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Dáil Éireann debate -
Thursday, 28 Jun 2007

Vol. 637 No. 4

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 12, inclusive, answered orally.

Driving Tests.

Noel Coonan

Question:

13 Deputy Noel J. Coonan asked the Minister for Transport and the Marine the date on which smart card driver licences and learner permits will be introduced. [18096/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the oversight of the operation of the driver licensing system including the preparation of proposals for draft regulatory provisions relating to driver licensing and testing. The Road Safety Authority has made a submission to my Department concerning licensing reforms including the introduction of learner permits. These proposals are under consideration at present.

With regard to the introduction of new smart card driver licences, the EU Directive provides that Member States introduce a system of plastic card licences by 2013 at the latest. Responsibility for the driving licences is a matter for the Road Safety Authority but I understand that the Authority will introduce the new system as soon as the standard specifications for the microchip (which will store the licence data) are agreed at EU level.

Public Transport.

Terence Flanagan

Question:

14 Deputy Terence Flanagan asked the Minister for Transport and the Marine if his Department will have responsibility for coordinating the undertaking of integrated transport and land use plans in the hub towns; when this work will begin; and is expected to be completed. [18052/07]

The Transport 21 investment programme aims to provide an integrated transport system, which is fully informed by the key policies set out in the National Spatial Strategy (NSS). Key to the strategy is the concept of balanced regional development. To achieve this, a framework of Gateways, Hubs and other urban and rural areas have been established, which will open up new opportunities in the regions and give people greater choice in where they live and work.

The NSS states that, to support balanced regional development, Ireland's transport networks must build on the radial transport system of main roads and rail lines connecting Dublin to other regions, by developing an improved mesh or network of roads and public transport services; ensure, through building up the capacity and effectiveness of Ireland's public transport networks, that increases in energy demand and emissions of CO2 arising from the demand for movement are minimised; allow internal transport networks to enhance international access to all parts of the country, by facilitating effective interchange possibilities between the national transport network and international airports and sea ports; and address congestion in major urban areas by increasing the use of public transport. The NSS also sets out a number of policy guidelines, which are particularly relevant to Transport 21 and have been taken into account in its drafting. Transport 21 also takes account of the Regional Planning Guidelines adopted during 2004.

The key responsibility for land use and transport planning in the hub towns rests with planning authorities guided by policies from the Minister for the Environment, Heritage and Local Government. My Department works closely with the Department of Environment, Heritage and Local Government in integrating transport policy with land use planning. I envisage a strengthening of such co-operation, given the importance of this issue and the commitment in the Programme for Government to deliver integrated strategies for hubs. I also envisage that this matter will be addressed in more detail in a Sustainable Travel and Transport Action Plan, which I am committed to delivering.

Light Rail Project.

Olwyn Enright

Question:

15 Deputy Olwyn Enright asked the Minister for Transport and the Marine if a set budget has been allocated under Transport 21 to construct a Luas line to Rathfarnham. [18115/07]

Olivia Mitchell

Question:

32 Deputy Olivia Mitchell asked the Minister for Transport and the Marine when the feasibility study on a Luas to Rathfarnham will commence; the timespan for this study. [18049/07]

I propose to take Questions Nos. 15 and 32 together.

Transport 21 provides a very large funding commitment for the delivery of an extensive rail based public transport network in the Greater Dublin Area in the period up to 2015. This network is based on the Dublin Transportation Office strategy "A Platform for Change". Transport 21 includes funding for feasibility studies on those elements of the "A Platform for Change" which are not included in Transport 21 and this includes the proposed Luas line from the city centre to Dundrum via Rathfarnham and Terenure. It was announced, on 30 January last, that the RPA is to commence work on the Rathfarnham feasibility study in April.

Preliminary work has commenced on this feasibility study and I understand from the RPA that the feasibility study will take a number of months to complete. While Transport 21 involves a very large commitment of financial resources, those resources are also finite. It has therefore been necessary to prioritise the investments to be made over the ten year period. There is no financial provision in Transport 21 for the construction of a Luas line to serve the Rathfarnham.

Public Transport.

Róisín Shortall

Question:

16 Deputy Róisín Shortall asked the Minister for Transport and the Marine the action he will take to complete the integrated ticketing project; the projected total cost; and the time-scale he is working to. [17892/07]

Terence Flanagan

Question:

44 Deputy Terence Flanagan asked the Minister for Transport and the Marine the position in relation to integrated ticketing on public transport; when this system will be fully operational. [18051/07]

I propose to take Questions Nos. 16 and 44 together.

A number of magnetic strip integrated tickets which allow transfer between Bus and Dart, Bus and Luas, and Luas and Dart are currently in place. Within the context of Transport 21, a far wider integrated ticketing scheme is to be in place within the Greater Dublin Area, based on smartcard technology. An Integrated Ticketing Project Board was established last year to take forward this project, comprising the Chief Executive Officers of the RPA and CIE companies, a representative of private bus operators and a senior official from my Department under an independent chairperson. The Project Board was given the responsibility of delivering the smartcard technology required to deliver an integrated smart card ticketing system within an agreed specification, timeline and budget.

The Board has submitted a comprehensive proposal for the delivery of the project. The proposal puts the expected capital cost of the integrated ticketing system at €49.6 million. On the 1st June, my Department wrote to the Chairman of the Project Board authorising him to proceed with the implementation of the project along the lines proposed by the Board. The Chairman has since informed me that the procurement process to secure a supplier for the back office systems is under way. The tender notice was recently placed in the Official Journal of the European Union. Currently, smartcard ticketing systems are in place on both Luas and Mortons services. Both Iarnród Eireann and Dublin Bus also intend to introduce their own interim smartcard systems in the near term. These will enable both users and operators to familiarise themselves with the use and flexibilities of smartcard systems.

The next stage then is to roll-out the proposed integrated ticketing system within the Greater Dublin Area. All of the current smartcard schemes are designed to migrate to this integrated smartcard system at the appropriate time. This roll-out will commence within 27 months on the services of Dublin Bus, Luas and Morton's. It will be extended to Iarnrod Eireann Dart and Commuter rail services within the following year. Bus Eireann has agreed to commence a trial project on one of its commuter routes. Full roll-out will be completed within four years.

Cycle Facilities.

Kathleen Lynch

Question:

17 Deputy Kathleen Lynch asked the Minister for Transport and the Marine when he proposes to improve the standards applying to the design and use of cycle lanes, particularly in terms of planning, parking, dimensions, and maintenance [17898/07]

My Department is engaged at present with a number of other agencies, under the aegis of the Dublin Transportation Office, in a review of the current manual on the provision of cycling facilities titled the "Provision of Cycle Facilities — National Manual for Urban Areas" which was published in the late 1990s. This non-statutory publication sets out comprehensive guidance on the design and provision of cycle facilities. The standards as regards best practice applying to planning, design and maintenance will be covered in this review process. In addition, the provisions in the road traffic regulations with regard to the use of cycle tracks and the traffic signs prescribed to indicate the application of cycle track regulatory provisions are being looked at in conjunction with this design and standards review. It is expected that the review will be completed by the end of 2007.

Question No. 18 answered with QuestionNo. 7.

State Airports.

Andrew Doyle

Question:

19 Deputy Andrew Doyle asked the Minister for Transport and the Marine when the break up of the State airports and their establishment as independent entities will be completed. [18124/07]

The State Airports Act, 2004 provides the framework for the establishment of Shannon and Cork as independent airports. Under the Act, both the Minister for Finance and I will have to be satisfied as to the state of operational and financial readiness of the three airports before any vesting of assets can take place.

All three Airport Authorities will have to finalise business plans for autonomous operations. Recognising that the three airports will require coordinated strategies for the achievement of operational and financial readiness, the Dublin Airport Authority (DAA) will oversee the consistency of the assumptions and strategies of each business plan.

The actual timing of airport restructuring will be contingent on the creation of the appropriate conditions that will ensure the financial sustainability of all three State Airports. My Department will continue to liaise with all three authorities on the business planning timetable.

Road Network.

Emmet Stagg

Question:

20 Deputy Emmet Stagg asked the Minister for Transport and the Marine when he proposes to provide in legislation for open tolling. [17917/07]

The Roads Bill 2007, which will provide the legislative basis for open road tolling, is currently before the House. I hope that it will be enacted before the Summer recess.

The principal purpose of the Bill is to provide the necessary statutory basis to facilitate the implementation of free flow open road tolling (also known as ‘barrier-free' tolling) on toll-based national road schemes through the provision of appropriate deterrents for non-payment of tolls. In particular, this legislation is necessary to support the introduction of free flow open road tolling at West-Link on the M50 by August 2008.

Economic Development.

Kieran O'Donnell

Question:

21 Deputy Kieran O’Donnell asked the Minister for Transport and the Marine when the Government funding will be put in place for the urgent implementation of the €53 million mid-west tourism and economic development plan (details supplied). [17920/07]

Earlier this year the EU and the US reached agreement on a multilateral air transport agreement ‘Open Skies' which envisages more liberalised air service arrangements on the transatlantic market. The agreement on Open Skies follows several years of negotiations at EU US level and marks an historic step in advancing the development of international regulation of aviation and is expected to yield significant economic benefits on both sides of the Atlantic.

As part of the transitional arrangements relating to Ireland, the ‘Shannon Stop' requirement is being phased out and will end in April 2008. In the meantime air carriers are required to serve Dublin and Shannon on a 3:1 basis over the period October 2006 to March 2008. At the same time the restriction on the number of US cities that can be served by Irish carriers have been lifted. As a result, Aer Lingus will commence three new services from Dublin to the US from Autumn 2007 to San Francisco, Orlando and Washington.

With a view to assisting Shannon airport, and the wider region, to adapt to the new regime, my Department has drawn up an Economic and Tourism Development Plan for Shannon. This follows a commitment given by my predecessor Minister Cullen, which is now reflected in the new Programme for Government. I expect to be in a position to bring the Economic and Tourism Plan for Shannon to finalisation shortly.

In preparing the Plan, my Department has consulted with the Department of Arts, Sports and Tourism, the Department of Enterprise Trade and Employment, the Department of Communications & Natural Resources and the Department of Finance. A liaison group, established by the Mid West Regional Authority, has separately prepared a report on the future development of the Shannon region as an input to the Department's Plan.

Public Transport.

Billy Timmins

Question:

22 Deputy Billy Timmins asked the Minister for Transport and the Marine the changes in the preparatory analysis undertaken prior to the construction of public transport projects under Transport 21, that will be introduced in view of commitments given in the programme for Government to consider environmental impacts; the Department that will be given responsibility for this analysis. [18118/07]

The Department of Transport has recently issued ‘Guidelines on a Common Appraisal Framework for Transport Projects and Programmes' to its agencies. The Guidelines apply to all Exchequer funded and PPP projects in the transport sector. Project appraisals are carried out by the relevant implementing agency. The appraisals are subject to audit by the Department of Transport.

The Guidelines set out the criteria to be used for cost benefit analysis and multi-criteria analysis, including environmental impacts. The criteria to be assessed under the environmental heading are: air quality, noise and vibration, landscape and visual quality, biodiversity, cultural heritage, land use and water resources.

My Department has asked each implementing agency to report on their experience in using the Guidelines by end April 2008, after which it will complete a review and make any necessary modifications to the Common Appraisal Framework. That review will also consider whether any further changes are needed to give full effect to commitment in the Government Programme.

Road Safety.

Thomas P. Broughan

Question:

23 Deputy Thomas P. Broughan asked the Minister for Transport and the Marine the way he will deal with the anomaly in road traffic law which currently prevents urban speed limits and double yellow lines to be applied by local authorities before areas are taken in charge by them; and if he will undertake to update the law soon in this regard. [17890/07]

There is no anomaly in the Road Traffic Acts in relation to the scope of the application of the Acts. The application of this legislation only applies to public roads. A public road is a road that has been taken in charge by a road authority and as a consequence of executing that statutory procedure the road authority takes on responsibility for the improvement and maintenance of that road. The decision to take a road in charge by a road authority and the timing of any such decision is a matter to be determined by a local authority through co-ordination of its separate statutory roles as a planning, housing and road authority.

There has to be legal certainty in relation to the application of the law and it would not be appropriate to provide that the Road Traffic Acts could pre-empt the making of any such decision at local level. In the interests of legal clarity it is appropriate that the role of a road authority and the enforcement of road traffic law by the Garda Síochána or local authority traffic wardens apply to public roads only and should not be extended to apply to private roads i.e. roads that have not been taken in charge by a road authority.

Public Transport.

Richard Bruton

Question:

24 Deputy Richard Bruton asked the Minister for Transport and the Marine when real time information will be available on all public transport. [18047/07]

Both Irish Rail and Luas already deploy real time information systems. Bus Éireann and Bus Átha Cliath are both proceeding with the introduction of automatic vehicle location technology on board buses. This technology will create the platform for, the deployment of real time passenger information.

Bus Atha Cliath has in recent weeks put forward initial proposals for funding for a roll-out of real time passenger information via electronic displays at bus stops based on a technical platform which will facilitate a multi-operator approach. The Department is seeking further information from the Company.

The new Programme for Government includes a commitment to expediting the establishment of the Dublin Transport Authority which will have overall responsibility for surface transport in the Greater Dublin Area. A key function of the new Authority relates to delivery of an integrated transport system, including the provision of integrated passenger information. I will be seeking Government approval shortly for the publication of a Dublin Transport Authority Bill.

Road Safety.

Catherine Byrne

Question:

25 Deputy Catherine Byrne asked the Minister for Transport and the Marine his preference on the best method to deal with the problem of driving under the influence of drugs. [18067/07]

The main contributory factors in road traffic fatalities and injuries are speeding, drink-driving and the non-wearing of seat belts. The influence of drugs on driving behaviour is an issue of increasing concern and has thus been given recognition in the previous Government Strategy on Road Safety.

It is already illegal in this country to drive while under the influence of drugs to such an extent as to be incapable of having proper control of a vehicle. Identification of the presence of drugs is however more complex than for alcohol. Consequently, considerably more work is needed to develop a more detailed regulatory regime in relation to drugs and driving before the best method to deal with this matter can be devised and adopted.

The Road Traffic Acts provides that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person submit to a blood test or to provide a urine sample.

The Medical Bureau of Road Safety (MBRS) analyses blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs. At a meeting of the Pompidou Group of the Council of Europe in Strasbourg in July 2006, representatives from all over Europe addressed the issue of random drug testing of drivers at the roadside in the light of the most up to date developments throughout this region.

The MBRS and An Garda Síochána participated in that seminar, which concluded that there is currently no device considered to be reliable enough in order to be recommended for roadside saliva screening of drivers for drugs. The Medical Bureau is keeping me and my Department abreast of developments in this area.

Question No. 26 answered with QuestionNo. 8.

Air Services.

Eamon Gilmore

Question:

27 Deputy Eamon Gilmore asked the Minister for Transport and the Marine if any air navigation undertaking has sought the grant or, if granted, the renewal of a ministerial indemnity in its favour under the Air Navigation and Transport (Indemnities) Acts 2001 or 2005, or both; if so, the identity of the undertaking concerned; his receipts and expenditure for each year since 2001 to date in 2007 in respect of arrangements under those Acts; the aggregate amount of the liabilities in respect of arrangements in respect of each such year under those Acts entered into during that year [17887/07]

Following the events of September 11th, aviation insurers worldwide withdrew 3rd party war and terrorist risk insurance from airlines, airports and ground handling companies. Without such insurance these undertakings could not operate and Governmental support was required. As a result the Air Navigation and Transport (Indemnities) Act 2001 was enacted which gave the Government power to insure air navigation undertakings by way of a Ministerial indemnity. The scheme ran from September 2001 to October 2002. As no incidents occurred that gave rise to claims, the State incurred no costs under the scheme other than administrative costs.

In June 2005, the European Commission informed Member States that the insurance industry had begun to withdraw insurance cover for acts of terrorism and war. In response the Oireachtas enacted the Air Navigation and Transport (Indemnities) Act 2005 to enable the Minister for Transport to act quickly in the event of insurance cover being withdrawn by the industry at short notice. The 2005 Act allows the Government in exceptional circumstances, to make an Order declaring that a state of difficulty exists, in relation to aviation insurance, where essential insurance is not generally available. To date there has been no application from any air navigation undertaking for the grant/issue of an indemnity under the 2005 Act.

As the receipts (in respect of insurance premiums) expenditure and the number of undertakings involved with this scheme relate to the 2001-2002 period it will be necessary to undertake a review of my Departments files and accounts in order to provide the Deputy with full details he has requested and I will revert to the Deputy with more detailed information when this is available.

Road Network.

Enda Kenny

Question:

28 Deputy Enda Kenny asked the Minister for Transport and the Marine the way and when an outer orbital route for Dublin will be delivered. [18122/07]

Emmet Stagg

Question:

55 Deputy Emmet Stagg asked the Minister for Transport and the Marine his views on the necessity of the outer Dublin ring road; his plans to fund such a project in the lifetime of this Government. [17918/07]

I propose to take Questions Nos. 28 and 55 together.

As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The implementation of individual national road projects is a matter for the National Roads Authority (NRA) under the Roads Act, 1993 in conjunction with the relevant local authorities concerned. The Regional Planning Guidelines for the Greater Dublin Area (2004-2016) and the DTO's A Platform for Change (2000-2016) identified a need for a Dublin Outer Orbital Route (now known as the Leinster Orbital Route) linking Drogheda/Navan/Naas/Newbridge.

Both Transport 21 and the new NDP committed the NRA to carrying out a feasibility study on the Orbital Route. In April 2007, the NRA completed an updated feasibility study which builds on an earlier 2001 study, looking in particular at the costs and benefits of such a route. As part of the study various possible route corridors were examined in detail. A corridor linking Drogheda to Navan to Naas was identified as the optimum route having regard to the policy objectives set out in the policy documents.

The primary objective of the Leinster Orbital Route is to provide an alternative bypass of Dublin for national road traffic not wishing to access the Metropolitan Area and to provide a transport link between development centres in the Hinterland Area of the Greater Dublin Area, in a way which supports their sustainable, physical and economic development.

The updated NRA study finds that there is merit in constructing an Orbital Route linking Drogheda/Navan/Naas. Neither Transport 21 nor the NDP provide funding for the project to be constructed in the period to 2015. However the Government Programme contains a commitment to prepare for delivery of the Route. The study is currently under detailed consideration by my Department.

Road Safety.

Kathleen Lynch

Question:

29 Deputy Kathleen Lynch asked the Minister for Transport and the Marine the progress in completing a new road safety strategy; the budget he proposes to devote to same over its duration; and when he expects to publish it. [17897/07]

Shane McEntee

Question:

30 Deputy Shane McEntee asked the Minister for Transport and the Marine the reason there is no national road safety strategy in place. [18039/07]

Joe Carey

Question:

63 Deputy Joe Carey asked the Minister for Transport and the Marine if he is satisfied with the situation where there is currently no national road safety strategy in place [18131/07]

I propose to take Questions Nos. 29, 30 and 63 together.

The Road Safety Authority (RSA) is responsible for developing a new Road Safety Strategy for the period 2007-2011. They went out to public consultation in October last year and received a substantial number of suggestions and proposals as a result of this process. The RSA also engaged in a process of direct consultation with key stakeholders in December 2006. The volume of submissions received from these processes were examined by the Authority who are now working towards the finalisation of the new Strategy.

When the new Road Safety Strategy is received my officials and I will examine the document. Discussions may then take place with the RSA with regard to any changes or revisions that are considered appropriate. I will bring the final document to Government for approval as soon as possible thereafter.

In the meantime, the commitment to a strategic integrated approach by all the relevant agencies to reduce the level of deaths and injuries on our roads, continues. There is also a consistently high level of Garda enforcement, particularly in relation to drink driving, speeding and other penalty point offences. The number of road deaths in 2006 was the second lowest rate in forty years and this downward trend in deaths and collision rates has been maintained in 2007.

Eamon Gilmore

Question:

31 Deputy Eamon Gilmore asked the Minister for Transport and the Marine when the pilot scheme to examine the possibility of allowing motorcyclists use bus lanes will be initiated; and when it will be completed. [17888/07]

The primary purpose of bus lanes is to facilitate and promote bus based public transport and the use of bus lanes is provided for in the Road Traffic (Traffic & Parking) Regulations 1997 and 1998. Many representations have been received by my Department over the years seeking to extend access to bus lanes to a wide range of other road users. The Road Safety Authority (RSA) carried out and presented to my Department some research in relation to motorcycle safety and proposed that the issue of allowing motorcyclists access to bus lanes on a pilot scheme basis be examined.

Following consultation with the other relevant agencies, a small working group was established under the chairmanship of the RSA. Work is on-going with regard to the detailed specification of pilot schemes permitting motorcyclists in bus lanes. All aspects of the original RSA proposal, including any safety implications, will be taken into account in a Report that will be presented to my Department on completion of this work.

Question No. 32 answered with QuestionNo. 15.

Public Transport.

Pat Breen

Question:

33 Deputy Pat Breen asked the Minister for Transport and the Marine when the legislation to establish a Dublin transport authority will be published. [18120/07]

Damien English

Question:

51 Deputy Damien English asked the Minister for Transport and the Marine when legislation to establish a Dublin transport authority will be published; when it will be fully operational. [18101/07]

Róisín Shortall

Question:

77 Deputy Róisín Shortall asked the Minister for Transport and the Marine when he will introduce legislation to provide for the Dublin transport authority. [17893/07]

I propose to take Questions Nos. 33, 51 and 77 together.

Prior to the dissolution of the 29th Dáil, significant progress was made on the preparation of legislation to establish a statutory Dublin Transport Authority. Mr. Tom Mulcahy was also appointed as chairman designate of the proposed Authority last February to commence the process of putting the necessary organisational arrangements in place.

The Programme for Government includes a commitment to expediting the establishment of the Dublin Transport Authority. I am currently consulting my Ministerial colleagues and I hope to be in a position to seek Government approval for the publication of a Dublin Transport Authority Bill in the immediate future.

Bernard J. Durkan

Question:

34 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine his plans to prioritise specific elements of Transport 21. [18069/07]

The Government Programme identifies clear transport investment priorities which are largely consistent with the existing Transport 21 plans. The Programme commits the Government to the ongoing review of our transport needs and where agreed to proceed with new projects. The Programme also refers to a number of studies to be undertaken which will inform that review.

Pat Breen

Question:

35 Deputy Pat Breen asked the Minister for Transport and the Marine if it is his intention to increase the number of public transport projects which are due to be developed under Transport 21. [18119/07]

The Government Programme refers to studies of a number of additional public transport projects as follows:

extending Luas to Rathfarnham subject to a feasibility study,

examining the feasibility of reopening the railway line from Claremorris to Sligo,

conducting feasibility studies to be completed within two years into Luas-style light rail transit systems in Cork, Galway, Limerick and Waterford,

exploring the use of high speed trains on the Cork-Dublin route

further development of the Dublin-Belfast rail route.

It also commits the Government to continue to review our transport needs and where agreed to proceed with new projects. That ongoing review will take account of the findings of the various studies referred to in the programme.

Question No. 36 answered with QuestionNo. 8.

Parking Regulations.

Joe Costello

Question:

37 Deputy Joe Costello asked the Minister for Transport and the Marine his policy in relation to the growing problem of larger vehicles parking in residential areas; and the measures he will take to combat same. [17895/07]

Road authorities already have power under article 38 of the Road Traffic (Traffic and Parking) Regulations 1997 to apply restrictions on the parking of large vehicles. The regulatory provision applies to any type of large vehicle, for example, a goods vehicle, a passenger vehicle such as a bus or machinery plant such as a JCB unit and the like.

This power is applied by a road authority through the provision of a regulatory prohibition on parking traffic sign displaying a vehicle weight threshold at the entrance to an area. The road authority specifies the weight threshold that would be appropriate for each location. Any large vehicle, whose unladen weight exceeds the weight displayed on the traffic signs, is restricted from parking in that area except for a period of time not exceeding 30 minutes from the commencement of parking while goods are being loaded or unloaded. This 30 minute exemption is to permit access to vehicles that have a legitimate purpose to be parked there.

The scope of the present powers are ample to apply whatever parking restrictions are required at local level. The application of the parking restrictions under article 38 on any public road is a matter for each individual road authority to determine in relation to its own area. Enforcement of the parking restrictions is a matter for the Garda Síochána, local authority traffic wardens or authorised persons.

Airport Development Projects.

John Deasy

Question:

38 Deputy John Deasy asked the Minister for Transport and the Marine if he remains confident that the second terminal at Dublin Airport will be fully operational by 2009; if he has discussed a contingency plan with the Dublin Airport Authority in the event of the terminal being behind schedule. [18140/07]

The Aviation Action Plan, adopted by Government in May 2005 mandated the building of the second terminal at Dublin airport by the Dublin Airport Authority (DAA). This decision was driven by the urgent need to provide for additional capacity at the airport in response to the significant growth in passenger numbers there in recent years.

Under the DAA Capital Investment Programme, provision is made for the delivery of Terminal Two and associated pier facilities (Pier E). Fingal County Council granted planning permission for the project in October 2006 and this was subject to an appeal to An Bord Pleanála. An oral hearing was held by An Bord Pleanála into the planning permission during April this year. The outcome of that oral hearing is awaited. I am assured that the DAA is focused on meeting the Government deadline which is dependent on a timely and favourable planning decision, but in the absence of a decision on planning it is impossible to give a definitive time scale.

Parking Regulations.

Ciaran Lynch

Question:

39 Deputy Ciarán Lynch asked the Minister for Transport and the Marine when he will update the law in relation to parking. [17891/07]

The Road Traffic (Traffic and Parking) Regulations 1997 are kept under on-going review in my Department and have been revised on five occasions over the intervening years to address new circumstances.

Proposals for amendments that are received in my Department are examined on their merits and feed into an ongoing review of the regulatory measures. Not only are the provisions for parking in secondary legislation kept under review but this applies also to the enabling scope of primary legislation. In this regard, the Roads Bill 2007 that is scheduled for debate in the Dáil, contains new legislative proposals to address the particular problem of parking congestion that is experienced by local residents in the vicinity of large stadia venues on match or event dates.

If the Deputy has any specific aspect of parking law in mind for updating he should forward details of the proposals to my department for consideration.

Public Transport.

Leo Varadkar

Question:

40 Deputy Leo Varadkar asked the Minister for Transport and the Marine when public buses will achieve a 30% bio fuel blend in their vehicles. [18060/07]

As part of the overall objective of developing transportation in a sustainable manner, CIE was requested to plan to achieve a 30% bio-diesel blend in all new buses. Dublin Bus secured a commitment from the relevant engine manufacturer, Volvo, that would allow new buses to be modified to operate on a 30% biofuel mix without affecting the warranty. My Department is continuing to work with CIE to establish how this target can be achieved for all new buses in the shortest time frame possible.

Road Safety.

Joan Burton

Question:

41 Deputy Joan Burton asked the Minister for Transport and the Marine when he proposes to introduce compulsory alcohol and drug testing for drivers involved in accidents causing injury; and the way he proposes this measure will work in cases where drivers need urgent medical attention. [17907/07]

The Road Traffic Acts provide that a member of the Garda Síochána may require a person in charge of a mechanically propelled vehicle to provide a preliminary breath specimen where the vehicle is involved in a road collision. Garda discretion in relation to the use of preliminary roadside tests in such circumstances is necessary, having regard to possible injuries sustained, and I do not propose to alter that position.

The Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital. This applies where an event occurs involving a vehicle which results in a person being injured, or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital, and a member of the Garda is of the opinion that, at the time of the event, the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.

Traffic Management.

Ruairí Quinn

Question:

42 Deputy Ruairí Quinn asked the Minister for Transport and the Marine if his attention has been drawn to the traffic conditions faced by Dublin Bus in Dublin city centre and the resulting impact on journey times; and the steps he will take to improve the situation. [17912/07]

I am aware of the difficult operating conditions faced by Dublin Bus and other bus operators in providing services within the Dublin City centre area. To deal with this situation, Dublin Bus and the relevant local authorities are working closely together through the DTO City Centre Working Group to address the situation through a series of actions and measures including additional bus priority measures such as bus lanes and changes to traffic signals to support the bus. The measures are designed to improve bus performance and reduce travel time for passengers.

The authorities are currently working on the delivery of an agreed list of such measures for 2007/2008 and my Department is supporting these measures through funding of the order of €40m per annum. This investment is taking place while the planning and development of other public transport investments under Transport 21 are being rolled out, such as suburban rail, LUAS and Metro projects.

Question No. 43 answered with QuestionNo. 8.
Question No. 44 answered with QuestionNo. 16.

Rail Services.

Catherine Byrne

Question:

45 Deputy Catherine Byrne asked the Minister for Transport and the Marine when he expects the rail line to Navan will be fully opened. [18090/07]

The re-opening of the Clonsilla to Navan line is proposed under Transport 21 in two phases — Clonsilla to Pace by 2009 and Pace to Navan by 2015. Iarnród Éireann expects to complete shortly the preliminary design and EIS on Phase 1, Clonsilla to Pace. The Company will shortly thereafter submit an application for a Railway Order to An Bord Pleanála. Iarnród Éireann expects to start the project later this year (subject to Railway Order) and to complete it late in 2009. The new station in Docklands ensures there will be capacity in the city centre to cater for demand from the newly reopened line.

In relation to Phase 2, the Pace-Navan section, Iarnrod Eireann is currently carrying out route alignment and feasibility studies in consultation with Meath County Council. This work is expected to be completed by Autumn 2007. I will then have a clearer indication of the scale of the project to be undertaken.

Driver Training.

Paul Kehoe

Question:

46 Deputy Paul Kehoe asked the Minister for Transport and the Marine when compulsory basic training for motorcyclists will be introduced. [18123/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority( RSA) has responsibility for the oversight of the operation of the driver licensing system including the preparation of proposals for draft regulatory provisions relating to driver licensing and testing. In this context, the RSA is responsible for bringing forward proposals for the introduction of compulsory initial practical training for motorcyclists. The RSA published a consultation document in March 2007 on this matter and has received a substantial number of suggestions that are currently under examination.

Taxi Regulations.

Jack Wall

Question:

47 Deputy Jack Wall asked the Minister for Transport and the Marine when he proposes to fully commence section 36 of the Taxi Regulation Act 2003. [17911/07]

Section 36 of the Taxi Regulation Act 2003, as amended, provides for a system whereby persons who have been convicted of certain specified offences are automatically disqualified from applying for or holding a small public service vehicle driver or vehicle licence. These include the offences of murder, manslaughter and various sexual, drug trafficking and other offences.

Before commencing this section in full, the Gardaí and the Commission for Taxi Regulation are modernising current licensing arrangements for drivers by

(i) transferring the driver licensing function from the Garda Síochána to the Commission, and

(ii) the Gardaí introducing new vetting arrangements.

As soon as these arrangements are in place, I expect to be in a position to make the necessary commencement order.

However, to facilitate drivers and vehicle licence holders with a history of previous relevant convictions, and following consultation with the Commission for Taxi Regulation, the Gardaí, the Courts Service and others, my predecessor made a statutory instrument to commence subsections 2(A), 3, 3(A) and 4 of section 36 of the Taxi Regulation Act 2003 with effect from 25 May 2006. The measures in these subsections allow existing licence holders or licence applicants who have been convicted of specified offences to apply to the courts to be allowed to apply for a licence under such terms and conditions as the court may direct. This allows such individuals to clarify their situation in advance of the full commencement of the section.

An appropriate period of advance notice of the proposed full commencement of the section is envisaged to allow persons who may be affected by the provisions, in particular existing licence holders, to clarify their position with the courts if, at that stage, they have not already done so.

Public Transport.

Frank Feighan

Question:

48 Deputy Frank Feighan asked the Minister for Transport and the Marine the measures that need to be taken to increase the number of buses available to service dedicated bus lanes. [18128/07]

The Government is committed to the expansion of bus services throughout the country. Transport 21 provides over €530m for bus investment in the Greater Dublin Area (GDA) in the next 10 years. In addition, over €240m is included for investment in bus services outside the GDA. Dublin Bus is the largest operator of buses in the Greater Dublin Area and has been expanding its fleet in recent years and expanding services on bus lanes. More recently Dublin Bus has taken delivery of 100 additional buses in 2006 for which Exchequer funding of €30m was approved. 42 of the buses will be in service by the end of June and the remainder by September. The Allocation of these buses to particular routes is a matter for Dublin Bus.

Road Network.

Michael D'Arcy

Question:

49 Deputy Michael D’Arcy asked the Minister for Transport and the Marine his views on the introduction of an infrastructure bond to finance future road developments; if this initiative will be introduced during the life time of the Government. [18137/07]

I have no plans to introduce a scheme of the nature suggested by the Deputy. Any such proposal would be a matter for my colleague the Minister for Finance.

Public Transport.

Joe McHugh

Question:

50 Deputy Joe McHugh asked the Minister for Transport and the Marine if he has received the report regarding public transport subventions; the recommendations contained in this report; the actions he will take on foot of this report. [18147/07]

The Expenditure Review on CIÉ Subvention and the recommendations therein are currently being finalized. It is expected that the final Report will be published shortly.

Question No. 51 answered with QuestionNo. 33.

Road Safety.

Shane McEntee

Question:

52 Deputy Shane McEntee asked the Minister for Transport and the Marine his views on the significant number of drivers who are relying on a provisional licence. [18040/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has responsibility for the oversight of the driving licensing system, driver testing and the issuing of certificates of competency. Decisions regarding the deployment of resources to reduce waiting times are a matter for the RSA and they have outlined their proposals to tackle the backlog in the Press last Tuesday, 26 June. A copy of the Press Release is attached for the information of the Deputy.

Traffic Management.

Brian Hayes

Question:

53 Deputy Brian Hayes asked the Minister for Transport and the Marine the way he will increase the level of walking and cycling as an alternative to car based transport in urban areas. [18142/07]

It is Government policy to encourage walking, cycling and public transport as an alternative to the private car and Transport 21 includes funding for measures to encourage these more sustainable modes of transport. Bearing in mind that most travel in major urban areas is over relatively short distances, walking and cycling rather than driving are being encouraged, not only in the interests of traffic reduction but also in the interest of promoting healthier lifestyles and air quality.

A Cycle Policy for the GDA, published by the DTO in September 2006, proposes to enhance the cycling environment and promote safe cycling by a variety of means, including a continuous cycle-friendly environment on cycle routes and training and education measures. My Department is assisting in the roll out of this plan through the provision of funding under the Traffic Management Grants Scheme. The DTO expects to finalise a Walking Policy for the GDA later this year. It is expected that this will be mainstreamed by local authorities in other urban areas apart from the GDA.

Outside of Dublin, the framework for the promotion of cycling in the regional cities is set out in the relevant local land use and transportation strategy or in the relevant Development Plan or Local Area Plan. My Department will continue to provide financial assistance to local authorities to implement their plans for cycle facilities through Traffic Management Grants under Transport 21.

Port Development.

Brian Hayes

Question:

54 Deputy Brian Hayes asked the Minister for Transport and the Marine the situation in relation to a new study of Dublin Port. [18141/07]

In 2006, Dublin City Council commissioned a wide ranging economic, amenity, recreational and environmental study of Dublin Bay, including the port area. I understand that this study is nearing completion.

The National Development Plan 2007-2013 contains the following paragraph:

The Government proposes to undertake a comprehensive study of the role of Dublin Port, taking account of locational considerations, in the context of overall ports policy on the island of Ireland, wider transport policy, urban development policy, the National Spatial Strategy and national economic policy. This review will take account of the findings of the study on the role of Dublin Bay and the Dublin Port Area commissioned by Dublin City Council.

The terms of reference of the proposed study under the NDP will be finalized in the light of the outcome of Dublin City Council's study.

Question No. 55 answered with QuestionNo. 28.

Road Safety.

Liz McManus

Question:

56 Deputy Liz McManus asked the Minister for Transport and the Marine his views on the recommendation by a jury at a recent inquest (details supplied) that all foreign vehicles be subjected to the same testing procedures as Irish vehicles; the steps his Department has taken to inform itself and the relevant enforcement authorities of the State of the various equivalents in other EU States of Ireland’s national car test certificate. [17913/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) responsibility for vehicle standards, including matters relating to vehicle testing, passed to the Road Safety Authority.

The framework at European level in relation to the compulsory periodic roadworthiness testing of motor vehicles and trailers is set down in EU Directive 96/96/EC. The Directive specifies the categories of vehicles liable to testing, the minimum frequency of testing of vehicles, the items that have to be tested and the arrangements for testing. In accordance with the Directive, each Member State of the European Union is required to have arrangements in place for the compulsory periodic roadworthiness testing of vehicles registered by it.

In line with the Directive's requirements, the testing of vehicles in this country is confined solely to Irish-registered vehicles. The Directive does not contain provisions to enable a Member State, irrespective of the circumstances involved, to require a vehicle registered in another Member State to be made subject to a roadworthiness test in its territory for the purposes of the Directive. To do so would be contrary to internal market rules for road transport in facilitating the free circulation of vehicles within the EU.

Notwithstanding the preclusion in the Directive on a Member State from compulsory testing of vehicles registered in another Member State, an extensive range of requirements must be satisfied in order to use a vehicle in a public place in Ireland regardless of its country of registration. In that regard, all vehicles must be in a satisfactory roadworthiness condition and comply with the requirements of vehicle standards regulations. The use of a vehicle in contravention of these regulations, regardless of its country of registration, would constitute an offence and leave a person open to prosecution under road traffic law. Enforcement of road traffic regulations is a matter for the Garda Síochána.

Rail Services.

Jim O'Keeffe

Question:

57 Deputy Jim O’Keeffe asked the Minister for Transport and the Marine his views on the expansion of the rail freight sector; the measures he will introduce to grow the sector. [18103/07]

Ciaran Lynch

Question:

72 Deputy Ciarán Lynch asked the Minister for Transport and the Marine the Government’s policy in relation to the expansion of rail freight; the targets which have been set; the way it is proposed to meet these; the policy in relation to introducing a subsidy to encourage the use of rail freight. [17894/07]

Bernard J. Durkan

Question:

144 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine his plans to divert heavy goods transport onto the rail services; and if he will make a statement on the matter. [18334/07]

I propose to take Questions Nos. 57, 72 and 144 together.

Iarnród Éireann continues to pursue a policy of growing its rail freight business where real opportunities present and returning the rail freight business to profitability. Iarnród Éireann has made progress in recent years in growing the rail freight business in areas where it holds a competitive advantage over road haulage, e.g. large volumes or trainloads over long distances. For example, Iarnród Éireann has:

re-introduced the trainload pulpwood business for Coillte between the West of Ireland and the South East;

altered rail schedules and is currently providing four additional trains per week for Tara Mines with a potential to carry an extra 100,000 plus tonnes of lead and zinc between Navan and Dublin Port per annum;

modified surplus platform wagons to provide a trainload service for containers between Ballina and Waterford Port.

Iarnród Éireann has undertaken extensive engagement with industry and transporters but had genuine difficulty in identifying business opportunities that offer reasonable volumes of business on a regular basis. It is not feasible to run trains with one or two containers and Iarnród Éireann has not identified sufficient business, with the exception of the Ballina to Waterford service, to group a number of separate activities together to form a viable trainload. Most Irish industry is focused on ‘just in time' transport which is particularly suited to our expanding and improving road network. Rail freight generally involves road movements at each end of the logistics chain and given the often short distances in Ireland it is difficult to develop a business case. The experience across Europe is no different. Rail freight activities are most economic over long distances with large volumes and where the freight to be carried is not time sensitive.

As part of the engagement with industry Iarnród Éireann works closely with port authorities to identify opportunities. Rail freight is fully liberalised since 1st January, 2007, and while no serious representations have been made to my Department for entry to the market to date, I would welcome any expressions of interest. In the absence of real opportunities or proposals for viable long term rail freight business, the development and use of fiscal incentives has not been considered.

Driving Tests.

Tom Hayes

Question:

58 Deputy Tom Hayes asked the Minister for Transport and the Marine the measures he will introduce to reduce waiting times for a driving test to no more than four weeks. [18130/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has now responsibility for the delivery of the driving test and the issuing of certificates of competency. Decisions regarding the deployment of resources to reduce waiting times are a matter for the RSA.

Public Transport.

Jack Wall

Question:

59 Deputy Jack Wall asked the Minister for Transport and the Marine his policy in relation to the increased subsidisation of public transport companies in order to introduce a cheaper and more simple fare structure. [17902/07]

The annual Exchequer subvention currently paid to CIÉ is provided to support socially and economically necessary but commercially non-viable public transport services in Dublin and through the country. The Structure of fares is a matter for public transport operating companies.

Road Safety.

Fergus O'Dowd

Question:

60 Deputy Fergus O’Dowd asked the Minister for Transport and the Marine the reason the programme for Government does not contain a target for the reduction of road fatalities; if the Government has abandoned previous targets in this regard. [18109/07]

The Road Safety Authority is currently in the process of developing a new five year national Road Safety Strategy. Specific targets to reduce the level of deaths and injuries on our roads and, how to achieve those targets, will be outlined in that Strategy and presented to Government for approval.

Question No. 61 answered with QuestionNo. 11.

Driving Tests.

Noel Coonan

Question:

62 Deputy Noel J. Coonan asked the Minister for Transport and the Marine his views on the idea of compelling disqualified drivers to re-sit their driving test; when this measure will be introduced. [18095/07]

I have no legislative proposals on hands at present to pursue a measure of the nature referred to by the Deputy. Any proposal to permit drivers who have been disqualified to re-sit their driving test would have to undergo a detailed consultation process with the Road Safety Authority who have responsibility for the delivery of the driving test and the issuing of certificates of competency.

Question No. 63 answered with QuestionNo. 29.

Damien English

Question:

64 Deputy Damien English asked the Minister for Transport and the Marine when the driving test system will be reformed and driving instruction will be formally regulated. [18102/07]

In relation to reform of the driver testing system, under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), the Road Safety Authority has responsibility for the oversight of the operation of the driver licensing system including the preparation of proposals for draft regulatory provisions relating to driver licensing and testing. The Road Safety Authority has made a submission to my Department concerning licensing reforms including the introduction of learner permits. These proposals are under consideration in my Department.

As regards the regulation of driving instruction, the Road Safety Authority also has responsibility for this function and I understand that examination of persons seeking to be approved driving instructors will be commenced by the Road Safety Authority in July 2007 and that all instructors will have to be approved by 1 January 2009 before being allowed to instruct for reward.

Question No. 65 answered with QuestionNo. 7.

State Airports.

Jimmy Deenihan

Question:

66 Deputy Jimmy Deenihan asked the Minister for Transport and the Marine the position in relation to the debt burden at Cork Airport; if he will personally intervene to resolve this issue. [18100/07]

I understand that the Dublin Airport Authority (DAA) has been advised by consultants on an appropriate financing proposal that would facilitate the statutory objective of the separation of Cork Airport from the DAA in a timely manner, consistent with the requirements of the State Airports Act 2004 and the Companies Acts. I am aware that the outcome of this analysis was that Cork Airport could sustain a certain level of debt while remaining a very viable enterprise. I understand that the board of the Cork Airport Authority also engaged consultants to examine further the issue of the Cork debt.

Clearly, the debt issue is crucial to the business planning process which will have to be addressed by the Cork airport board and the DAA, in the first instance, before any business plan is submitted to me and the Minister for Finance for our approval under the State Airports Act 2004. The Government position is that the funding of the new terminal and other works at Cork Airport will have to take account, not only of what is commercially and financially feasible for Cork Airport, but also what is commercially and financially feasible for Dublin Airport.

If the Cork Airport Authority is to achieve autonomy in the foreseeable future, it will have to accept responsibility for a reasonable portion of the outstanding debt, in return for the substantial assets to be transferred to it on separation. In deciding what level of debt is to be borne by Cork, it will have to be manifest to all concerned that it is a manageable debt burden that would not put at risk the airport's commercial future. Responsibility for the production of the business plans rests with the authorities. My function, under the Act, is to consider the plans, in conjunction with the Minister for Finance, once they have been submitted.

Parking Facilities.

Ulick Burke

Question:

67 Deputy Ulick Burke asked the Minister for Transport and the Marine his plans in relation to increasing the number of park and ride facilities available to commuters. [18126/07]

There is funding available under Transport 21 for the development of park and ride facilities by Iarnród Éireann, the RPA and local authorities, and my Department has been encouraging applications in that regard. My Department has approved €10.92 million in funding in 2007 for Iarnród Éireann for park and ride facilities. This funding will provide over 1,600 extra spaces at various locations throughout the network and studies by Irish Rail for a further car park expansion programme. In addition, car park provision will form part of major new railway infrastructure works such as the Kildare Route Project and the Navan Rail Link.

Additional Park and Ride sites will be developed in association with the proposed Luas and Metro lines in Transport 21. These will open at the same time as the lines open for passenger services. These sites are determined by the Railway Procurement Agency (RPA) when individual Railway Order applications are submitted for the various lines. As regards local authorities, my Department has been encouraging them to come forward with proposals, and is prepared to consider capital funding, in specific instances, towards the cost of site acquisition, where the business case justifies it.

In the Greater Dublin Area (GDA), my predecessor approved a DTO strategy for rail-based park and ride on the existing and proposed commuter network in the GDA. A further DTO study indicated that bus-based park and ride would offer limited potential in a city on the scale of Dublin, but that it might be useful in some specific local contexts. Cork, Galway, Limerick and Waterford also have transport plans which include provision for park and ride.

There is already a successful park and ride facility at Black Ash in Cork, and the City and County Councils are currently considering a number of other sites for proposals. In the case of the other provincial cities, the development of park and ride facilities is linked to the development of QBCs, and my Department continues to press these authorities to advance their plans. Funding for such measures is available under Transport 21.

Road Safety.

Pat Rabbitte

Question:

68 Deputy Pat Rabbitte asked the Minister for Transport and the Marine his views on the request from the Medical Bureau of Road Safety for increased funding and resources to allow for an expansion of its drug-testing programme. [17915/07]

The issues referred to by the Deputy relating to the Medical Bureau of Road Safety are currently under examination.

Light Rail Project.

Brian O'Shea

Question:

69 Deputy Brian O’Shea asked the Minister for Transport and the Marine the steps he proposes to take to conduct feasibility studies into Luas style light rail transit systems in Cork, Galway, Limerick and Waterford. [17906/07]

The Programme for Government provides for feasibility studies to be completed within two years into Luas-style light rail transit systems in Cork, Galway, Limerick and Waterford. My preference is that these feasibility studies be carried out as part of a review of the existing land use and transportation strategies for these cities. A review of the Cork Area Strategic Plan is already under way and I will be asking the Cork authorities to include in that review, consideration of the feasibility of introducing light rail transit and/or bus rapid transit.

Rail Network.

Mary Upton

Question:

70 Deputy Mary Upton asked the Minister for Transport and the Marine the steps he proposes to take to expedite the interconnector project. [17904/07]

Transport 21 provides a completion date for the construction of the Interconnector of 2015. This project is an important part of a programme to extend and reconfigure the DART and suburban rail services in the Greater Dublin Area so as to provide higher capacities, additional frequencies and a more integrated network of services.

Irish Rail are currently carrying out a number of feasibility studies in relation to the alignment, timescale and cost of project. There are also a number of projects currently under way that are necessary to prepare for the development of the Interconnector, including the Kildare Route Project and the electrification of the Maynooth line. In addition, Irish Rail and the Railway Procurement Agency are working well together to ensure that planning for both the Interconnector and the Metro is properly integrated. The Programme for Government entails a commitment to immediately investigating ways of expediting this project and I will be pursuing this with Iarnrod Éireann.

Question No. 71 answered with QuestionNo. 12.
Question No. 72 answered with QuestionNo. 57.

Driving Tests.

Thomas P. Broughan

Question:

73 Deputy Thomas P. Broughan asked the Minister for Transport and the Marine the reason the new driver licensing regime envisaged under the Road Traffic Act 2006 has not been introduced nor many of the relevant sections and subsections initiated. [17889/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the oversight of the operation of the driver licensing system including the preparation of proposals for draft regulatory provisions relating to driver licensing and testing.

The Road Safety Authority has been examining the driver licensing system, to identify what further reforms might be introduced in the interests of road safety. A submission has been received from the Authority in this regard and is under consideration in my Department. The relevant provisions of the Road Traffic Act 2006 will be commenced when the appropriate regulatory and administrative systems are in place.

Road Safety.

Michael D. Higgins

Question:

74 Deputy Michael D. Higgins asked the Minister for Transport and the Marine when he proposes to fully transpose Directive 2005/66/EC. [17900/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) responsibility for vehicle standards, including matters relating to vehicle equipment, construction and use, has been transferred to the Road Safety Authority. Technical standards for frontal protection systems (bull bars) for motor vehicles (passenger cars and small vans) have been provided for in EU motor vehicles type-approval Directive 2005/66/EC.

From 25 May 2007, new vehicles fitted with frontal protection systems, and frontal protection systems supplied as separate technical units, are required to be type-approved in accordance with the Directive, in order to be allowed entry into service or be sold in Member States. The Directive has been transposed into Irish law for type-approval of vehicles and frontal protection systems supplied as separate technical units and in relation to entry into service of passenger cars.

Draft regulations were recently submitted to my Department by the Road Safety Authority to also apply the Directive in relation to the entry into service of small vans. I understand that draft regulations to provide for transposition of the outstanding measures of the Directive in relation to the sale or supply of frontal protection systems supplied as separate technical units are at an advance stage of preparation.

Jan O'Sullivan

Question:

75 Deputy Jan O’Sullivan asked the Minister for Transport and the Marine his proposals to introduce a specific Rules of the Road booklet for cyclists. [17901/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has responsibility for the promotion of public awareness of road safety and seeks (in partnership with other organizations such as schools and the Gardaí) to promote proper cyclist behaviour from an early age.

An updated Rules of the Road was published last March and, in addition to the rules that apply to all road users, the publication also outlines the rules that apply specifically to cyclists. Cyclists have a duty of care and must take reasonable measures in their manner of cycling to avoid injury to themselves or to others. The former National Safety Council has, in recent years, published a leaflet titled Cycle safely which is available from the Road Safety Authority. It is now a matter for the RSA to determine if any further separate publication directed at cyclists, is necessary.

Rail Network.

Bernard J. Durkan

Question:

76 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine his proposals for the development of the rail transport system with particular reference to the urgent need to provide an available, acceptable and attractive alternative for commuters; his plans to accelerate the programme to put in place a complimentary parking and bus feeder service with a view to increasing rail use by daily commuters. [18068/07]

The capacity and frequency of services on the railway network in respect of both intercity and suburban rail has been substantially increased in recent years on foot of improved and extended infrastructure and the acquisition of additional rolling stock.

Transport 21 includes ambitious plans for the expansion of the rail network up to 2015. In the short term, capacity on both intercity and commuter services will be further enhanced with the introduction of 183 new railcars between now and 2009. Their introduction into service will allow Iarnród Éireann to substantially improve capacity, frequency and journey times on all routes. By 2009 Ireland will have one of the newest intercity rail services in Europe.

These improvements are being reflected in the sustained growth in passenger numbers carried by Iarnród Éireann from 32.7m in 1999 to 43m in 2006, making it one of the fastest growing railway networks in Europe. As the Deputy will be aware, capacity on the Kildare line has increased by 160% since 2000. Capacity will be further enhanced with the completion of the Kildare line upgrade in 2010.

In relation to car parking facilities at rail stations, I refer the Deputy to my reply to Dail Question 18126/07 of today. Feeder bus services to/from commuter rail stations are operational matters between Iarnród Éireann and bus operators.

Question No. 77 answered with QuestionNo. 33.
Question No. 78 answered with QuestionNo. 12.

Decentralisation Programme.

David Stanton

Question:

79 Deputy David Stanton asked the Minister for Transport and the Marine further to Parliamentary Question No. 161 of 21 February 2007, if Bus Éireann staff have indicated their wish to move to Mitchelstown. [17995/07]

The situation in relation to Bus Éireann remains unchanged. I understand that, to date, no employee has indicated a wish to move and I have, therefore, asked the Company to consider how decentralization can be achieved.

Rail Network.

James Bannon

Question:

80 Deputy James Bannon asked the Minister for Transport and the Marine his plans to re-open the Mullingar to Athlone rail link (details supplied). [17989/07]

I refer the Deputy to my reply to question no. 16501 answered on 26 June. The position remains unchanged.

Road Traffic Offences.

Joan Burton

Question:

81 Deputy Joan Burton asked the Minister for Transport and the Marine the steps he will take to ensure that foreign registered drivers do not escape punishment or penalties for road traffic offences committed here. [17908/07]

I am conscious that enforcing penalties for road traffic offences on foreign registered drivers raises many legal, organisational and procedural issues which make it very difficult for any one State to enforce such penalties. For that reason, my Department is pursuing this question at the European, British/Irish and North/South levels where mutual recognition and cross border enforcement possibilities are under consideration.

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for ensuring that penalty points are endorsed on a licence record. Data in relation to penalty points is held on the National Driver File. All drivers are subject to road traffic law and it is a matter for An Garda Síochána to enforce the law. As foreign licence holders have no Irish driving licence, penalty points incurred in this State are recorded against that person on a separate record in the National Driver File.

Question No. 82 answered with QuestionNo. 12.

Road Safety.

Seymour Crawford

Question:

83 Deputy Seymour Crawford asked the Minister for Transport and the Marine his views on the possibility of changing the regulations regarding heavy goods vehicles and buses travelling on motorways where there are only two laneways such as the M1 in order that they could pass where the situation was clearly safe rather than dangerous convoys of slow moving vehicles at the speed of the slowest vehicle at the front; his further views on whether there is a need for passing lanes or easing of restrictions. [17991/07]

The motorway driving rules set out in the Road Traffic (Traffic and Parking) Regulations 1997 specify that the categories of vehicles that are subject to an ordinary speed limit not exceeding 80 km/h are prohibited from using the lane next to the central median. The categories of vehicles in question are heavy goods vehicles, buses and any vehicle towing a trailer etc.

This provision of 1997 was modified on 15 December 2006 in the Road Traffic (Control of Traffic) Regulations 2006 to provide that the prohibition on the use of the outside lane by certain categories of vehicles does not apply at any location on a motorway where a special speed limit or a roadworks speed limit of 80 km/h or less applies. The present ordinary speed limits regulations i.e. vehicle related speed limits, were amended in 2005 simply to reflect metric values. A substantive review of the policy is underway at present and the motorway driving rules will be looked at in the context of that review.

Road Network.

Pat Rabbitte

Question:

84 Deputy Pat Rabbitte asked the Minister for Transport and the Marine the action he proposes to take under section 41 of the Roads Act, 1993 or otherwise, to provide a more effective policy on the provision of lay-bys and set down areas on motorways and major inter-urban routes. [17916/07]

It is a matter for the National Roads Authority (NRA) and local authorities to identify and pursue the provision of service and rest areas on the national road network. It is not my intention to invoke the provisions of Section 41 of the Roads Act, 1993 in connection with the provision of rest and service areas.

I understand that, in light of the significant developments and improvements to the national road network over the last few years, my predecessor as Minister for Transport asked the NRA to examine their policies in regard to the provision of service and rest areas. This resulted in the NRA issuing a revised policy statement concerning service and rest areas in July 2006. The NRA now intend to provide service areas at intervals of approximately 50/60 km and rest areas at intervals of approximately 25/30 km on motorways and high quality dual carriageways. Furthermore, I understand that the NRA has identified optimum locations for up to 12 service areas and 11 rest areas on the major interurban routes as well as the N6/N18 and N11 routes.

The Roads Bill 2007, currently being progressed through the Oireachtas, contains legislative amendments to the Roads Act 1993 which will facilitate the NRA in their task of rolling out their service area and rest area strategy.

Road Safety.

Jan O'Sullivan

Question:

85 Deputy Jan O’Sullivan asked the Minister for Transport and the Marine his plans to amend legislation to make it a specific requirement of cyclists to wear high visibility clothing. [17899/07]

I have no legislative proposals under consideration that would make it compulsory for cyclists to wear reflective clothing at night. To make the wearing of reflective clothing mandatory would be to create a criminal offence under the Road Traffic Acts for any person who committed an offence for non-compliance with the regulatory provision to wear such clothing. Persons who would breach the provision would have to be issued with a fixed charge notice by a Garda or summonsed to court depending on whatever administrative procedure would be put in place for the processing of such offences.

The view of my Department is that safety issues such as these, are best promoted by way of educational and publicity campaigns, such as those undertaken by the Road Safety Authority (RSA). The safety of all road users is generally a matter of personal responsibility and in that context the Rules of the Road includes a strong recommendation supporting the wearing by pedestrians, of light coloured outer clothing and a reflective armband outside urban areas at night and by cyclists of a reflective armband and a Sam Browne reflectorised belt.

Public Transport.

James Reilly

Question:

86 Deputy James Reilly asked the Minister for Transport and the Marine the role his Department has in the provision of two bus services to utilise the new port tunnel; the reason the service lasted for only one day due to the lack of a licence from his Department; the reason such a public transport service needs a licence. [17999/07]

The initiation or alteration of a bus service by Dublin Bus is subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and with the provisions of Section 25 of the Transport Act, 1958 concerning competition with licensed private operators. On 23rd March, 2007 Dublin Bus notified my Department of its proposal to re-route one of its Route 33X services via the Port Tunnel. On the 12th April, 2007 the Company was informed by my Department that it could proceed with the re-routing via the Port Tunnel. This service is currently in operation.

A further notification was received from the Company on 22nd March 2007 to reroute four of the existing six services on the 41X route via the Port Tunnel. Following an assessment of these proposals, my Department concluded that the changes proposed would give rise to competition with a prior application for a commercial service for which a licence has been sought under the Road Transport Act, 1932. Consideration of this prior application is at an advanced stage. In accordance with standard procedures to avoid uncontrolled competition between operators, my Department informed Dublin Bus that a decision on the proposed changes was being deferred until such time as the prior application is finalised at which time my Department will revert to the Company. The re-routing of the Route 41X services through the Port Tunnel has not, therefore, been authorised by my Department.

Disabled Drivers.

Jim O'Keeffe

Question:

87 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Finance if his attention has been brought to the long delays for appeal assessments by the disabled drivers medical board of appeal; and if he will make available adequate resources to enable the board of appeal to deal with appeals within a reasonable time. [18377/07]

In relation to the issue of delays for appeal assessments by the Disabled Drivers Medical Board of Appeal, I wish to inform the Deputy that following a period of difficulty in organising sufficient meetings of the Medical Board of Appeal, I reconstituted the Board in early 2005, and have incrementally expanded the panel of doctors from three to seventeen members. This facilitated more frequent meetings of the Board thus enabling progress to be made in reducing the backlog of appeals that had arisen.

A new Chairperson and Secretary to the Medical Board of Appeal have recently been appointed. New appointments to replace some recently resigned/retired members will also be made. This should facilitate the resumption of progress in reducing the waiting time for assessment of appeals.

Tax Code.

Joan Burton

Question:

88 Deputy Joan Burton asked the Tánaiste and Minister for Finance the estimated cost to the Exchequer in terms of revenue foregone arising from tax reliefs designed to encourage support for the Government’s plans for co-located private hospitals on public lands; and if he will make a statement on the matter. [17149/07]

I should say, in the first instance, that no tax reliefs have been specifically designed or introduced to encourage support for the Government's plans for co-located private hospitals on public lands. The scheme of capital allowances for the construction or refurbishment of buildings used as private hospitals was introduced in the Finance Act 2001 and came into effect in May 2002. Provided that capital expenditure on the proposed co-located private hospitals, which are designed to free up capacity in public hospitals, conforms with the existing legislation governing that scheme then the normal tax relief will apply.

The cost of such tax relief will ultimately depend on the level of qualifying capital expenditure and no such expenditure on the proposed co-located hospitals has yet been incurred. For each €100 million of qualifying capital expenditure on these hospitals the cost of tax relief to investors (assuming a marginal tax rate of 41% for those investors) would amount in gross terms to €41 million spread over 7 years. Of course, with the additional activity generated by the construction of the hospitals, the employment generated and the related services provided on which taxes will be paid, additional revenues would accrue to the Exchequer.

Decentralisation Programme.

Pat Breen

Question:

89 Deputy Pat Breen asked the Tánaiste and Minister for Finance when the 50 workers identified under the decentralisation programme will take up their positions in Kilrush, County Clare (details supplied) as there has been a number of delays in same; and if he will make a statement on the matter. [18233/07]

I am advised by the Office of Public Works (OPW) that suitable accommodation has been identified for the Revenue Commissioners in Kilrush. The Chief State Solicitor is in consultation with the landlord's solicitor with a view to concluding the leasing of the premises.

I am also advised by Revenue that its networking, telephony installations and other preparations are all completed and that once the legal issues are resolved they will be in a position to occupy the premises immediately.

Tax Code.

Thomas P. Broughan

Question:

90 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance the ranges of duties and conditions that apply for the importation of new and second-hand cars from Great Britain and Northern Ireland; the number of motor vehicles imported in each of the past five years; the duties paid on same; and if he will make a statement on the matter. [18239/07]

I am advised by the Revenue Commissioners that Vehicle Registration Tax (VRT) and VAT may be payable on the importation of a car from Great Britain and Northern Ireland into the State.

As a general rule all cars imported permanently into the State from Great Britain and Northern Ireland or elsewhere must register for VRT purposes within one week of their arrival in the State. VRT is payable on the Open Market Selling Price (OMSP) of the car, which is the expected retail price of the car in the State, inclusive of all taxes.

Cars such as saloons, estates, hatchbacks, convertibles, coupes, etc, and minibuses with less than 12 permanently fitted passenger seats are classified as Category A vehicles for VRT. Category A vehicles are charged VRT as a percentage of the OMSP, based on the engine size of the car, using the following rates:—

Less than 1400 CC @ 22.5% of OMSP

From 1401 to 1900 CC @ 25% of OMSP

1901 CC and over @ 30% of OMSP

VRT is subject to a minimum payment of €315.00 for all Category A cars.

The above rates are used for both new and second hand cars, so that the VRT payable is based on the OMSP of the car on importation into the State.

The number of Category A cars imported from Great Britain and Northern Ireland over the past five years were as follows:

From Great Britain

From NI

Total

2002

6,009

647

6,656

2003

6,220

798

7,018

2004

10,641

1,513

12,154

2005

24,994

8,883

33,877

2006

35,905

11,236

47,141

The table provides details of all new and second hand Category A vehicles imported into Ireland for the years 2002 to 2006 along with the VRT yield.

Vehicle Registration Tax — Gross Registrations and Net Receipts

Year

Categrory

New

Used Imports

Total

Reg.

Reg.

Reg.

2002

Category A

156,313

756,336,265

13,838

20,789,879

170,151

777,126,144

2003

Category A

145,406

778,528,624

14,628

28,184,180

160,034

806,712,804

2004

Category A

154,497

876,657,414

23,573

53,367,076

178,070

930,024,490

2005

Category A

171,881

1,028,014,178

41,801

100,591,425

213,682

1,128,605,603

2006 (Provisional)

Category A

178,265

1,111,226,068

56,327

146,280,480

234,592

1,257,506,548

Flood Relief.

Paul Connaughton

Question:

91 Deputy Paul Connaughton asked the Tánaiste and Minister for Finance if his attention has been drawn to the winter flooding that occurs on an almost annual basis in Esker, Glenamaddy, County Galway; if there are plans in his Department to carry out work to alleviate this flooding; if such a scheme will be financed by the Office of Public Works; and if he will make a statement on the matter. [18240/07]

The Commissioners of Public Works, in conjunction with Galway County Council, have identified works that would reduce the flood risk in the area involved. The environmental and cost benefit aspects of the works, which would also require the agreement of landowners that would be affected, are currently being evaluated.

Tax Code.

John Cregan

Question:

92 Deputy John Cregan asked the Tánaiste and Minister for Finance the situation regarding the ongoing campaign for crèche charges to be tax deductible; the reasoning and decision to reflect this when decided on by Cabinet in 2006; the position regarding actions to assist parents with child care costs at that time; and if he will make a statement on the matter. [18355/07]

As the Deputy will be aware, this Government acknowledges the continuing cost pressures on parents, particularly those with young children. Childcare is probably the single biggest issue facing working parents today. That is why in Budget 2006 the Government introduced a suite of support measures in tandem with further increases in Child Benefit payments. These support measures include the Early Childcare Supplement of €1,000 in a full year for each child up to his or her sixth birthday, a five-year National Childcare Investment Programme which aims to fund an additional 50,000 childcare places by 2010, as well as extended paid and unpaid maternity leave.

From April of this year, Child Benefit payment rates increased to €160 per month for the first and second child and to €195 for each additional child. These Child Benefit payment levels represent a 321% increase in the rate for the first and second child over the prevailing rate in 1997 and a 294% increase in the rate for each additional child. By comparison, during this period the increase in the consumer price index is estimated to be 38%.

In addition, as part of the Government's strategy to increase the supply of childcare, I introduced an income tax exemption in Budget 2006 for income of up to €10,000 per year from childminding where individuals mind up to three children, who are not their own, in the minder's own home. I have now increased the exemption limit in 2007 from €10,000 to €15,000 per year.

As the Deputy will appreciate, I receive numerous requests for the introduction of new tax reliefs and the extension of existing ones. I must be mindful of the public finances and the many demands on the Exchequer. Tax reliefs, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult. However, I believe that the measures outlined above demonstrate the Government's ongoing commitment in the area of childcare.

Decentralisation Programme.

John Cregan

Question:

93 Deputy John Cregan asked the Tánaiste and Minister for Finance the situation in relation to promotion panels for Departments that are under going decentralisation planning; the situation regarding promotions coming up in Dublin; if all promotions are for decentralised positions; if there is a standard practice being operated by all Government Departments or if individual policies exist; the position regarding a portion of promotions being made to staff not decentralising; and if he will make a statement on the matter. [18356/07]

Promotions generally within the Civil Service are regulated by agreements reached at the General Council of the Scheme of Conciliation and Arbitration for the Civil Service.

In relation to the implementation of the Decentralisation Programme, discussions have taken place at the General Council Sub-Committee on Decentralisation and arrangements have been put in place providing for a standard practice for the filling of posts. These arrangements cover both inter-Departmental promotion competitions and internal promotions. In relation to inter-Departmental promotions, all appointees from such competitions must agree to re-locate with their new post. In relation to internal promotions, where a Department is decentralising in its entirety, from 52 weeks before decentralisation, all promotions in the Department are made on the basis of a written commitment by promotees to relocate; where a Department is partially decentralising, from 52 weeks before decentralisation, one half of all promotions are made on that basis.

In the case of a Department remaining in Dublin, where a post is due to be filled from an inter-Departmental panel, that post will be filled by the appointment of an officer who has opted not to relocate with his /her Department. The arrangements described above apply only to general service posts in the Civil Service. Discussions on this matter are ongoing with the unions representing professional and technical staff in the Civil Service.

Tax Yield.

John Cregan

Question:

94 Deputy John Cregan asked the Tánaiste and Minister for Finance the current charges on laser, credit cards and current accounts; the annual tax from this source; his views on dropping these charges and the cost of same for pensioners with free banking as currently many of these bank accounts held by elderly people have few transactions through them and often are only held to process crossed cheques and so on; and if he will make a statement on the matter. [18357/07]

A fixed stamp duty is chargeable on ATM cards, Laser cards, cards with combined ATM & Laser functions, credit card accounts and on cheques. There are no other stamp duty charges on current accounts. The stamp duty rates applicable are as follows:

Stamp Duty

Rate

Application

Cheques

15c

Applied when cheque book is issued

ATM Cards

€10

Applied on all cards active on 31 December each year.

Laser Cards

€10

Applied on all cards active on 31 December each year.

Combined ATM & Debit Cards

€20

Applied on all cards active on 31 December each year. Where only one function was used in the tax year, only €10 is charged.

Credit Card Account

€40

Applied on accounts (not cards) in April in respect of the previous April to March.

The yield in 2006 for each of these stamp duties is as follows:

Stamp Duty

Yield

€m

Cheques

16.7

ATM Cards

18.0

Laser Cards

0.6

Combined ATM & Debit Cards

17.7

Credit Card Account

67.8

Total

120.8

Information is not available that would allow a costing to be made of exempting the elderly from stamp duties on financial cards and cheques. The stamp duty on cheques, bills of exchange and promissory notes has existed for many years and when electronic means of money transfers were subsequently introduced, stamp duty was gradually extended to these products to ensure that the stamp duty from cheques etc. was not eroded.

There are no plans to introduce such exemptions to stamp duty for any category of individual. Stamp duties on financial cards are significant contributors to the Exchequer and are in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates generally low.

Tax Code.

John Cregan

Question:

95 Deputy John Cregan asked the Tánaiste and Minister for Finance the situation in relation to the tax treatment of the cost of private carers; if such costs are fully allowable against tax for the person being cared for or for a relative of same; if the service must be provided by a formal company; if informal services can also be claimed for; and if he will make a statement on the matter. [18358/07]

I am informed by the Revenue Commissioners that Section 467 of the Taxes Consolidation Act 1997 allows a deduction from an individual's total income for tax purposes in respect of the costs incurred by that individual of employing another person to take care of himself or herself or a relative who is totally incapacitated by reason of physical or mental infirmity. For the purposes of the deduction, a "relative" includes a relation by marriage and a person in respect of whom the person claiming the deduction is the legal guardian. If the individual claiming the deduction is jointly assessed for income tax, he or she can claim a deduction in respect of a carer employed by his or her spouse. An individual claiming a deduction under this provision cannot also claim the dependent relative tax credit or the incapacitated child tax credit.

The amount which can be claimed as a deduction is the lesser of (a) the amount ultimately borne by the individual or his/her spouse in the year of assessment in employing the employed person, or (b) €50,000. If two or more individuals are entitled to claim this deduction in respect of the same incapacitated individual, the aggregate of the deductions granted to them shall not exceed €50,000, and the relief granted to each individual shall be in proportion to the amount of the employment cost he or she has borne. Any amount recovered from the Health Service Executive or a local authority in respect of the costs of employing the carer is deducted from the amount claimable.

The individual claiming the deduction can employ the carer directly, or he or she can employ the carer through an agency. If the individual employs the carer directly, he or she will have to register with the Revenue Commissioners as an employer and operate PAYE and PRSI in order to qualify for the deduction.

If certain conditions are satisfied, relief for health expenses under section 469 Taxes Consolidation Act may be available in respect of constant nursing care provided by a fully qualified nurse in the patient's home. For the tax year 2007 and subsequent years, if health expenses relief is granted, relief will not be given under any other provision of income tax legislation in respect of that amount. More information is available on the Revenue website www.revenue.ie (leaflet IT47, Employed Person Taking Care of an Incapacitated Individual; and Guidelines to Health Expenses — Qualifying Expenses and Rates under Hot Topics — Medical Expenses).

John Cregan

Question:

96 Deputy John Cregan asked the Tánaiste and Minister for Finance the trace changes in exemption limits for pensioners, single or couples over the past ten years; if he will provide inflation CPI figures for corresponding years to show real or true increase in the income tax exemption limits; and if he will make a statement on the matter. [18359/07]

The age exemption limits apply to income earners aged 65 or over. Where an elderly individual or married couple has income at or below the limits, no income tax is payable. In 1997, the limits had a value of €5,841/€11,682 (single/married) for earners aged 65 to 74 with increased values of €6,603/€13,206 (single/ married) applying in the case of couples aged 75 or over. For 2007, the limits are €19,000/€38,000 (single/married). The distinction in the limits which applied between those aged under 75 and those aged over 75 was removed in 1999.

The position is that in the ten years since 1997, the age exemption limits have increased in value by 225% if the lower limits of €5,841/€11,682 for those aged 65 to 74 are taken as a base or by 187% if the higher limits of €6,603/€13,206 for those aged 75 or over are used instead. CPI inflation from the end of 1997 to the end of 2007 is estimated at 41.5% on a cumulative basis. In real terms, therefore, the value of the age exemption limits has more than doubled since 1997.

Full details of the age exemption limits as they applied for in each year since 1997 are available on my Departments website at www.finance.gov.ie under the heading of Policy Areas and Publications (Taxation Issues).

Disabled Drivers.

John Cregan

Question:

97 Deputy John Cregan asked the Tánaiste and Minister for Finance the situation in relation to VRT free cars for disabled persons; if the facility is available to blind persons; if not, if he will reconsider as blind persons need total assistance and must have a separate driver; and if he will make a statement on the matter. [18360/07]

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, as well as relief from excise on the fuel used in the car up to a certain limit.

The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

(a) be wholly or almost wholly without the use of both legs;

(b) be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

(c) be without both hands or without both arms;

(d) be without one or both legs;

(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f) have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. The terms of reference of the Group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme.

The Group's Report, published on my Department's website in July 2004, sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The Report also makes a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme.

In respect of the long-term recommendations, including the qualifying disability criteria, given the scale and scope of the scheme, further changes can only be made after careful consideration. For this reason, the Government decided that the Minister for Finance would consider the recommendations contained in the Report of the Interdepartmental Review Group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme. This consideration is undertaken on a regular basis.

Jim O'Keeffe

Question:

98 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Finance the number of persons in relation to the disabled drivers and disabled passengers tax concessions scheme at present holding a primary medical certificate entitling them to eligibility under the scheme; the number of applicants awaiting decision on a primary medical certificate; and the number of such cases under appeal. [18376/07]

Based on the most recent data available from the Revenue Commissioners, it is estimated that the number of claimants in the Disabled Drivers and the Disabled Passengers [Tax Concessions] Regulations 1994 Scheme in 2006, was approximately 11,000. An application for a Primary Medical Certificate (PMC) under the Scheme is made to the Senior Medical Officer for the relevant local Health Services Executive (HSE) administrative area and therefore falls under the remit of the HSE. Consequently, my Department is not in a position to outline either the number of persons currently holding a PMC, or the number of persons awaiting a decision as to their eligibility for a PMC.

Appeals relating to the medical aspect of the Scheme are made to the Disabled Drivers Medical Board of Appeal. As at end May 2007, 417 appeals were with the Medical Board of Appeal. A new Chairperson and Secretary to the Medical Board of Appeal have recently been appointed. New appointments to replace some recently resigned/retired members will also be made. This should facilitate the resumption of progress in reducing the waiting time for assessment of appeals.

Tax Code.

Richard Bruton

Question:

99 Deputy Richard Bruton asked the Tánaiste and Minister for Finance the threshold for purchases on the Internet from non-EU countries before customs and VAT become payable; and his views on updating them to a more realistic level to avoid excessive bureaucratic delay. [18387/07]

Customs duties, VAT and excise duty where applicable are payable on goods purchased over the Internet and imported into Ireland from outside of the EU. Consignments of a negligible value, i.e. not exceeding a value of €22, do not attract import charges. However, this relief does not apply to tobacco products, alcoholic products, perfumes or toilet waters.

Further relief is available for gift consignments, to and from private individuals, where the value of the gift does not exceed €45. Again, there is no relief from VAT or Excise duty on consignments of alcohol, tobacco products, perfume and toilet waters but relief from Customs duty is allowed as per the table.

Type of Goods

Allowances

Tobacco Products

50 cigarettes; or 25 cigarillos (cigars with a maximum individual weight of 3 gms); or 10 cigars; or 50 gms of tobacco; ora proportional assortment of the different products.

Alcohol

1 litre of distilled beverages and spirits over 22% volume; or 1 litre of fortified or sparkling wine, and some liqueurs of 22% volume or less; and 2 litres of still wines.

Perfume and toilet waters

50 gms of perfume; or 0.25 litres of toilet water.

The thresholds for relief from duty are set by the EU and are under review at present. Ireland is supportive of measures to modernise customs import procedures and would also support reasonable proposals to simplify the existing general reliefs regime. This is evidenced by our welcome for recent EU proposals to increase the duty free allowances for persons entering the EU from third countries from the current single limit of €175 to €300 for people travelling by land, and to €430 for those travelling by air and sea.

Foreign Adoptions.

Seán Ó Fearghaíl

Question:

100 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children the position regarding the issues raised in correspondence (details supplied) in relation to the issue of inter-country adoption; and if she will make a statement on the matter. [18399/07]

Seán Ó Fearghaíl

Question:

130 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children her views on the contents of correspondence (details supplied); the position regarding the matter of inter-country adoptions and the delays that arise for couples seeking to pursue such adoptions in Kildare and surrounding counties; and if she will make a statement on the matter. [18398/07]

I propose to take Questions Nos. 100 and 130 together.

As the details supplied by the Deputy raise particular policy questions in relation to an individual, my Office will communicate separately with the Deputy on the matter. The Deputy also raises the broader issue of waiting times for intercountry adoption. This relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive (HSE) under the Health Act 2004. Accordingly, my Office has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Government has allocated additional funding to the HSE in recent years to assist in tackling intercountry adoption waiting times. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences.

The Deputy will be aware that demands for assessment for intercountry adoption are continuously increasing. It should be noted that consequent on the increased number of children coming from abroad, there is also a new and increasing demand for post-adoption reports for sending countries. These are also being undertaken by HSE social work staff.

In a number of areas, the HSE have increased capacity through contract arrangements with non-statutory agencies with appropriate expertise. Officials from my office are currently engaged in discussions with the HSE to explore these and other strategies to increase capacity across the country.

Hospital Accommodation.

Paul Connaughton

Question:

101 Deputy Paul Connaughton asked the Minister for Health and Children the reason tender documents have not been issued to the National Children’s Hospital in Tallaght; and if she will make a statement on the matter. [17686/07]

The Board of Tallaght Hospital agreed, on 22 June, to continue its participation in the co-location initiative. I understand that invitation to tender documents in relation to Tallaght will issue in the near future.

Denis Naughten

Question:

102 Deputy Denis Naughten asked the Minister for Health and Children if the State will own private hospitals to be built on the land of public hospitals; and if she will make a statement on the matter. [17696/07]

The private hospitals to be developed under the co-location initiative will not be owned by the State. The new co-located hospitals will be separate legal entities and will assume all legal and commercial risks relating to their operations.

Liz McManus

Question:

103 Deputy Liz McManus asked the Minister for Health and Children the cost of the co-location project; and if she will make a statement on the matter. [17868/07]

Jan O'Sullivan

Question:

104 Deputy Jan O’Sullivan asked the Minister for Health and Children the cost of the co-location project; and if she will make a statement on the matter. [17588/07]

Bernard J. Durkan

Question:

131 Deputy Bernard J. Durkan asked the Minister for Health and Children the benefit to the taxpayer expected to arise in the context of co-location proposals; and if she will make a statement on the matter. [18082/07]

Frank Feighan

Question:

135 Deputy Frank Feighan asked the Minister for Health and Children when a cost benefit analysis will be conducted on the co-location project with published results; and if she will make a statement on the matter. [17691/07]

Dinny McGinley

Question:

136 Deputy Dinny McGinley asked the Minister for Health and Children the reason she did not conduct a cost benefit analysis on the hospital co-location project; and if she will make a statement on the matter. [17694/07]

I propose to take Questions Nos. 103, 104, 131, 135 and 136 together.

The aim of the co-location initiative is to make available an additional 1,000 beds for public patients. This will be achieved by transferring to new private hospitals the private work which is currently being undertaken in the public hospitals. There will be no direct capital cost to the State arising from this initiative. Furthermore, the revenue cost to the State will be minimum. This is because the beds are already staffed and the back-up services and facilities required to support them are in place. The only staffing cost envisaged is the appointment of additional Consultants, something that the Government is committed to in any event, at an estimated cost of €25 million.

There will be a loss of private health insurance income to the hospitals from private health insurers, estimated at €80 million in respect of the six sites where the co-location initiative is most advanced. However, it is considered that this is a small price to pay in order to free up 1,000 beds for public patients where the running cost of over €300 million is already being met by the State. The loss of income will be mitigated, in part, through income from the lease of the land and a potential share of profits from the co-located facility.

It is anticipated that the private developers will avail of the scheme of capital allowances under the Finance Acts. The level of tax relief depends on the financing arrangements for each hospital. It should also be noted that not all costs are eligible for tax relief under the scheme. The Government's consideration of the initiative assumed a capital cost of €1 million per bed. As I said in the debate on Tuesday, for each €1 million in allowed capital expenditure, the tax cost is up to €455,000 at prevailing tax and PRSI rates, spread over 7 years, and not taking account of tax buoyancy effects. This is still less than the capital cost to the State of building and commissioning an additional 1,000 new beds for public patients.

The policy directive which was issued to the Health Service Executive (HSE) in July 2005 requires it to undertake a rigorous value for money assessment of co-location proposals which takes account of the value of the public site and the cost of the tax foregone. The HSE must satisfy itself that proposals represent better value for money than building, commissioning and operating beds in the traditional way. For this purpose, a public sector benchmark equivalent was developed for each site, which includes the cost of tax allowances and the loss of private health insurance income.

The National Development Finance Agency has confirmed that the tenders received by the Health Service Executive provide value for money relative to the public sector benchmark equivalent at the current stage of the procurement process and that the project is in a position to move to the financial close stage.

Liz McManus

Question:

105 Deputy Liz McManus asked the Minister for Health and Children her views on the statutory basis for dealing with the co-location of private hospitals on public hospital grounds by way of ministerial direction; if she will provide an update and timeframe on successful tenders; and if she will make a statement on the matter. [17583/07]

The co-location initiative was the subject of a policy direction issued on 14 July 2005 to the Health Service Executive under Section 10 of the Health Act 2004. I have been advised and I am satisfied that the direction complies with the relevant provision of the Act. The current position in relation to the co-location initiative is that the Health Service Executive (HSE) issued Invitations to Tender for St James, Beaumont, Cork, Limerick, Waterford and Sligo issued on 19 April 2007.

The bids for the six sites were returned on 17 May 2007. It is expected that the HSE will appoint the successful bidders following HSE Board approval at the beginning of July. The Invitation to Tender for Connolly Hospital, Blanchardstown issued on 11 June 2007. The Board of Tallaght Hospital agreed, on 22 June, to continue its participation in the initiative.

Health Services.

Ned O'Keeffe

Question:

106 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will investigate the delay in having treatment provided for a person (details supplied) in County Cork. [18192/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Ned O'Keeffe

Question:

107 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange for the provision of respite care in respect of a person (details supplied) in County Cork. [18193/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Repayment Scheme.

Ned O'Keeffe

Question:

108 Deputy Edward O’Keeffe asked the Minister for Health and Children the reason for the delay in having a refund of nursing home charges under the national repayment scheme awarded to a person (details supplied) in County Cork who was informed that they would receive this payment in May 2007. [18194/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Hospital Services.

Ned O'Keeffe

Question:

109 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will make arrangements for a person (details supplied) in County Cork to be admitted to hospital for treatment. [18195/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospitals Building Programme.

Ned O'Keeffe

Question:

110 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will confirm that the capital funding allocated in respect of a project (details supplied) in County Cork is still in place. [18196/07]

This Government is committed to a sustained high level of investment in healthcare which will enable the completion and commissioning of numerous new facilities in both the acute and the Primary, Community and Continuing Care sectors. Responsibility for the planning and management of capital projects in the health sector which include the matters referred to in the Deputy's question are a matter for the Health Services Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

National Treatment Purchase Fund.

Ned O'Keeffe

Question:

111 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in having an admission date arranged for a person (details supplied) in County Cork who is waiting to be called for hip replacement surgery; and if she will consider referring them under the National Treatment Purchase Fund. [18197/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Patients waiting more than three months on a surgical waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Hospital Accommodation.

Thomas P. Broughan

Question:

112 Deputy Thomas P. Broughan asked the Minister for Health and Children if there are proposals to provide additional beds to Beaumont Hospital in the second half of 2007 or 2008; if a programme of improvement, investment or development for Beaumont Hospital has been recently agreed for the second half of 2007 or for 2008; her plans to enhance the facilities at St. Joseph’s Hospital, Raheny, Dublin 5; and if she will make a statement on the matter. [18230/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Tobacco Control.

Thomas P. Broughan

Question:

113 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of compliance tests carried out on retail premises by the Office of Tobacco Control; the number of prosecutions initiated against retail premises for the sale of tobacco to persons aged under 18 in respect of each county for the past two years for which figures are available; and if she will make a statement on the matter. [18238/07]

The Deputy's question relates to the enforcement of tobacco control legislation. The enforcement of the prohibition on the sale of tobacco products to persons under 18 years of age is the responsibility of the environmental health service of the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Child Care Services.

Dan Neville

Question:

114 Deputy Dan Neville asked the Minister for Health and Children the position regarding payment of a grant for a creche (details supplied) in County Limerick. [18259/07]

As the Deputy will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children.

With regard to the application for capital grant assistance under the National Childcare Investment Programme 2006-2010 referred to in the question, I understand that it is in the final phase of the assessment process. The applicant will be informed of the outcome in due course.

Hospital Services.

Róisín Shortall

Question:

115 Deputy Róisín Shortall asked the Minister for Health and Children the reason a procedure (details supplied) associated with the treatment of Parkinson’s disease is not available in the public hospital system here when it is in many other developed countries; and her plans to offer same as a service. [18274/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Repayment Scheme.

Seymour Crawford

Question:

116 Deputy Seymour Crawford asked the Minister for Health and Children the reason for the delay in her Department in allowing for the repayments under the nursing home repayment scheme; her views on the fact that these repayments have been promised for a long period and are being held up through some technicality; and if she will make a statement on the matter. [18278/07]

The health repayment scheme was launched in August 2006 and is administered by the Health Service Executive (HSE) in conjunction with the appointed Scheme Administrator KPMG/McCann Fitzgerald.

The position at 15th June, 2007 was that 3,200 offers of repayment, with a value of approximately €60m have been issued by the scheme administrator. Arising from these offers approximately 1,800 repayments with a value of approximately €38m have been made to date. This rate of repayment is lower than had been projected. I understand from the HSE that this is due to a number of factors including the legal and technical requirements, a high level of deficiencies in the application forms submitted to the scheme administrator and complexities in the operation of the probate process.

In accordance with the Health (Repayment Scheme) Act 2006, priority has been given to repaying living applicants as they were most immediately affected, however repayments to estates have now commenced. A dedicated website www.repay.ie, an information phone line 1890 886 886 and an e-mail facility queries@repay.ie have been established by the scheme administrator to assist the public in accessing claim forms and general information on the scheme. The information line operates between the hours of 9.00 am and 6.00 pm Monday to Friday. The helpline has dealt with 50,161 queries to date.

The HSE is monitoring the operation of the repayment scheme and has agreed a range of initiatives with the scheme administrator to speed up the repayment process. The closing date for receipt of applications is 31st December 2007 and I have been informed by the HSE that final repayments should be made by mid 2008.

Medical Cards.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18314/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be renewed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18315/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason a medical card has not issued in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18316/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Hospital Services.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Health and Children if hospital service charges will be waived in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18317/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Services for People with Disabilities.

John Cregan

Question:

121 Deputy John Cregan asked the Minister for Health and Children the situation in relation to new rules regarding €100 a week approximately being taken from clients on disability allowance who are long-stay patients or clients in residential homes for persons with intellectual disability; if this deduction was not always done in such homes as with elderly in nursing homes; and if she will make a statement on the matter. [18361/07]

The Health (Charges for In-Patient Services) Regulations 2005 have provided for two different classes of persons on whom charges may be levied. These regulations were signed by the Minister for Finance and the Minister for Health and Children on 14 January 2005. Class 1 refers to people in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser. Class 2 refers to people in receipt of in-patient services on premises where nursing care is not provided on a 24 hour basis on those premises. In this situation, a weekly charge can be levied of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser. These regulations provide for the maximum charge to be levied on either class of person. The HSE issued revised guidelines for the implementation of the charges in July 2006.

The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under Section 1(b) of the Health (Amendment) Act, 2005, the HSE can examine a person's overall financial situation in view of the person's reasonable expenditure in relation to themselves or their dependants, if any.

As you are aware, I welcome the decision by my colleague, the Minister for Social and Family Affairs, to grant the full disability allowance to all persons in institutional residential care who prior to that were not eligible for this allowance. The net impact of granting the full disability allowance, in the context of long stay charges, is that the individuals will continue to receive the same level of service as before but will have increased income which they will be able to retain for their personal use.

Care of the Elderly.

John Cregan

Question:

122 Deputy John Cregan asked the Minister for Health and Children the situation in relation to charges being levied on pensioners’ medical cards when they spend a few months in respite care; if the matter of charging respite beds of a few months duration can be clarified; if the Health Service Executive will be informed not to charge such short term stays if the establishment is deemed to be an acute hospital or a long-term facility; and if she will make a statement on the matter. [18362/07]

Section 53 of the Health Act, 1970, (as amended by the Health (Amendment) Act, 2005) provides, inter alia, for the levying of a charge where in-patient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. The Health (Charges for In-Patient Services) Regulations 2005 in keeping with Section 53 of the Health Act, 1970, as amended, have provided for two different classes of persons on whom charges may be levied.

With effect from 14th July 2005, charges may be levied on persons who are in receipt of in-patient services in premises where nursing care is provided on a 24 hours basis, and in premises where nursing care is not provided on a 24 hour basis. The regulations provide for a different level of charge in respect of each class as follows. Class 1 refers to people in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser. Class 2 refers to people in receipt of in-patient services on premises where nursing care is not provided on a 24 hour basis on those premises. In this situation, a weekly charge can be levied of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser. These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under Section 1 (b) of the Health (Amendment) Act, 2005, the HSE can examine a person's overall financial situation in view of the person's reasonable expenditure in relation to themselves or their dependants, if any.

It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on any charges levied.

Voluntary Sector Funding.

John Cregan

Question:

123 Deputy John Cregan asked the Minister for Health and Children the situation regarding funding provided by her Department or the Health Service Executive to the Alzheimer Society with a breakdown of what the funding is in respect of; if core funding or related services are provided; her views on reports that the society must raise 30% of all funding itself; and if she will make a statement on the matter. [18363/07]

My Department no longer provides funding to Organisations which are not agencies of this Department. Funding in the circumstances outlined by the Deputy is now a matter for the Health Service Executive. I am also unaware of the reports referred to by the Deputy that the society must raise 30% of all funding themselves.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

John Cregan

Question:

124 Deputy John Cregan asked the Minister for Health and Children the position regarding the dispute with dentists on provision of services to medical card holders; if data on the number of dentists who have withdrawn services are available; the basis of the dispute; if there is a considerable difference in fees paid by the Department of Social and Family Affairs and her Department; if emergency services will be made available to medical card holders who require same; and if she will make a statement on the matter. [18364/07]

The Dental Treatment Service Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE). The DTSS Review Group was established in May 2006 to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the Health Service Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr Finbar Flood.

Since the Group was established, a legal issue has arisen with regard to the Competition Act 2002 as it relates to the negotiation of professional fees. It would be incorrect to state that there is a dispute with dentists generally in the scheme. The issues involved are complex and my officials are working with the Attorney General's office to clarify the way forward. The existing contractual arrangements with private dental practitioners under the DTSS for provision of dental services to eligible patients remain in place although I am aware that some dentists have indicated that they wish to resign from this scheme.

It should be noted that dentists withdrawing from the scheme are obliged to work a three months notice period. To date, 75 of those dentists who have indicated they will withdraw from the DTSS have actually done so; the total number of dentists in the DTSS is 1,198. It should also be noted that the Primary Care Reimbursement Service of the HSE (formerly the GMS) has not noticed any significant decrease in either the number of claims or the amounts paid to dentists under the DTSS. I am informed by the HSE that they are continuing to monitor service levels and have not arrived at a stage where they have to institute emergency services.

It is difficult to make a comparison between fee payments made under the schemes as there is a difference in the overall fees paid under the DTSS and the DTBS. This is due to the top up fee paid by patients under the DTBS. Also, the fees paid by patients under the DTBS can also vary depending on geographic location.

Infectious Diseases.

John Cregan

Question:

125 Deputy John Cregan asked the Minister for Health and Children the situation regarding MRSA; if it is a notifiable disease; if data are available regarding the numbers who contracted MRSA or who died from same; the process or procedure available to relatives of people affected in relation to information, the right to be informed and so on; and if she will make a statement on the matter. [18365/07]

MRSA is not a notifiable disease but the Health Protection Surveillance Centre of the HSE collects data on MRSA. The data is collected on the first episode of blood stream infection per patient per quarter. This system shows that there were 445 cases in 2002, 480 cases in 2003, 553 cases in 2004, 592 cases in 2005 and 588 cases in 2006. There are no figures available to date in relation to 2007. It is not possible to identify the number of fatalities attributable directly or solely to MRSA as most cases involve significant co-morbidity factors.

I am committed to ensuring that all patients are informed if they have MRSA and earlier this year my Department raised the importance of this issue again with the CEO of the HSE. I might add that a new Coroners Bill was published by the Department of Justice Equality and Law Reform on 20th April last. MRSA is listed as a reportable death for the purposes of this Bill.

Tackling Healthcare Associated Infections (HCAIs) including MRSA is a priority for the Government and for the Health Service Executive (HSE). I share the public concern in relation to MRSA. The HSE has recently launched its "Say No to Infection" action plan and a new HCAI Governance Group was established. This Group will manage the HSE's approach to tackling HCAIs including MRSA and is responsible for reducing infection levels in Ireland's healthcare facilities. The Group is supported by eight Local Implementation Teams to ensure that all local facilities are focussed on achieving the targets set down.

While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken to reduce the rates of infection and to treat them promptly when they occur. The Department of Health and Children will be monitoring and evaluating the progress being made by the HSE in the management of this issue so that patients can be assured that in the future the risk of contracting an infection will be reduced to the minimum level possible.

Health Services.

John Cregan

Question:

126 Deputy John Cregan asked the Minister for Health and Children the situation with regard to withdrawal of chiropodist service from medical card elderly for the past three years; the situation regarding negotiations for return of service; and if she will make a statement on the matter. [18366/07]

There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody services to GMS patients; however in practice arrangements are made to provide these services. Before the establishment of the HSE the nature of the arrangements for chiropody and the level of service provided was a matter for individual health boards and so a degree of variation in practice developed over time. Priority is usually given to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by private chiropodists by arrangement with the HSE.

I consider that it is inappropriate for private chiropodists who are providing services on behalf of the HSE to charge patients a top-up fee, and I have conveyed this view formally to the HSE. My Department requested the HSE to review the fee arrangements in place for the provision of chiropody services, with a view to ensuring that such additional fees will no longer be levied on persons in receipt of this service. While considerable work has taken place to develop arrangements which would ensure that no top-up charges are applied, it is necessary to ensure that any such arrangements and the process by which they are arrived at comply with the terms of the Competition Act 2002. In this context consideration is being given at present to the most appropriate way in which to put in place contractual arrangements for the provision of services by self-employed health professionals.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

Medical Cards.

John Cregan

Question:

127 Deputy John Cregan asked the Minister for Health and Children the situation in relation to the benefits received under a doctor only card and if dental treatment services are available under this as per a full medical card. [18367/07]

The GP visit card was introduced in 2005 as a graduated benefit, with the specific purpose that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their general practitioner. The necessary amendments to the Health Act 1970 were enacted by way of the Health (Amendment) Act 2005. The income guidelines used by the HSE to assess applications for GP visit cards are 50% higher than those used in assessing applications for medical cards. As of 1st June 2007, 68,208 persons held a GP visit card.

The range of general practitioner services available to holders of a GP visit card is the same as is available to persons who hold a medical card. In all other respects holders of a GP visit card have limited eligibility for health services and as such do not qualify for services under the Dental Treatment Services Scheme.

Bernard J. Durkan

Question:

128 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason a medical card has not issued in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [18378/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Hospital Services.

Willie Penrose

Question:

129 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to ensure that a person (details supplied) in County Westmeath is admitted to Holles Street Hospital; if an alternative appointment will be given to the person; and if she will make a statement on the matter. [18385/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 130 answered with QuestionNo. 100.
Question No. 131 answered with QuestionNo. 103.

Hospital Accommodation.

Bernard J. Durkan

Question:

132 Deputy Bernard J. Durkan asked the Minister for Health and Children the position in regard to co-location; if discussions have been finalised and contracts signed in all cases; the full list of hospitals or other institutions expected to be affected by the proposal; and if she will make a statement on the matter. [17620/07]

Caoimhghín Ó Caoláin

Question:

133 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of tenders accepted by the Health Service Executive since the dissolution of the 29th Dáil, for private for-profit hospitals to be located on public hospital lands; the number of beds planned in each of the private hospitals; and if she will make a statement on the matter. [17451/07]

I propose to take Questions Nos. 133 and 132 together.

The Health Service Executive (HSE) issued Invitations to Tender for St James, Beaumont, Cork, Limerick, Waterford and Sligo issued on 19th April 2007 in respect of the co-location initiative. The bids for the six sites were returned on 17 May 2007. It is expected that the HSE will appoint the successful bidders following HSE Board approval at the beginning of July. The Invitation to Tender for Connolly Hospital, Blanchardstown issued on 11th June 2007. The Board of Tallaght Hospital agreed, on 22nd June, to continue its participation in the initiative.

Enda Kenny

Question:

134 Deputy Enda Kenny asked the Minister for Health and Children if she will conduct an urgent debate in respect of the public and private ownership of hospitals; and if she will make a statement on the matter. [17705/07]

Dinny McGinley

Question:

139 Deputy Dinny McGinley asked the Minister for Health and Children her views on whether proposals to change public policy on such a scale, such as that suggested under the plan for hospital co-location, should be subject to rigorous analysis and debate; when this analysis and debate will take place; and if she will make a statement on the matter. [17695/07]

I propose to take Questions Nos. 134 and 139 together.

The co-location initiative has been the subject of lengthy debates in the House this week, both during Private Members Time and yesterday's Question Time. I believe that it has been demonstrated, beyond all doubt, that co-location will deliver huge benefits for public patients. Co-location is essentially about improving access for public patients to beds in public hospitals which are currently used by private patients. It will make available 1,000 beds for public patients faster and more cost effectively than traditional means. The result will be better access to acute hospital services for public patients.

In relation to the question of hospital ownership, I would point out that many of our major hospitals, particularly in Dublin, are privately owned rather than State-owned institutions. In my experience, patients who are sick and in need of hospital treatment are not unduly concerned about whether the hospital that can best provide that care is publicly or privately owned. What is of far more concern is the quality of treatment available and how quickly he or she can access it. My objectives are to ensure timely access for patients and high quality services and I believe that co-location will assist in achieving those objectives.

Questions Nos. 135 and 136 answered with Question No. 103.

Hospitals Building Programme.

John O'Mahony

Question:

137 Deputy John O’Mahony asked the Minister for Health and Children if a formal audit will be conducted on the co-location project with published results; and if she will make a statement on the matter. [17669/07]

The Programme for Government contains a commitment to carry out an independent review of the co-location initiative following completion of the current programme. My Department will make the necessary arrangements to commission such a review in due course.

Paul Connaughton

Question:

138 Deputy Paul Connaughton asked the Minister for Health and Children the reason tender documents for co-location have not been issued to Connolly Hospital in Blanchardstown; and if she will make a statement on the matter. [17685/07]

My Department has been informed by the Health Service Executive that Invitation to Tender documents for the co-location of a private hospital on the site of Connolly Hospital, Blanchardstown issued on 11th June 2007.

Question No. 139 answered with QuestionNo. 134.

Road Safety.

Shane McEntee

Question:

140 Deputy Shane McEntee asked the Minister for Transport and the Marine when the National Road Safety Strategy 2007 to 2011 will be published. [18279/07]

The Road Safety Authority (RSA) is responsible for developing a new Road Safety Strategy for the period 2007-2011. They went out to public consultation in October last year and received a substantial number of suggestions and proposals as a result of this process.

The RSA also engaged in a process of direct consultation with key stakeholders in December 2006. The volume of submissions received from these processes were examined by the Authority who are now working towards the finalisation of the new Strategy.

When the new Road Safety Strategy is received my officials and I shall examine the document. Discussions may then take place with the RSA with regard to any changes or revisions that are considered appropriate. I will bring the final document to Government for approval as soon as possible thereafter.

Railway Stations.

Bernard J. Durkan

Question:

141 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine the extent to which it is intended to increase car parking facilities at each of the rail stations throughout County Kildare; and if he will make a statement on the matter. [18331/07]

Bernard J. Durkan

Question:

142 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine the extent to which the optimum requirement in terms of car parking space has been identified in respect of each rail station throughout County Kildare; the extent to which this is expected to meet the needs of commuters in the future; his intentions to substantially increase the parking facilities; and if he will make a statement on the matter. [18332/07]

Bernard J. Durkan

Question:

143 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine if he has been in touch with Kildare County Council and Iarnród Éireann with a view to providing adequate car parking at all towns throughout the county, with particular reference to meeting the parking requirements adjacent to commuter rail stations; and if he will make a statement on the matter. [18333/07]

I propose to take Questions Nos. 141 to 143, inclusive, together.

While the selection of particular stations for the development and the extension of car park facilities is a matter for Iarnród Éireann and the local authority in the first instance, my Department has approved investment in park and ride facilities at Iarnród Éireann rail stations totalling €10.915 million, including the stations at Newbridge and Leixlip-Louisabridge. These improvement works will increase the total car parking available at rail stations by over 1,600 spaces.

The cost of feasibility studies by Irish Rail on a car park expansion programme are also being funded by my Department. When these studies are completed, I expect that my Department will discuss their findings and the further development of park and ride at railway stations with Irish Rail.

In addition, car park provision will form part of major new railway infrastructure works such as the Kildare Route Project and the Navan Rail Link.

Question No. 144 answered with QuestionNo. 57.

Regional Airports.

Bernard J. Durkan

Question:

145 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine his intended future role for the regional airports; the degree to which these are expected to be utilised having regard to the future plans for Dublin, Cork and Shannon; and if he will make a statement on the matter. [18337/07]

The six regional airports discharge an important function within the national transport network by providing air transport access for their respective catchment areas, thereby boosting the potential for attracting inward investment and tourism business. Their activities complement the facilities provided by the State airports and help to ensure that the economic and social benefits of air transport are shared as widely as possible throughout the country.

The regional airports are currently pursuing a developmental strategy aimed at winning increased traffic levels. In order to facilitate their efforts in line with the Government's policy of encouraging balanced regional development within the framework of the National Spatial Strategy 2002-2020, my predecessor announced on 21st February last a programme of capital grants for these airports under Transport 21 and the new National Development Plan. The programme provides for grants amounting to €86 million in support of a total investment of €106 million in additional safety and security features and expanded capacity at the regional airports and I look forward to the rollout of the new facilities over the next three years.

Search and Rescue Service.

Bernard J. Durkan

Question:

146 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine if strengthening or upgrading of the air and sea rescue services is required; and if he will make a statement on the matter. [18338/07]

The Irish Coast Guard of my Department manages Ireland's air/sea rescue services and I am satisfied that the arrangements in place compare favourably with best international practice. The Coast Guard co-ordinates air and sea search and rescue operations, including those services provided by charitable and voluntary organisations. It also ensures that appropriate personnel, training, equipment and facilities are in place among its many declared resources. Coast Guard Rescue Co-ordination Centres at Dublin, Malin Head and Valentia, and a nation-wide communications network are positioned and equipped to receive distress calls and co-ordinate response to incidents around the coastline and sea areas. The air and sea rescue services are kept under constant review with the object of improving and enhancing the efficiency of the systems in place.

Public Transport.

Bernard J. Durkan

Question:

147 Deputy Bernard J. Durkan asked the Minister for Transport and the Marine if he is satisfied that the proposals contained in Transport 21 are achievable within cost and time frame targets; and if he will make a statement on the matter. [18340/07]

Excellent and tangible progress is being made on the implementation of Transport 21 within the available capital envelope. In 2006, 14 national road projects were completed and 11 started. In 2007, the NRA is on target to complete 9 projects and to commence 7 projects.

The momentum is also building on the implementation of the public transport programme. 183 diesel railcards will be put in service between now and 2009. Work has started on a number of important projects, including the Kildare rail upgrade, the Western Rail Corridor and the Cherrywood and Docklands Luas extensions. A railway order is in force for the Midleton rail project and work will start later this year. Funding has been provided to Dublin Bus for 100 additional and 100 replacement buses and to Bus Eireann for 69 additional and 166 replacement buses. Preferred alignments have been selected for Metro North, the Luas line from Cherrywood to the Bray area and the Citywest Luas extension. Planning is proceeding on a range of other projects.

Approval has been given for capital grants totalling €86 million for the country's six regional airports. Implementation of the programme is being monitored by the inter-Departmental Transport 21 Monitoring Group which reports to Government and publishes an annual progress report. Copies of the first annual report and of my Department's monthly progress reports can be found on the dedicated website www.transport21.ie.

Road Traffic Offences.

John Cregan

Question:

148 Deputy John Cregan asked the Minister for Transport and the Marine the situation in relation to traffic breaking the rules at traffic signals; if any traffic signals are set up with cameras to catch such law breakers; if any existing camera system by other agencies could be used; his views on same; and if he will set up some pilot projects to check their performance. [18374/07]

Road traffic offences committed by road users such as non-compliance with traffic lights, which is often referred to as ‘red light running', are enforced by the Garda Síochána. The Gardaí have power to gather evidence of the commission of such offences through the use of cameras or other such technology.

Dublin City Council set up a traffic camera at a specific junction on a pilot basis some years ago to gauge the instances of red light running and, the impact on traffic movements at that location. This test camera operation was used for data gathering purposes as opposed to enforcement purposes.

To date, the use of cameras by the Garda Síochána to gather evidence of the commission of road traffic offences has been confined mainly to the detection of speeding offences. However, the use of traffic cameras or similar equipment to gather evidence to enforce a range of other road traffic offences is permitted under section 21 of the Road Traffic Act 2002, as amended under section 15 of the Road Traffic Act 2004. The scope of this section was expanded recently under section 17 of the Road Traffic Act 2006 to include that camera evidence could be used in the prosecution of "bridge strike" offences. The decision to use camera equipment to obtain evidence of the commission of offences is an operational matter for the Garda Síochána.

Rail Network.

Kieran O'Donnell

Question:

149 Deputy Kieran O’Donnell asked the Minister for Transport and the Marine the position with regard to the proposed Shannon to Limerick rail link; and if he will make a statement on the matter. [18388/07]

Iarnród Éireann commenced last year a feasibility study into a rail link to Shannon Airport. The company engaged consultants to undertake this work and a steering group, which included a wide range of local interests, was established to oversee the study.

A report is now with the Steering Group for consideration. Subject to the final views of the Steering Group, it will be a matter for Iarnród Éireann to consider the report in the first instance. It should be noted that this project is not included as part of Transport 21.

International Agreements.

Aengus Ó Snodaigh

Question:

150 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs the meetings that have been held recently to discuss the EU sanctions against Cuba; if Ireland has participated in those meetings; Ireland’s position in relation to EU sanctions against Cuba; if that position represents a change in policy; if Ireland’s position regarding EU sanctions has changed; the basis on which the decision to change that policy was made; and if he will make a statement on the matter. [18231/07]

There has been no change in our policy towards Cuba. The European Union's 1996 Common Position on Cuba remains the basis of both the European Union's and Ireland's approach to relations with that country. The overriding objective of Ireland and our European Union partners in our relations with Cuba is to encourage, but not to enforce by external coercion, a process of transition to pluralist democracy and respect for human rights and fundamental freedoms.

The diplomatic measures to which the Deputy refers were adopted by the European Union on 5 June 2003 in response to a deterioration in the human rights situation in Cuba, and include inter alia the limiting of bilateral high-level Governmental visits. In January 2005, these measures were temporarily suspended, and remain so to the present day.

In the lead-up to the annual re-evaluation of the Common Position at the General Affairs and External Relations Council on 18 June 2007, the European Union's position was subject to review at Working Group meetings, at which Ireland was represented. I participated in the General Affairs and External Relations Council on 18 June which considered this review.

The Council's Conclusions deplored the fact that the human rights situation in Cuba has not fundamentally changed, and noted that the Cuban Government continues to deny its citizens internationally recognised civil, political and economic rights and freedoms. The Council's Conclusions recognised the right of Cuban citizens to decide independently about their future.

While the European Union will continue to pursue its dialogue with Cuba's civil society and to offer to all sectors of society practical support towards peaceful change in Cuba, the Council also emphasised the Union's willingness to resume a comprehensive and open political dialogue with the Cuban authorities on all areas of mutual interest. In order to sound out the potential for such a dialogue, which should take place on a reciprocal and non-discriminatory basis, the Council decided to invite a Cuban delegation to Brussels.

I support the balanced approach adopted in the Council's Conclusions, which is in accordance with the principles of the Common Position. And I welcome, in particular, the decision taken to invite a Cuban delegation to Brussels in the interest of establishing an open political dialogue with the Cuban authorities.

Human Rights Issues.

Seán Ó Fearghaíl

Question:

151 Deputy Seán Ó Fearghaíl asked the Minister for Foreign Affairs the latest initiatives taken by himself and his EU colleagues to secure the release of Nobel Laureate Aung San Suu Kyi; and if he will make a statement on the matter. [18397/07]

I deeply regret the decision of the Burmese regime to renew the detention order on Aung San Suu Kyi for a further year on 26 May. I would again urgently call on the Burmese government to immediately rescind this order and to release all political detainees. This would be an important and significant step towards the regime's professed gaol of a return to civilian democratic government in Burma.

Ireland and our EU partners apply a range of sanctions and restrictive measures to Burma, referred to as the EU Common Position. In renewing the Common Position in April, the Council adopted Conclusions clearly stating the EU's deep concern on the lack of progress in the promised transition towards a legitimate civilian government, and calling for the early release of all political prisoners and an end to the military campaign against civilians in conflict areas. We also expressed our concerns about serious violations of human rights, restrictions on domestic human rights organisations and international human rights institutions by the government of Burma. Ireland played a leading role in preparing the draft Conclusions and in gaining agreement for their adoption.

Ireland and the EU continue to raise the issue of the situation in Burma in all relevant fora, and to work closely with partners to effectively engage international organisations in addressing the situation in that country.

Then Minister of State Noel Treacy raised the continued detention of Aung San Suu Kyi at the EU-ASEAN Foreign Ministers' Meeting in Nuremburg on 14-15 March, as well as directly with the Foreign Minister of Burma in a bilateral discussion. Ireland joined EU partners at the ASEM Foreign Ministers' Meeting in Hamburg on 28-29 May, in the presence of the Burmese Foreign Minister, in forcefully condemning the decision to renew the detention order on Aung San Suu Kyi . EU Ministers at both meetings called for a lifting of restrictions on political parties and the early release of all those under detention.

With EU partners, I strongly support the use of the UN Secretary General's good offices to bring about peaceful political change in Burma. I welcome UNSG Ban Ki-moon's appointment on 22 May of Ibraham Gambari as his Special Adviser on Burma. I hope the Burmese government will cooperate with the Secretary General's good offices mission to make tangible progress on the protection of human rights in that country.

Departmental Offices.

John Cregan

Question:

152 Deputy John Cregan asked the Minister for Enterprise, Trade and Employment the position regarding the location of Enterprise Ireland offices and the proposed move to East Point; the reason for the thinking behind this suggestion; if staff agreement has been achieved; and if he will make a statement on the matter. [18352/07]

It has been a key strategic objective for Enterprise Ireland (EI) to bring all Dublin based staff together in one location since the Agency was established in 1998. The Board of Enterprise Ireland decided that the single site office in the East Point Business Park was the most appropriate from a number of perspectives, including value for money, flexibility, and customer service delivery. In September 2006, following the Board decision, EI signed a normal commercial 25 year lease on the units in East Point. The lease has in-built break clauses and a clause to enable the Agency to sub-let space, if required.

The functions hitherto carried out by Shannon Development in relation to the development of indigenous industry in the Mid-West Region were transferred to EI with effect from 1 January 2007. This transfer of functions also involves the transfer of posts from Shannon Development to EI. Enterprise Ireland is currently establishing its National Regional Development Headquarters in Shannon, which will include establishing the County Enterprise Board Support Unit in Shannon.

EI recently appointed a senior manager as Head of Regions and Entrepreneurship who will guide the transition and establishment of EI presence in the Mid-West Region.

EI has sourced a building in Shannon to accommodate the new functions being located in the Region and the staff transferring from Shannon Development.

Staff in Enterprise Ireland are represented by SIPTU, Amicus Professional and Amicus Technical union group. A key feature of the East Point project was the establishment of the East Point Steering Group, to drive Enterprise Ireland's relocation of Dublin staff to their new office facility. Representatives from SIPTU and the Amicus Professional Group have joined the East Point Steering Group, which also comprises of senior managers and is chaired by the CEO. This partnership forum is responsible for the development of all issues pertaining to the relocation of staff to East Point and following discussions, advice and resolution of these issues, the Group makes recommendations on relevant matters to the Enterprise Ireland Business Committee. The Group has met nine times to date and further meetings are scheduled for the coming weeks.

All EI Staff are updated regularly on the progress of the relocation to East Point and this process of active engagement and communication with staff will continue until the completion of the move. While this is broadly an operational matter for Enterprise Ireland (EI), I understand that EI will vacate the Glasnevin Site in the early part of 2008.

Equal Opportunities Employment.

John Cregan

Question:

153 Deputy John Cregan asked the Minister for Enterprise, Trade and Employment the position in relation to the labour law situation on retirement age; the source of the age 65 limit; if it is still legal; the way it is justified; if it has been legally challenged; and if he will make a statement on the matter. [18353/07]

There is no compulsory retirement age in Irish employment legislation. Generally such legislation defines an employee as "a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment."

I would point out that the upper age limit of 66 years for bringing claims under the Unfair Dismissals Acts 1977 to 2007 was removed by the Equality Act 2004. The effect of this is that a person who is over the age of 66 when dismissed may take a case under the Unfair Dismissals Acts unless he/she has already reached the normal retirement age for that employment, if one exists. Also, the age cap of 66 for statutory redundancy was removed by the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 that was enacted last month.

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 removed the compulsory retirement age for new entrants to the public service, with the exception of certain posts in the Permanent Defence Force, the Garda Síochána, the Prison Service and the Fire Service.

The Employment Equality Acts 1998 to 2007, administered by the Department of Justice, Equality and Law Reform, protect against discrimination on the ground of age and on other grounds, in relation to access to employment. However, the Acts also permit an employer to decide on a retirement age, which may be above or below 65 years of age in a particular employment. The purpose of such provisions is to give

Flexibility to employers and employees, having due regard to the nature of the work being performed. Any proposed change to the normal retirement age should first be negotiated between employee and employer.

I understand that various cases have been taken by employees to the employment rights and equality adjudicating bodies regarding retirement age over the years.

Job Losses.

John Cregan

Question:

154 Deputy John Cregan asked the Minister for Enterprise, Trade and Employment the situation in relation to the number of experienced tradesmen currently or recently made redundant as a result of more competitive foreign labour; if the particular trades can be itemised and the number of each category shown; if strategy or plans to use the experience of these people can be outlined; and if he will make a statement on the matter. [18354/07]

The number of redundancies in the building and civil engineering sector in 2006 was 2,126. It is not possible to break this figure down further into particular trades. However, these redundancies were outweighed by the number of new jobs created in the construction sector so that the net number of additional jobs created in the construction sector in the year to the first quarter of 2007 was 28,300.

I would point out that the full range of services provided by FÁS is available to all unemployed people and, in particular, FÁS provides an integrated support service for people being made redundant. This involves information sessions, skills analysis, training/retraining courses and job placement. In the delivery of these services, FÁS liaises with other relevant agencies such as Enterprise Ireland, IDA Ireland, the City/County Enterprise Boards and the Department of Social and Family Affairs.

I would also point out that the problem concerning the alleged exceptional collective redundancy situations was addressed in Section 18.1 of the Social Partnership Agreement "Towards 2016" which states that "the opening of the Irish labour market arising from the decision to permit direct access by citizens of the new EU Member States has given rise to concerns about the possibility of the collective compulsory replacement of workers by lower paid workers from these States or elsewhere, either directly or through the use of other replacement workers within the jurisdiction".

To address this problem, Section 18.3 provides a mechanism for the setting up of a Redundancy Panel whereby employee representatives can request the Minister for Enterprise, Trade and Employment to ask the Labour Court for an Opinion as to whether or not the proposed collective redundancy dismissals are in fact genuine.

This provision was given legislative effect on 8th May, 2007 when the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 was passed. In addition to providing for the setting up of the Panel, this Act also provides for situations where dismissals take place contrary to an Opinion of the Labour Court, with particular reference to redundancy rebate entitlements, tax treatment of redundancy payments as well as consideration of Unfair Dismissal entitlements in such situations, and for penalties and appeals.

Company Closures.

Willie Penrose

Question:

155 Deputy Willie Penrose asked the Minister for Enterprise, Trade and Employment the position in relation to redundancy payments, and in particular, where a person has served approximately 25 years with a company, despite the fact that they would have been over 66 years of age upon termination of their employment; if, in that instance, they would be due an entitlement to redundancy; and if he will make a statement on the matter. [18384/07]

In accordance with Section 4 of the Redundancy Payments Act 1967 as amended by Section 15 of the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 employees who are being made redundant with a date of termination on or after the 8th May 2007 are now entitled to receive a statutory redundancy lump sum payment based on their service in the employment and regardless of whether or not they have attained the age of 66 years.

Arts Funding.

Bobby Aylward

Question:

156 Deputy Bobby Aylward asked the Minister for Arts, Sport and Tourism the progress to date on the application for funding under Access II for a project (details supplied) in County Kilkenny. [18200/07]

Under the Arts and Culture Capital Enhancement Support Scheme (ACCESS II) some 155 applications were received seeking funding of over €200m. This demand greatly exceeded the funding of €32m available for disbursement under this round of the scheme. An independent Selection Committee was appointed to evaluate all the applications received under the ACCESS II scheme.

On this occasion this project was not included in the list of successful applicants. The application will be retained on file and will be considered further should additional funding become available.

Child Support.

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if the back to school clothing and footwear allowance is payable in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18330/07]

The back-to-school clothing and footwear allowance (BSCFA) is administered on my behalf by the Community Welfare division of the Health Service Executive (HSE).

The Dublin/Mid-Leinster Area of the HSE has advised that it has no record of an application for BSCFA from the person concerned. If she wishes to apply, she should contact the Community Welfare Officer at her local health centre as soon as possible to enable her entitlement to an allowance to be determined.

Social Welfare Benefits.

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when mortgage assistance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18381/07]

The supplementary welfare allowance scheme which includes rent and mortgage interest supplements is administered on my behalf by the Community Welfare division of the Health Service Executive.

A mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence.

The Executive have advised that the person concerned applied for a mortgage interest supplement but that the information supplied was insufficient to process the application. The Executive has further advised that it has contacted the person concerned and advised her of the additional information needed to process her application. On receipt of this her application will be processed and the Executive will notify her of the position.

Tony Gregory

Question:

159 Deputy Tony Gregory asked the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 7 was refused a back to work allowance; if this decision will be reviewed; and if he will make a statement on the matter. [18383/07]

The back to work allowance scheme is part of my Department's programme of initiatives designed to assist long term unemployed people, lone parents and other social welfare recipients to return to the active labour force. The allowance provides a monetary incentive designed to make return to work financially attractive and viable. It is not intended that back to work allowance be paid in all cases where a person takes up employment. It is designed to support people who would not otherwise be able to return to the workforce for financial reasons.

Applications should be made in advance of taking up employment. This allows my Department to determine the eligibility of the applicant before they re-enter the workforce. This condition is clearly stated on the information leaflet which accompanies the application form.

The person concerned commenced employment on 19 July 2005. Her application for the back to work allowance was received in my Department on 22 February 2006, over seven months later. The allowance was refused on the grounds that the application was late. In effect, the person in question had demonstrated that they were outside the intended target group for the scheme. Following a request from the applicant the decision was reviewed. It was decided that the original decision not to grant the allowance should be upheld. The applicant was informed of this on 15 March 2006.

Willie Penrose

Question:

160 Deputy Willie Penrose asked the Minister for Social and Family Affairs the position in relation to a person who is in receipt of a pre-retirement allowance and whose spouse takes up employment; if their spouses employment status would impact upon their payments; and if he will make a statement on the matter. [18386/07]

Pre-retirement allowance is a means tested payment. A person whose spouse/partner takes up insurable employment with an employer will be assessed with the spouse/partner's earnings less deductions for Income Tax, PRSI, Superannuation, Trade Union subscriptions and Health Insurance premiums.

If the spouse/partner works 3 days or less a week, a disregard of €50 plus travel allowance, where appropriate, is allowed. If s/he works 4 days or more, a total disregard of €100 is allowed. This includes the travel allowance. The customer will be assessed with half of the means of the spouse/partner.

If the spouse/partner becomes self-employed, gross earnings are assessed, less expenses necessarily incurred in running the business. The disregards that apply to a person working for an employer do not apply to a person in self employment.

If the spouse/partner were to take up seasonal employment the seasonal earnings would be assessed during the working season only. When the seasonal work ends, the means derived from seasonal earnings are no longer assessed.

Forestry Sector.

Michael Ring

Question:

161 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the action being taken in relation to the felling of trees (details supplied) in County Mayo; and if she will make a statement on the matter. [18172/07]

Michael Ring

Question:

172 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a matter (details supplied) first came to the attention of her Department; and the action that has been taken since that date. [18400/07]

I propose to take Questions Nos. 161 and 172 together.

Following an inspection of this case by the Forestry Inspectorate of my Department in February of this year, it was recommended by the Inspectorate that prosecution be pursued under the Forestry Act, 1946 as the felling took place without a Licence.

The decision to prosecute in this case was taken on the 24th May and the papers were transmitted to the Legal Division of my Department to prepare the necessary briefing and summonses for the Chief States Solicitors Office, with a view to initiating proceedings.

It is a matter for that Office as to if and when summonses are to be issued under the 1946 Forestry Act the State has 12 months from the date of the offence to institute legal proceedings in such cases.

Grant Payments.

Phil Hogan

Question:

162 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when a single farm payment will be awarded to a person (details supplied); and if she will make a statement on the matter. [18213/07]

The position is that an application for the Transfer of Entitlements under the 2006 Single Payment Scheme to the person named was submitted on the 3rd November 2006. The application was accepted even though the closing date for receipt of completed applications to transfer entitlements was the 16th May 2006.

During processing of the Transfer application, it was necessary for an official of my Department to seek clarification on certain matters relating to the application. The requested information was received and the transfer of 88.52 Standard Entitlements and 6.51 Setaside Entitlements to the above named was fully processed.

The person named also made an application under the Consolidation measure of the Single Payment Scheme. This application was fully processed and payment issued on 12th June 2007.

Foreshore Licences.

Brian O'Shea

Question:

163 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food if she has received applications for a licence to harvest cockles at the Back Strand, Tramore, County Waterford; and if she will make a statement on the matter. [18218/07]

The present position is that there is no additional licensing requirement in place for the harvesting of cockles in addition to the requirement for a Sea Fishing Boat Licence under the Fisheries (Amendment) Act, 2003. Applications for a Sea Fishing Boat licence are a matter for the independent Sea Fishing Boat Licensing Authority.

In relation to the cockle fishery, at present the Waterford cockle fishery is closed to harvesting until 15th July 2007 under the Cockle (Fisheries Management and Conservation) Regulations 2007 for stock assessment purposes and to allow for the development and introduction of a sustainable management plan.

Fishery representatives are, in consultation with Bord Iascaigh Mhara, bringing forward proposals for the sustainable management of the Waterford cockle fishery. While the plan has not yet been finalised, it is not expected that, at this time, it will require the introduction of a secondary licensing requirement for fishing vessels. I hope to be in a position to introduce the new management regime shortly in order to ensure the conservation and sustainable management of the cockle fishery in Waterford.

Drainage Schemes.

John Perry

Question:

164 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if she will provide an application and details in relation to the criteria for the land drainage scheme; and if she will make a statement on the matter. [18219/07]

There is no scheme in place in my Department which provides grant-aid for land drainage.

Grant Payments.

Denis Naughten

Question:

165 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Roscommon who applied two years ago has not received payment from her Department; and if she will make a statement on the matter. [18267/07]

The person named applied to transfer entitlements under the Inheritance Measure of the Single Payment Scheme. However, the application was incomplete and did not contain the documentation required in order for a decision to be made. My Department has been in contact with the person named and the case will be processed without delay as soon as the necessary documents are received in the Inheritance Section of my Department.

Denis Naughten

Question:

166 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 776 of 24 April, 2007, when the applicant will receive an allocation under the national reserve; and if she will make a statement on the matter. [18268/07]

As indicated in the previous reply to the Deputy the person named submitted an application for an allocation of entitlements from the 2006 Single Payment Scheme National Reserve under Category A.

Category A caters for farmers who inherit, lease or receive land free of charge or for a nominal sum from a farmer who had retired or died by 16 May, 2005 and where the land was leased out by the original owner during the reference period 2000 to 2002. The person named received the land by lease but has been deemed unsuccessful under this category as the term of the lease was less than the required 5 year period.

A letter outlining my Department's decision issued to the person named on 7th June, 2007. If the person named is dissatisfied with my Department's decision in relation to the National Reserve he now has the opportunity to appeal this decision to the Independent Single Payment Appeals Committee. An appeal application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Denis Naughten

Question:

167 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the outstanding payment due to a person (details supplied) in County Roscommon under the 2006 single farm payment application; and if she will make a statement on the matter. [18269/07]

The position is that an application for the Transfer of Entitlements under the 2006 Single Payment Scheme to the person named was submitted on the 15th April 2007. The application was accepted even though the closing date for receipt of completed applications to transfer entitlements was the 16th May 2006.

The application was fully processed and payment in respect of 12.64 entitlements transferred by way of lease issued to the person named on the 29th May 2007. The person named was also an applicant under the 2006 Disadvantaged Areas Scheme and was paid in full on 27 October 2006, in the amount of €2,129.93.

Olwyn Enright

Question:

168 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when a forestry payment will be awarded to a person (details supplied) in County Laois; and if she will make a statement on the matter. [18276/07]

The delay in payment of this file was due to two parties claiming payment on the one plot of land. This has now been rectified. The Forest Service of my Department anticipates that it will be in a position to proceed with the payment shortly.

Denis Naughten

Question:

169 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive approval to transfer single farm payment entitlements; and if she will make a statement on the matter. [18283/07]

The position is that an application for the Transfer of Entitlements under the 2007 Single Payment Scheme from the person named was submitted on the 6th June 2007.

The application is fully processed and letters of approval issued on the 26th June informing the person named that 4.45 entitlements were transferred by way of sale to another farmer.

Live Exports.

Seán Ó Fearghaíl

Question:

170 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Fisheries and Food the status of the live export trade; the number and type of animals exported to date in 2007; the anticipated outcome for 2007; and if she will make a statement on the matter. [18389/07]

Live exports continue to be an important outlet for our cattle and providing an essential element in the overall sector. Following a significant increase over the last few years, these exports have declined somewhat to date in 2007. At the end of May, a total of 42,807 Cattle and 72,821 Calves had been exported from Ireland. On current trends, it is anticipated that this trade, over the full year, will decline by approximately 12% in comparison to 2006.

Grant Payments.

Seán Ó Fearghaíl

Question:

171 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Fisheries and Food the reason for the delay in making a single farm payment to a person (details supplied) in County Kildare; if payments in this case can be expedited; and if she will make a statement on the matter. [18390/07]

I am aware of your ongoing representations in this case.

An official of my Department has been in direct contact with the person named in connection with this case, with a view to having payment issued at an early date.

Question No. 172 answered with QuestionNo. 161.

Higher Education Grants.

Michael Ring

Question:

173 Deputy Michael Ring asked the Minister for Education and Science if she will amend the qualifying guidelines in respect of the special rate top-up maintenance grant in view of the fact that children of people earning less than €20,000 could not get this grant in 2006; if she will raise the guidelines particularly for families that have more than one child in third level education as their refusal for the top up caused immense financial hardship to these families in 2006; if she will raise the guidelines to a more realistic level; and if she will make a statement on the matter. [17837/07]

The process of reviewing the income limits, rates of grant and other aspects of the general criteria of the 2007 Maintenance Grant Schemes is a priority in my Department at present. The criteria to qualify for the Special Rates of Maintenance Grant will be examined as part of this process. Decisions on the 2007 schemes will be announced as soon as the process is completed.

Special Educational Needs.

Bobby Aylward

Question:

174 Deputy Bobby Aylward asked the Minister for Education and Science when permanent recognition will be granted to ABA schools; when funding will be approved for such schools. [18201/07]

The Deputy will be aware that the Programme for Government commits to long term funding for the existing centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable my Department to support them as primary schools for children with autism.

I am pleased to advise the Deputy that, since the launch of the Programme for Government, officials of my Department have met with the advocacy group for the centres concerned to progress the implementation of this commitment.

Youth Services.

Bobby Aylward

Question:

175 Deputy Bobby Aylward asked the Minister for Education and Science the progress to date on the application for funding by an organisation (details supplied) under the 2007 allocations. [18202/07]

The organisation in question receives annual grant-in-aid funding under my Department's Youth Service Grant Scheme. The organisation's 2007 application for funding under this Scheme is under active consideration at present. My Department's Youth Affairs Section will be in touch with the organisation in this regard as soon as possible.

Special Educational Needs.

Bobby Aylward

Question:

176 Deputy Bobby Aylward asked the Minister for Education and Science if she will confirm that funding towards the cost of ABA tuition currently being made by her Department will continue in the new school term of September 2007 for a person (details supplied) in County Kilkenny. [18203/07]

The Deputy will be aware that the home tuition scheme which provides funding to facilitate the provision of education at home for children who, for a number of reasons such as chronic illness, are unable to attend school was extended in recent years to facilitate tuition for children awaiting an educational placement and children with autism requiring early educational intervention.

The child in question is in receipt of funding under the scheme for the current school year. I have requested that the family is sent an application form in respect of home tuition to cover the next school year. In the meantime, if they have not done so already, the parents/guardians of the child should contact the local Special Educational Needs Officer of the National Council for Special Education to ensure that planning may commence for their child's future educational needs. The contact details for all SENOs are available on www.ncse.ie.

School Transport.

Jack Wall

Question:

177 Deputy Jack Wall asked the Minister for Education and Science her views on correspondence (details supplied); the means the persons can use or seek to overcome the problems in relation to transport that they have; the reason, in view of the obvious advantages of having a child in an environment suitable to the child, that changes should be proposed to alter the satisfactory position; and if she will make a statement on the matter. [18212/07]

School transport for children with special educational needs is generally provided to the school nearest to the pupil's residence in which resources can or may already have been allocated to support the child's educational needs.

My Department understands from the Special Education Needs Organiser that the pupil referred to by the Deputy, in the details supplied, is not attending his nearest school which could accommodate him. In these circumstances, it would not be appropriate to provide free transport to another school.

Pupil-Teacher Ratio.

Joe McHugh

Question:

178 Deputy Joe McHugh asked the Minister for Education and Science if she will consider an increase in the allocation of resources to a school (details supplied) in County Donegal due to a projected increase in pupil numbers and an already high pupil/teacher ratio of 35 to 1 in senior infants in the 2007/2008 year. [18220/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30th September 2005 was 182 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 7 mainstream class teachers.

The enrolment in the school on 30th September 2006 was 186 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 7 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on the Department's website. Hard copies of this circular have issued to all primary schools.

Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on the Department's website.

The first meeting of the Appeal Board was held in May, 2007. Further meetings will be held in July and October, 2007. The closing date for receipt of an appeal for the July meeting was 22 June while the closing date for the October meeting is 12 October. The Appeal Board operates independently of the Minister and the Department and its decision is final.

Youth Services.

Thomas P. Broughan

Question:

179 Deputy Thomas P. Broughan asked the Minister for Education and Science if she has recently agreed to proposals for enhanced youth facilities in Dublin north central or Dublin north east; and if she will make a statement on the matter. [18221/07]

I understand that the proposal for enhanced youth facilities refers to the North Coolock area of Dublin. My Department's Youth Affairs Section has not received any new applications for funding in this regard.

My Department provides grant-in-aid funding for a number of youth-work programmes and initiatives designed principally to ensure the provision of non-formal educational opportunities for young people. Such initiatives include the Special Projects for Youth Scheme and the Young People's Facilities and Services Fund. A number of the projects funded under these schemes are located in Dublin North East and Dublin North Central and I am arranging to forward a full list of these projects to the Deputy as soon as possible.

Special Educational Needs.

Michael Ring

Question:

180 Deputy Michael Ring asked the Minister for Education and Science the reason her Department will not agree to the request of persons (details supplied) in County Mayo for home tuition for their child. [18222/07]

Michael Ring

Question:

181 Deputy Michael Ring asked the Minister for Education and Science her plans to educate a child (details supplied) in County Mayo with special needs. [18223/07]

Michael Ring

Question:

182 Deputy Michael Ring asked the Minister for Education and Science if her Department will reimburse persons (details supplied) in County Mayo for expenses incurred in providing private tuition. [18224/07]

I propose to take Questions Nos. 180 to 182, inclusive, together.

I wish to advise the Deputy that the home tuition scheme provides funding to facilitate the provision of education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting an educational placement. As there is an educational placement available to the pupil she does not qualify for tuition under the terms of the scheme.

As the Deputy is aware a specific function of the National Council Special Education, through its network of local Special Educational Needs Organisers (SENOs), is to identify appropriate educational placements for all children with special educational needs. The SENO is a focal point of contact for parents and school and is available to parents to provide support and advice. I understand from my officials that the SENO is currently liaising with the parents to progress the post primary options available to the pupil in question.

Higher Education Grants.

Denis Naughten

Question:

183 Deputy Denis Naughten asked the Minister for Education and Science the reason the higher education grant top up grant threshold does not take into account the fact that a number of siblings may be attending third level even though the HEG itself does factor this into the threshold calculation; if she will review this inequality; and if she will make a statement on the matter. [18225/07]

The Special Rate of Maintenance Grant is available to students in receipt of the ordinary maintenance grant under each of my Department's four maintenance grant schemes, which includes the Higher Education Grant Scheme.

In order to qualify for the special rate of maintenance grant a candidate must meet a number of conditions, including the following:

1.An applicant must qualify for the ordinary maintenance grant.

2.Total reckonable income in the relevant tax year must not exceed the lower income limits as set out in the relevant Maintenance Grant Schemes and, where applicable, net of Child Dependent Increase payments

3.As at the prescribed date — i.e. 31st December each year — the source of income must include one of the eligible long-term Social Welfare payments.

The prescribed income limit for the special rate of maintenance grant for the academic year 2006/2007 was €16,748. The annual review of the student support schemes is currently underway. It is anticipated that the 2007/08 schemes will be available shortly. The review addresses matters such as the increase in reckonable income limits, increase in rates of maintenance grant, revised income threshold for the Special Rates of Maintenance Grant and increases in the 2007/08 special rate of grant.

While the number of dependants is not taken into account for the Special Rates of Maintenance Grant, payments made in respect of dependants, i.e. the Child Dependent Increase, are excluded in the calculation of reckonable income. In addition, the following Social Welfare and Health Service Executive Payments are excluded in the calculation of reckonable income:—

Child Benefit

Family Income Supplement

Disability Allowance (where paid to the candidate)

Blind Pension (where paid to the candidate)

Means Tested One Parent Family Payments

Orphan's Pensions

Back to Education Allowance

Foster Care Allowance

Domiciliary Care Allowance and

Carer's Allowance

It is not proposed to depart from the existing arrangements for the determination of the eligibility threshold.

Special Educational Needs.

Denis Naughten

Question:

184 Deputy Denis Naughten asked the Minister for Education and Science the reason a child (details supplied) along with five other small infant pupils have to share three special needs assistants between them; if she will ensure that adequate special needs assistance is provided to the child in question and to the other pupils; if she will review this inequality; and if she will make a statement on the matter. [18226/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply. I would point out however that it would not be unusual for a special needs assistant to be assigned to more than one pupil depending on the assessed needs of the pupils in question.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

School Accommodation.

Joan Burton

Question:

185 Deputy Joan Burton asked the Minister for Education and Science the position of the proposal to move a school (details supplied) in Dublin 9 to the Oscar Traynor Road in Coolock; when same will take place; and if her Department will provide school transport for families adversely affected by this move. [18227/07]

The Department has always been committed to putting a suitable accommodation solution in place for the school referred to by the Deputy for next September. This is being achieved by the placement of temporary accommodation on a site on the Oscar Traynor Road.

To allow for any unforeseen difficulties with this measure, the Department has advised the school authority to extend its current lease on a short term basis.

Once the school's September needs have been addressed and the conveyancing procedures for the site have been completed, the Department will be moving to provide permanent accommodation on the site for the school.

The school currently has no arrangements in place with School Transport Section for any pupils. Since the site in question will be the school's permanent home, should it need to avail of the service for any of its pupils, the standard school transport criteria, as outlined in the School Transport (primary) Scheme information, would apply. This information is available on the Department's website www.education.ie, school transport link.

Ned O'Keeffe

Question:

186 Deputy Edward O’Keeffe asked the Minister for Education and Science the position regarding the provision of additional classrooms at a national school (details supplied) in County Cork in view of the substantial increase in pupil numbers over the next few years. [18228/07]

Officials in the Department have completed a technical visit of the School in County Cork referred to by the Deputy and are in the process of drawing up a detailed accommodation brief for this project. The project will be considered for progression in the context of the School Building and Modernisation Programme.

Schools Recognition.

Paul Nicholas Gogarty

Question:

187 Deputy Paul Gogarty asked the Minister for Education and Science if she will be providing official recognition to a school (details supplied) in County Clare for September 2007; if she will make such an affirmative decision shortly in view of the fact that their applications have been passed by the new schools advisory committee and that there are deadlines facing both schools in terms of staff appointments for the coming school year; and if she will make a statement on the matter. [18243/07]

On foot of the NSAC recommendations, I announced earlier this year the establishment of 13 new primary schools, from September 2007 in accordance with the provisions of Section 10 of the Education Act 1998 and the published criteria for recognition of new schools. I also indicated that I would, in order to consider further the application from the schools referred to by the Deputy, be prepared to allow these schools further time to find an alternative patron for the proposed national schools. Subsequently an alternative Patron was sought and these applications are currently under consideration.

Special Educational Needs.

Denis Naughten

Question:

188 Deputy Denis Naughten asked the Minister for Education and Science if her attention has been drawn to the fact that a person (details supplied) with Downs syndrome is being denied access to a school due to the lack of adequate provision of special needs assistance; her views on whether this situation is acceptable; the steps which she is taking to address this deficit; and if she will make a statement on the matter. [18256/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNA) to schools to support children with special needs. I understand that the local SENO has sanctioned a full-time SNA to the school to cater for the care needs of the pupil referred to by the Deputy.

Decentralisation Programme.

Denis Naughten

Question:

189 Deputy Denis Naughten asked the Minister for Education and Science when decentralisation of her Department to Athlone will commence; the completion date for this project; and if she will make a statement on the matter. [18266/07]

The relocation of 100 posts in my Department to Athlone will commence when the new office accommodation in Athlone is ready for occupation. This accommodation is under construction at present. The Office of Public Works, which has responsibility for the procurement of office accommodation under the programme of decentralisation, has indicated that the new accommodation in Athlone will be ready for occupation next year.

Schools Building Projects.

Jim O'Keeffe

Question:

190 Deputy Jim O’Keeffe asked the Minister for Education and Science if her attention has been drawn to the fact that her Department accepted an extension need in 2003 at a school (details supplied) in County Cork due to increased enrolment, involving an extension of 610 square meters, and that in spite of further increased numbers the design team has not been approved; and if she will arrange to approve the design team to avoid further delay. [18281/07]

The schedules of accommodation to inform the required building project have been agreed with the school authorities. The next step in the process is the consideration of the project for the appointment of a design team to commence architectural planning process. The building project required to address the long-term accommodation needs of the school will be considered in the context of the School Building and Modernisation Programme.

School Staffing.

Tom Hayes

Question:

191 Deputy Tom Hayes asked the Minister for Education and Science if a decision has been made on an appeal by a school (details supplied) in County Tipperary against a decision to reduce staffing levels at the school for the coming school year. [18293/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to the Department by the Board of Management of the school referred to by the Deputy indicates that the enrolment in the school on 30 September 2005 was 85 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and three mainstream class teachers.

The enrolment in the school on 30 September 2006 was 73 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and two mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department's website. Hard copies of this circular have issued to primary schools.

The school referred to by the Deputy lodged an appeal with the Primary Staffing Appeal Board. This appeal was heard at the Appeal Board meeting on 22 May 2007 and was refused. The Appeal Board operates independently of the Minister and the Department and its decision is final. The Board of Management of the school was notified in writing of the decision of the Appeal Board on 24 May 2007. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operations of the Independent Appeal Board.

Róisín Shortall

Question:

192 Deputy Róisín Shortall asked the Minister for Education and Science if her attention has been drawn to an application from a school (details supplied) in Dublin 11 for a concessionary teaching post in view of the particular class groupings which exist in the school and in view of the fact that this school is included in the DEIS initiative. [18295/07]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30 September 2005 was 401 pupils. In accordance with the staffing schedule (Circular 0023/2006), which is available on the Department's website at www.education.ie, the mainstream staffing in the school for the 2006/07 school year is a Principal and 14 mainstream class teachers.

The enrolment in the school on 30 September 2006 was 377 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on the Department's website at www.education.ie and a hard copy of which has issued to all primary schools, the mainstream staffing in the school for the 2007/08 school year will be a Principal and 14 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on the Department's website. Hard copies of this circular have issued to all primary schools.

Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on my Department's website.

The first meeting of the Appeal Board was held in May 2007. Further meetings will be held in July and October 2007. The closing date for receipt of an appeal for the July meeting was 22 June while the closing date for the October meeting is 12 October. The Appeal Board operates independently of the Minister and the Department and its decision is final. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent Appeal Board.

Special Educational Needs.

Pat Breen

Question:

193 Deputy Pat Breen asked the Minister for Education and Science if a person (details supplied) in County Clare will be facilitated with a computer; and if she will make a statement on the matter. [18297/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. The Council also considers applications for assistive technology. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Schools Building Projects.

John Cregan

Question:

194 Deputy John Cregan asked the Minister for Education and Science the position regarding an application from a school (details supplied) in Dublin 11 for a new school hall; and if she will make a statement on the matter. [18342/07]

I can confirm to the Deputy that the school to which is refers has applied to the Department for large-scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large-scale works and was assigned a band 2 rating. Progress on the project is being considered in the context of the multi-annual School Building and Modernisation Programme.

John Cregan

Question:

195 Deputy John Cregan asked the Minister for Education and Science the position regarding an application for a two room extension to a school (details supplied) in Dublin 9 to include date of request, current phase and time scale for approval; and if she will make a statement on the matter. [18343/07]

I can confirm that the Department is in receipt of an application received in September 2004 for major capital funding from the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large-scale works and was assigned a band 2 rating. Progress on the project is being considered in the context of the multi-annual School Building and Modernisation Programme.

Psychological Service.

John Cregan

Question:

196 Deputy John Cregan asked the Minister for Education and Science the situation in relation to services for children to be assessed for dyslexia; if the process, procedure and waiting lists can be outlined; if assistance or supports are available or can be introduced for parents who arrange for and pay for private assessments; and if she will make a statement on the matter. [18344/07]

All primary and post primary schools have access to psychological assessments either directly through my Department's National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) that is administered by NEPS and full details of which are available on my Department's website.

NEPS does not keep waiting lists for assessments of children but in common with other psychological services encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually.

The introduction of the General Allocation model to primary schools in 2005, schools have an allocation of additional teaching time in order to assess and intervene where necessary with pupils with reading difficulties and/or dyslexia without the need for a psychological educational assessment. In cases where a pupil continues to present with significant difficulties after a number of interventions and reviews, the principal of the pupil's school can prioritise him/her for psychological assessment with the school's allocated NEPS psychologist. Parents of pupils with particular issues in this regard should make contact, in the first instance, with the Principal of the relevant school.

Schools that do not currently have NEPS psychologists assigned to them may avail of the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are available on the Department's website. Through the SCPA the school can have an assessment carried out by a member of the panel of private psychologists approved by NEPS and NEPS will pay the psychologist the fees for this assessment directly. The prioritisation of urgent cases for assessment is a matter for the school principal of the school in the first instance.

Schools Refurbishment.

John Cregan

Question:

197 Deputy John Cregan asked the Minister for Education and Science the situation regarding plans to refurbish a school hall at a school (details supplied) in Dublin 11; the position in relation to asbestos removal; the time scale for full refurbishment; and if she will make a statement on the matter. [18345/07]

The Department is not in receipt of an application for capital funding from the school to which the Deputy refers. It would appear that the scope of works referred to is suitable for consideration under the Summer Works Scheme. Details of the Summer Works Scheme for 2008 were published recently on the Department's website www.education.ie. It is open to the school to decide whether or not is appropriate to apply for capital funding under this Scheme or to submit an application for large-scale capital funding. The application form for large-scale capital funding is also available on the Department’s website. The closing date for the receipt of applications under the Summer Works Scheme is 28 September.

With regard to the issue of asbestos removal, this is being dealt with by the Office of Public Works. The OPW has confirmed to the Department that an asbestos survey has been carried out at the school and that it will be in contact with the school at an early date with a view to removing or otherwise managing any high priority materials.

Capitation Grants.

John Cregan

Question:

198 Deputy John Cregan asked the Minister for Education and Science the capitation fees paid to various types of national schools; his views on the claim by gaelscoileanna that they are treated unfairly vis-a-vis other schools; and if she will make a statement on the matter. [18346/07]

Primary schools' running costs are met by my Department's scheme of capitation grants. These grants are intended to contribute towards the general operating costs of schools which would include heating, lighting, cleaning, insurance, painting, teaching aids and other miscellaneous charges.

The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation grant has been increased from €57.14 per pupil to €163.58 with effect from 1 January 2007. This represents an increase of over 186% in the standard rate of capitation grant since 1997. Furthermore, enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €418 to €805 per pupil.

The standard rate of capitation grant is paid to all primary schools except Gaelscoileanna located outside of Gaeltacht areas which receive an additional €25.39 per pupil over and above the standard rate grant. As these Gaelscoileanna receive this additional funding per pupil, I do not see them as being treated unfairly compared to other schools.

Under the new Programme for Government, we are committed to doubling the standard capitation grant for primary schools over the next five years. Grants to schools for the employment of secretaries and caretakers will also be increased significantly.

Schools Refurbishment.

John Cregan

Question:

199 Deputy John Cregan asked the Minister for Education and Science the position regarding revised plans for refurbishment of a school and assembly hall at schools (details supplied) in Dublin 9 and the time scale for the planning and refurbishment of same. [18347/07]

Proposals for the works to which the Deputy refers were received from the schools in question in the context of an amalgamation negotiation. The amalgamation is not being pursued.

it is open to the school authority to apply for funding for the works concerned under the Summer Works Scheme. Details of the 2008 Scheme were recently published on the Department's website www.education.ie. The closing date for the receipt of completed applications is 28 September.

School Accommodation.

John Cregan

Question:

200 Deputy John Cregan asked the Minister for Education and Science the position regarding a school building for a school (details supplied) in Dublin 11; if it has been purchased or acquired by the State or her Department; if the timescale for such can be outlined; the position regarding the future uses and security of tenure for other users; and if she will make a statement on the matter. [18348/07]

The Department is currently in negotiation around the possibility of acquiring the building to which the Deputy refers. This process is complex involving as it does suitability assessment, valuations, price negotiations and attendant legal formalities. The Department is keenly aware that the issues concerned are commercially sensitive and that it is not a foregone conclusion that the building can or will be acquired.

It would be remiss of it to make any firm plans for the building or to create unrealistic expectations until it is absolutely clear that the acquisition can be made. In the circumstances, the Department will be in contact with the proposed users of the building at the appropriate time.

School Staffing.

John Cregan

Question:

201 Deputy John Cregan asked the Minister for Education and Science the staffing complement in a secondary school (details supplied) in Dublin 9; the pupil teacher ratio in secondary schools; if classes can have up to 28 or 30 for some subjects; and if she will make a statement on the matter. [18349/07]

Teacher allocations for second level schools are approved by my Department on an annual basis in accordance with generally applied rules relating to recognised pupil enrolment. In general a ratio of 18:1 is applied in respect of recognised pupils on established Junior Certificate, Leaving Certificate, repeat Leaving Certificate and Transition Year Programmes and a ratio of 16:1 is applied in respect of recognised pupils on the Leaving Certificate Vocational Programme, Post leaving Cert courses and Leaving Cert Applied. Each school management authority is required to organise its curriculum, teaching time-table and subject options having regard to pupils' needs within the limits of its approved teacher allocation. Significant improvements have been made in the pupil teacher ratio at post primary level in recent years. The ratio has fallen from 16:1 in the 1996/97 school year to 13.2:1 in the 2005/06 school year.

The rules for allocating teaching posts provide that where a school management authority is unable to meet essential curricular commitments, my Department will consider applications for additional short term support. An independent Appeals Committee is available to school authorities who wish to appeal the adequacy of their teacher allocation.

Teaching Qualifications.

John Cregan

Question:

202 Deputy John Cregan asked the Minister for Education and Science the situation in relation to the requirements to be either a national or secondary teacher here; if in relation to Irish citizens working abroad as teachers such experience is taken into account in determining qualifications to teach here; and if she will make a statement on the matter. [18350/07]

The Deputy may be aware that, with effect from 28th March, 2006, the Teaching Council is the designated authority for recognition of qualifications for the regulated profession of primary and secondary teachers.

Persons wishing to be registered as a teacher in this country must apply to the Teaching Council for recognition of their qualifications. If their qualifications are recognised by the Teaching Council then they will be eligible to apply for teaching posts.

School Staffing.

John Cregan

Question:

203 Deputy John Cregan asked the Minister for Education and Science the number of special needs assistants currently employed; and the criteria and ratio of pupils to SNAs with particular reference to a school (details supplied) in Dublin 11. [18351/07]

The school in question is a special school for children with mild general disability (MGLD).

The criteria for the allocation of special needs assistant (SNA) support is set out in Department circulars and has regard to the recommendations of the Report of the Special Education Review Committee 1993. This report recommended that the appointment ratio for special schools catering for children with MGLD would be 1 SNA per 4 classes of 11 pupils which, in this school's case, would result in an allocation of approximately 4 SNA posts.

However, the reality is that in many special schools there are children enrolled who have additional special needs requiring support over and above the ratio recommended by SERC. The National Council for Special Education (NCSE) takes such additional needs into account when allocating resources to schools. In the school in question, there are 14 SNAs currently employed in the school.

Higher Education Grants

Bernard J. Durkan

Question:

204 Deputy Bernard J. Durkan asked the Minister for Education and Science if an educational grant will be awarded to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18379/07]

The decision on eligibility for third level grants and the issue of grant awards is a matter for the relevant local authority or VEC.

My Department contacted Kildare County Council, the awarding body for the student's address, and was advised that an application was not received from the student referred to by the Deputy. In the absence of an application it is not possible to advise on the student's eligibility for grant assistance.

Schools Building Projects.

Seán Ó Fearghaíl

Question:

205 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science the progress that has been made towards the provision of a new primary school on an identified site at Crookstown, County Kildare; and if she will make a statement on the matter. [18391/07]

I am pleased to inform the Deputy that the school to which he refers is included in my announcement of 5th April, 2007 of 56 schools which have been given the go-ahead to commence architectural planning.

The school authority recently attended an information session, held by the Department's Building Unit, which outlined how projects will proceed from here.

Site Acquisitions.

Seán Ó Fearghaíl

Question:

206 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science the progress that has been achieved in acquiring a site for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [18392/07]

The Department has identified a potentially suitable site for the school to which the Deputy refers and officials have entered into negotiations with the owner's agent in the matter.

When a suitable site has been secured, a building project for the school will be considered for progression in the context of the multi-annual School Building and Modernisation Programme.

Schools Building Projects.

Seán Ó Fearghaíl

Question:

207 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science the position in relation to the proposed new community school for Kildare Town; and if she will make a statement on the matter. [18393/07]

Kildare Town Community School is one of six schools that make up the Second Bundle of the Department's current Public Private Partnership Programme. Work on the pre-procurement of this bundle commenced in late 2006 and is on-going. An outline planning application is currently being prepared for the school in question and the educational needs of the school are being finalised. The consultation process, part of the PPP procedure, has commenced for the bundle.

The next steps include completion of the consultation process, preparation of output specifications and the Public Sector Benchmark (PSB) in conjunction with the National Development Finance Agency (NDFA).

Once the pre-procurement is completed the project will be handed over to the NDFA which will be responsible for its procurement.

Seán Ó Fearghaíl

Question:

208 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science the progress that has been achieved towards the delivery of a new post primary school at the Curragh Camp; if agreement has been reached between her Department, County Kildare VEC and the Department of Defence in relation to the site; and if she will make a statement on the matter. [18394/07]

County Kildare VEC, the school authority in this instance, is currently negotiating with the Department of Defence with a view to acquiring a suitable site for the new school. As soon as a site has been acquired progress on the project will be considered in the context of the multi annual School Building and Modernisation Programme.

Special Educational Needs.

Seán Ó Fearghaíl

Question:

209 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science if it will be appropriate for her Department to ensure that specific provision is made in each new primary and second level school for the accommodation of students on the autistic spectrum; and if she will make a statement on the matter. [18395/07]

As the Deputy will be aware the National Council for Special Education (NCSE) was established under the Education for Persons with Special Needs (EPSEN) Act to improve the delivery of education services to persons with special educational needs arising from disabilities with particular emphasis on children.

The NCSE has a key role in the delivery of services and operates through a network of special educational needs organisers (SENOs) who act as a focal point of contact for schools and parents.

The role of the SENO includes the processing of applications from schools to establish special classes for autism. The NCSE will continue to establish classes for children with autism as and where required.

Workplace Accidents.

Jack Wall

Question:

210 Deputy Jack Wall asked the Minister for Defence the mechanism available to a person (details supplied) in County Kildare in relation to an injury received; and if he will make a statement on the matter. [18208/07]

The person in question, a former civilian employee of my Department, reported an alleged accident at work on 6 March 1980. The details available to my Department regarding this matter, which consist of a brief note made in the Accident Book maintained at his former work place, were supplied to the Deputy in a letter dated 9 February 2006. The entry in question in the Accident Book is as follows:

"While going down steps with bucket and brush I slipped and hit the back of my head and right shoulder on concrete causing very severe pain".

I should also explain that when a civilian employee is absent from work due to sick leave, as a result of an accident at work or otherwise, he/she may be entitled to the benefits of the Department's sick pay scheme for civilian employees in addition to any payments that he/she may be entitled to under the Social Welfare Acts. There is no other mechanism available in these cases.

Citizenship Applications.

Ned O'Keeffe

Question:

211 Deputy Edward O’Keeffe asked the Minister for Justice, Equality and Law Reform the procedure persons (details supplied) in County Cork must enter into to become Irish citizens. [18198/07]

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must: be of full age, or by way of exception, be a minor born in the State; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

Should the persons concerned have any further query, the Citizenship Section of my Department operates a telephone helpline on Tuesday and Thursday mornings from 10.00 a.m. to 12.30 p.m. and can be contacted on (01) 6167700 or Lo — Call 1890 551 500. The information can also be accessed on the Department's website www.justice.ie.

Departmental Agencies.

Jack Wall

Question:

212 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform his views in relation to correspondence (details supplied); the funding allocated in Budget 2007 for the groups concerned; his proposals to increase the funding; and if he will make a statement on the matter. [18209/07]

Jack Wall

Question:

213 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform his plans to review the limitations of the COSC office within his Department in view of the concerns expressed by the non-Governmental organisations; if he will meet with a delegation to discuss their concerns as expressed in correspondence (details supplied); and if he will make a statement on the matter. [18210/07]

I propose to take Questions Nos. 212 and 213 together.

The Government is very committed to addressing the closely related problems of domestic violence and violence against women. I am aware that there has been some concern about the remit of the newly established COSC office. I would like to reiterate that as announced on 18 April, 2007, the remit of the office very emphatically includes violence against women. The State/Non-governmental structures already in place to deal with violence against women will continue and will be strongly supported by the new office. Prior to the establishment of the COSC, responsibility for this area within my Department was assigned to Divisions with a wide number of other responsibilities. The appointment of the Executive Director to COSC, raises the profile and the focus on this work within my Department. Responsibility for this area was further dispersed across a number of Government Departments and agencies. For the first time there is now in prospect a dedicated, resourced office at Government level, with the key responsibility to ensure the delivery of a well co-ordinated "whole of Government" response to violence against women and domestic violence.

COSC is to collaborate closely with the service providers who support victims and treat perpetrators. Among its tasks will be to: Work with Government Departments, Agencies and Non Governmental Organisations (NGOs) in the sector to ensure the delivery of a well co-ordinated service to support victims of domestic violence and violence against women; Develop and deliver awareness raising strategies to ensure that victims are aware of the availability of services in their locality and that society is made aware of the extent and impact of behaviours and crimes of domestic violence and violence against women; Develop strategies to address the issue of violence against women and domestic violence in line with best international practice; Further develop standards for service delivery and for training programmes which address domestic violence and violence against women; Put in place strategically based positive actions which work with perpetrators of domestic violence; Provide leadership and support to the National Steering Committee on Violence Against Women (NSC) and its sub-committees; Continue to implement the recommendations of the 1997 Task Force on Violence against Women; Consider and where relevant facilitate the implementation of internationally established best practice throughout the sector; Work with the National Crime Council and external bodies as appropriate to establish a body of research to inform future policy directions for violence against women and domestic violence; and represent Ireland at international fora which have a remit in relation to violence against women and domestic violence.

I am happy to inform the Deputy that the Secretary General and some officials of my Department met with representatives of the non-governmental organisations working in the Violence Against Women sector last week. The recently appointed head of COSC participated in that meeting and yesterday chaired a meeting of National Steering Committee on Violence Against Women (NSC) where she provided further clarity in relation to the remit of COSC. I am informed that the meeting was held in a positive and collaborative atmosphere and that a good foundation has been laid for work into the future.

On the issue of funding, in addition to the relevant criminal justice services, my Department also funds perpetrator programmes and awareness raising campaigns. The budget for these activities has been increased ten-fold over the past five years and €2.185 million has been made available to my Department for 2007. My Department has been allocated €21m under the National Development Plan 2007-2013 specifically for the expansion of our supports to perpetrator programmes and awareness raising initiatives for violence against women. These initiatives complement the Government's existing funding for the care of victims through the health and social services and the NGOs. Funding to front-line services is provided primarily by the Department of Health and Children through the Health Service Executive. I understand that €16.5 million is allocated to the sector in 2007, an increase of over 30% on 2006 levels.

My Department has responsibility for legislative initiatives; for preventative measures, such as intervention programmes for perpetrators of domestic violence; for awareness raising measures aimed at changing society's attitude to domestic violence and violence against women; and for identifying and developing any necessary responses from the civil and criminal justice systems. In this regard my Department has provided funding to Women's Aid of €100,876 since 2002 of which €59,855.94 was provided last year for awareness-raising and research. This work will now be enhanced by the cross-governmental remit of COSC and the development of relationships with key stakeholders in the field of domestic violence and violence against women.

Visa Applications.

Phil Hogan

Question:

214 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made in respect of an application for residency for a person (details supplied); and if he will make a statement on the matter. [18214/07]

The visa application referred to by the Deputy was received in our Dublin Visa Office on 18th June 2007.

Visa applications are processed as speedily as possible having regard to the numbers on hand and the resources available to process them. The application referred to by the Deputy is currently pending examination by a Visa Officer and a decision should be expected in the very near future.

Sexual Offences.

Billy Timmins

Question:

215 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to paedophiles when released from prison who move into an area; if they have to inform Gardaí in the area of their address; if the Gardaí have to inform local people, schools and so on in that area; the law at present; his plans to change the present law; and if he will make a statement on the matter. [18215/07]

Billy Timmins

Question:

216 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to a sex offenders register; the person who keeps same; the person who is responsible for the upkeep; the persons who are entitled to see the register; his plans to change the present law; and if he will make a statement on the matter. [18216/07]

Billy Timmins

Question:

217 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to paedophiles when released from prison who move into an area; if they are monitored by the Gardaí; the restrictions they are under; and if he will make a statement on the matter. [18217/07]

I propose to take Questions Nos. 215 to 217, inclusive, together.

The Sex Offenders Act, 2001 sets out the obligations on persons convicted of a range of sexual offences. A convicted sex offender must notify his/her name(s), date of birth and current home address to the Garda Síochána within seven days of the conviction for the sexual offence concerned or, where the offender is sentenced to imprisonment, from the date of full release from prison.

Thereafter, the offender must notify the Gardaí of any change of name or address within seven days of that change. Notification of any address where the offender spends either as much as seven days or two or more periods amounting to seven days in any twelve month period must also be given to the Gardaí. If the offender intends to leave the State for a period of seven days or more s/he must inform the Gardaí of this fact and the address at which s/he intends to stay and also notify the Gardaí of his/her return. If s/he did not intend to stay away for more than seven days but did, s/he must inform the Gardaí within a further seven days.

The provisions of the Act extend to any sex offenders entering this jurisdiction from abroad who have an obligation to register in their own countries. Section 13 of the Act provides that a person convicted outside the State of an offence that would constitute an offence in this jurisdiction for which the person would be subject to the notification requirements of the Act and who enters the State, must comply with these requirements within seven days.

The Act makes it mandatory for a convicted sex offender to inform their employer or future employer of their conviction if their job entails having unsupervised access to children. The Act also allows for a Chief Superintendent of An Garda Síochána to request the court to make a sex offender order, whereby a sex offender can be prohibited from behaving in a particular way, where such behaviour is perceived by the court as having a potential danger to the welfare of children. It should be noted that Garda clearance is now required for potential employees in a number of occupations which entail access to, or authority over, children.

The Domestic Violence and Sexual Assault Investigation Unit of An Garda Síochána monitor and manage the notification provisions. There are nominated Garda Inspectors in each Garda Division who have responsibility for the monitoring of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Assault Investigation Unit is advised by a relevant authority, such as the Irish Prison Service, the Courts Service or a foreign law enforcement agency, of the impending release or movement of sex offenders into their area this information is immediately passed to the nominated Inspectors, who are advised of information relevant to their Division. Each Inspector employs local resources as they deem necessary to monitor individuals.

Any child protection issues arising are advised to the relevant health services authorities, as provided for under the Children First guidelines. Information is shared by An Garda Síochana with whomever it is deemed appropriate in each case.

There is a very good co-operation in the sharing of information between An Garda Síochána and other law enforcement agencies. Last November a Memorandum of Understanding (MoU) was signed between Ireland and the UK to assist in the sharing of information on sex offenders. The MoU is part of the work undertaken following the Intergovernmental Agreement on North/South Co-operation on Criminal Justice Matters signed on behalf of the Irish and British Governments in July 2005. In addition, under the Agreement, a Registered Sex Offender Advisory Group has been established consisting of representatives of An Garda Síochána, the Police Service of Northern Ireland, my Department and the Northern Ireland Office. As part of its work, this Group evaluates the potential for sharing information, examining the registration criteria in both jurisdictions for sex offenders and identifying areas for further co-operation.

The provisions of the Sex Offenders Act 2001 are kept under constant review in my Department with a view to ensuring the Act is operating in an efficient and effective manner. I am currently reviewing provisions to strengthen the monitoring of registered sex offenders.

The Government recently agreed in principle to the allocation of additional resources to upgrade the monitoring by An Garda Síochána of the movements of sex offenders, especially paedophiles. It also asked the Commissioner to review the resources deployed to this work and report the findings to me. This review is currently underway.

Liquor Licensing Laws.

Thomas P. Broughan

Question:

218 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of prosecutions which have taken place for the sale of alcohol to persons aged under 18 under the Intoxicating Liquor Acts in each of the years since the coming into force of the Intoxicating Liquor Act, 2000 with a breakdown by county, number of prosecutions, number of convictions, number of cases pending, number of cases dismissed or struck out, number of closure orders and number of closure orders under appeal; and if he will make a statement on the matter. [18234/07]

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act, 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006 and for the first quarter of 2007. In addition, it has compiled and published a series of quarterly and annual statistics for the period starting with the first quarter of 2003. I understand that the CSO are examining how the crime statistics published might be expanded and made more comprehensive.

I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Operations.

Thomas P. Broughan

Question:

219 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of on-the-spot fines issued by An Garda Síochána in each of the past 10 years with a breakdown by offence; and if he will make a statement on the matter. [18235/07]

The figures for the number of on-the-spot-fines and Fixed Charge Notices issued by An Garda Síochána are available in the relevant Garda Annual Reports, copies of which are available in the Oireachtas library.

I am informed by the Garda authorities that the Garda Fixed Charge Processing System (FCPS) commenced rollout in 2005. I am also informed that An Garda Síochána issues Fine on the Spot (FOTS) notices on behalf of local authorities in respect of breaches of bye-laws enacted by those local authorities, in particular for litter, drinking in a public place etc. Statistics for such Fines on the Spot are compiled by the appropriate local authority.

Anti-Social Behaviour.

Thomas P. Broughan

Question:

220 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the measures which can be taken and are being taken by An Garda Síochána in the Coolock area to deal with the menace of quad bikes and motor bikes being raced in the enclosed parks in the area; and if he will make a statement on the matter. [18236/07]

I am informed by the Garda authorities that they are aware of public concern at the misuse of the types of vehicles mentioned by the Deputy in certain areas, including public parks, in the Coolock area and that they take a proactive approach in dealing with the matter. When persons are found using such vehicles in breach of legislation appropriate action, as circumstances dictate, is taken.

I am also informed by the Garda authorities that local Garda patrols target areas and public parks where the activities described by the Deputy are likely to be committed, to detect and deter offenders from such activity. Community Gardaí and Garda Mountain Bike Units are utilised to great effect in targeting this type of activity. Gardaí liaise with park wardens and other local authority personnel to address these issues and where appropriate recommend preventative measures. In certain areas specific initiatives have been put in place to target this activity.

I am further informed by the Garda authorities that section 41 of the Road Traffic Act, 1994 provides a power for a member of An Garda Síochána to detain vehicles used in a public place where the driver is too young to hold a driving licence, the vehicle is not insured or the vehicle has not been taxed for three months or more. These powers are fully utilised by the Garda authorities. Current policing policy in the Coolock Garda District is predicated on the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy will continue to be central to the delivery of a policing service to the area.

Garda Strength.

Thomas P. Broughan

Question:

221 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of specialist units currently established within An Garda Síochána; the numerical strength of each unit; when they were set up; the budget for each unit in the past seven years; and if he will make a statement on the matter. [18237/07]

The personnel strength (all ranks) of each Specialist Units in An Garda Síochána as at the 26th June 2007 was as set out hereunder.

Unit

Established

Strength

National Bureau of Criminal Investigation*

1997

164

Garda Bureau of Fraud Investigation

1995

53

Garda National Drug Unit

1995

64

Criminal Assets Bureau**

1996

55

Garda National Immigration Bureau

2000

181

Garda Air Support Unit

1997

23

Garda Water Unit

1966

17

Garda Dog Unit

1960

16

Garda Mounted Unit

1998

15

*These figures include personnel seconded into the Organised Crime Unit, which forms part of the National Bureau of Criminal Investigation.

**The Criminal Assets Bureau is a statutory body which reports through the Commissioner to the Minister for Justice, Equality and Law Reform and the number of staff includes officers from all the agencies in the Bureau.

Garda personnel assigned throughout the Country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

Budget Allocation by Unit

The budgetary allocation for each of these units over the last three years is shown below. Budgetary figures for years prior to this are not available without allocating a disproportionate amount of time to the work involved.

Unit

2004

2005

2006

National Bureau of Criminal Investigations

7,971,964

8,746,628

10,748,853

Garda Bureau of Fraud Investigation

5,170,229

4,983,977

5,032,217

Garda National Drug Unit

4,132,080

4,297,190

5,265,805

Criminal Assets Bureau

5,675,000

5,246,000

5,205,000

Garda National Immigration Bureau

15,977,304

15,685,395

15,969,739

Garda Air Support Unit

2,757,658

2,711,429

6,527,830

Garda Water Unit

766,370

815,355

1,779,323

Garda Dog Unit

1,132,180

1,711,429

1,426,547

Garda Mounted Unit

1,240,140

1,159,613

1,192,661

School Transport.

Paul Nicholas Gogarty

Question:

222 Deputy Paul Gogarty asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties facing buses parking at a school (details supplied) in Dublin 20 as raised by this Deputy in 2006 and that a service to the school from Palmerstown is due to be pulled shortly as a result of a lack of pull-in space and the fact that the driver has no alternative but to park on double yellow lines; his views on requesting that An Garda Síochána do not enforce the law in relation to school buses at this location for a specified period pending the provision of an alternative solution with child safety in mind; and if he will make a statement on the matter. [18244/07]

I am informed by the Garda authorities that the premises referred to is located at a junction of two main roads, with a Dublin Bus stop located on the same stretch of roadway.

Local Garda management is aware of the difficulties experienced by all the stakeholders concerned, including local traffic and pedestrians as well as parents of local schoolchildren. A member of An Garda Síochána is regularly tasked with traffic enforcement at this location to assist in the smooth flow of traffic and ensure pedestrian safety. Arrangements are in place to facilitate school-buses parking at the school.

I am also informed that local Garda management through the School Liaison Programme and in conjunction with the Community Policing Unit will liaise with the parents and Board of Management of the school to ensure that appropriate arrangements are put in place in advance of the new school term.

Residency Permits.

Brendan Howlin

Question:

223 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform when the application for long term residency of a person (details supplied) in County Wexford will be dealt with; and if he will make a statement on the matter. [18282/07]

The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residence from the person referred to by the Deputy was received on 31st July 2006. I understand that applications received in June 2006 are currently being dealt with.

Departmental Correspondence.

Denis Naughten

Question:

224 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will furnish a reply to representations by a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [18284/07]

I am pleased to inform the Deputy that a reply to his representations was issued yesterday — 27 June, 2007.

Visa Applications.

Aengus Ó Snodaigh

Question:

225 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of a visa application for a person (details supplied) in Dublin 20; and when a decision can be expected. [18289/07]

The Immigration Division of my Department has recently written to the person concerned requesting documentation in relation to her immigration status.

The application will be further processed upon receipt of these documents.

Residency Permits.

Aengus Ó Snodaigh

Question:

226 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of an application for long term residency for a person (details supplied) in County Wicklow. [18290/07]

I refer the Deputy to Parliamentary Questions 212 answered on the 12th December 2006 and 177 answered on 6th March 2007.

I am informed by the Immigration Division of my Department that applications received in June 2006 are currently being dealt with.

Tom Hayes

Question:

227 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in County Tipperary who has applied for long term residency. [18291/07]

I refer the Deputy to Parliamentary Question 272 answered on the 27th February 2007. I am informed by the Immigration Division of my Department that applications received in June 2006 are currently being dealt with.

Michael Ring

Question:

228 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application by a person (details supplied) in County Mayo will be approved. [18296/07]

The person concerned arrived in the State on 16 July, 2002 and was given permission to remain until 26 July, 2002. He married an Irish national on 24 July, 2003 and on 28 January, 2004, he made an application for permission to remain in the State based on his marriage to an Irish national. This application was considered and refused. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 18 October, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Garda Operations.

Bernard J. Durkan

Question:

229 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to combat anti-social behaviour throughout County Kildare; and if he will make a statement on the matter. [18318/07]

I attach a high priority to the combating of anti-social behaviour. One of the priorities set for An Garda Síochána under section 20 of the Garda Síochána Act 2005 is addressing anti-social behaviour and behaviour adversely affecting the quality of life of communities, with particular emphasis on alcohol related behaviour. To this end An Garda Síochána are driving forward the establishment of interagency activities against anti-social behaviour, including the deployment of CCTV in urban areas. In addition, they are identifying local public order and anti-social behaviour hot spots and developing responsive actions and plans. The measures outlined in the Programme for Government to tackle anti-social behaviour will be introduced.

I can inform the Deputy that strong provisions are in place to combat anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act, 1994, which modernised the law in this regard. Furthermore, because of concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, provisions were brought forward to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. Part 11 of the Criminal Justice Act, 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children Court. The Garda Juvenile Diversion Programme provides an opportunity to divert juvenile offenders from criminal activity and includes a restorative justice aspect. It operates on a nationwide basis under the supervision and direction of the Garda National Juvenile Office. The Programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution. In the more serious cases, juveniles are placed under the supervision of Garda Juvenile Liaison Officers, who are responsible for administering the Programme at the local level. It has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families.

The Children Act, 2001, which became law in May 2002, gives a statutory basis to the Programme. In addition to the Juvenile Diversion Programme, there are 84 Garda Youth Diversion Projects throughout the country. Garda Youth Diversion Projects are a crime prevention initiative which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. Proposals for new Garda Youth Diversion Projects are currently under consideration by my Department in conjunction with An Garda Síochána. It is intended to establish a further 16 projects before the end of 2007, bringing the total number of projects to 100 nationwide. I expect to make an announcement shortly regarding the locations of the new projects.

In January of this year, a new Garda Youth Diversion Project was announced for Celbridge, Co. Kildare. This project is currently in the early stages of establishment and should be actively running by the end of 2007. A proposal has been received for the establishment of a new Garda Youth Diversion Project in the Curragh, Co. Kildare. This proposal is currently being considered by my Department in conjunction with An Garda Síochána. The Garda Síochána Act 2005 provides for the establishment of a joint policing committee (JPC) in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs. There are currently 22 committees established as part of a pilot project, including one in Athy, Co. Kildare, with a further seven being established. It is intended to establish JPCs in all local authority areas by early 2008. I am convinced that the work of these committees will make a significant contribution to reducing anti-social behaviour.

The Programme for Government provides for an increase in Garda numbers to 15,000 by 2010 and 16,000 by 2012. I am determined that the additional Gardaí being recruited under the current historically high expansion of the Force will be deployed to frontline, visible and effective policing duties. Operation Encounter, which commenced in February, 2002, targets public disorder and anti-social behaviour by specifically targeting offences contrary to the Criminal Justice (Public Order) Act, 1994 and the Intoxicating Liquor Act, 1988, which includes provisions on the sale to and consumption of alcohol by underage persons. Local Garda management within the Carlow/Kildare Division have identified areas subject to such behaviour and have directed additional foot and mobile patrols during such times when such offences are more likely to occur. Current policing policy in the Carlow/Kildare Garda Division is predicated on the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy will continue to be central to the delivery of a policing service to the area.

Citizenship Applications.

Bernard J. Durkan

Question:

230 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected that an application for naturalisation will be valid in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [18319/07]

I am advised that there is no record of any application for naturalisation from the second-named individual referred to in the Deputy's question. In making any such application she should note that the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include -periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996. An application for a certificate of naturalisation from the first person mentioned in the Deputy's Question was received in the Citizenship Section of my Department on 2 December 2002 and I decided to refuse the application. A letter informing the applicant of the reasons for refusal was issued on 17 February 2005. It is open to the individual concerned to lodge a new application at any time. However, in doing so, he should bear in mind the reasons for refusal of his previous application.

Residency Permits.

Bernard J. Durkan

Question:

231 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Dublin; when their stamp four card will be restored; if and when they will qualify for naturalisation; and if he will make a statement on the matter. [18320/07]

The person in question was the subject of a Family Reunification application which was approved in March 2002. Correspondence has recently issued to the legal representative of the person referred to by the Deputy extending his permission to remain in the State. On receipt of this correspondence, the person in question should present himself to the Garda National Immigration Bureau to have the appropriate endorsement placed on his documents and have a Certificate of Registration issued in respect of him. The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State be of good character, have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

Bernard J. Durkan

Question:

232 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended residency will be offered and a green card restored in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [18321/07]

I refer the Deputy to Parliamentary Questions No. 142 of Thursday, 28 September, 2006 and No. 63 of Thursday, 15 June, 2006 and the written replies to those Questions. The position is unchanged.

Refugee Status.

Bernard J. Durkan

Question:

233 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the application for asylum or residency in the case of a person (details supplied) in Dublin 15; if the circumstances surrounding such references have been fully investigated in the context of their appeal; and if he will make a statement on the matter. [18322/07]

I refer the Deputy to Parliamentary Questions Nos. 51 of Thursday, 15th February, 2007, 377 of Wednesday, 31st January, 2007, No. 54 of Thursday, 30th November 2006, No. 187 of Thursday, 1st June 2006 and No. 101 of Thursday, 1st March 2007 and the written replies to those questions. The position remains the same.

Application for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. Should the person or her representative wish to contact the Ministerial Decisions Unit of my Department, they will be in a position to clarify matters further, if required.

Residency Permits.

Bernard J. Durkan

Question:

234 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or future residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18323/07]

Minor children under the age of sixteen who are in the care of non EU national parents who have been granted permission to remain in the State under the IBC/05 scheme, avail of the same permission to remain in the State as that granted to their parents. When such minor children reach sixteen years of age they are obliged to register with the Garda National Immigration Bureau or their local Immigration Officer, in their own right. In order to register, they must first submit an application, in writing, to remain in the State based on being a family dependant of the parent of an Irish born child who has been granted residency under the IBC/05 scheme. The application should be submitted to Irish Born Child Unit, P.O. Box 10003, Dublin 2 and should be accompanied by the applicant's original passport, original long form birth certificate (translated if not in English), two signed passport size photographs and an up to date letter confirming attendance at school/ college.

Visa Applications.

Bernard J. Durkan

Question:

235 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for a visa will be progressed in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [18324/07]

As outlined in my response to Parliamentary Question 650 of 26th June 2007 the person in question made a Family Reunification application in March 2006.This application is under consideration by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 15-18 months to process.

Residency Permits.

Bernard J. Durkan

Question:

236 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to refuse family reunification in the case of a person (details supplied) in Dublin 15; if he will facilitate the completion of family reunification; and if he will make a statement on the matter. [18325/07]

I am informed by the Immigration Division of my Department that the application for Family Reunification for the spouse of the person in question was refused on the 24th May 2007. I understand that this application was refused on the basis that the marriage does not appear to be valid under Irish Law. The applicant was informed that a review would be made on foot of a declaration form the Courts pursuant to Section 29 of the Family Law Act, 1995, to the effect that the marriage in question is entitled to recognition in this jurisdiction.

Bernard J. Durkan

Question:

237 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [18326/07]

The person in question submitted an application for renewal of their permission to remain in the State on the basis of their parentage of an Irish born child under the terms of the IBC/05 scheme, on 8th May, 2007. On 19th June, 2007 the individual concerned furnished a letter of explanation to my Department regarding their lost expired passport and a copy of a Garda report relating to same. These documents are now on file. A request for further documentation was issued by Officials from my Department on 19th June, 2007. The application will be considered further on receipt of the requested documentation.

Citizenship Applications.

Bernard J. Durkan

Question:

238 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [18327/07]

Applications for certificates of naturalisation from the individuals referred to in the Deputy's Question were received in the Citizenship Section of my Department in April 2006. Officials in that Section are currently processing applications received in the latter half of 2004 and have approximately 6,900 applications on hand to be dealt with before those of the persons concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. However, I understand that the individuals concerned are refugees and in accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. It is likely, therefore, that the applications will be submitted to me for a decision by late 2007.

Public Order Offences.

John Cregan

Question:

239 Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the situation following a recent court ruling on begging rules; if he will report on the situation of aggressive begging on city streets by a group (details supplied); if significant complaints have been received; if Garda action is being taken; and if he will make a statement on the matter. [18372/07]

The offences referred to by the Deputy arise under section 3 of the Vagrancy (Ireland) Act 1847 and are subject to a penalty of up to one month's imprisonment. The High Court delivered its judgement recently in the case of Niall Dillon -v- The DPP. That case concerned the constitutionality of the section 3, and the court held that the provision is unconstitutional. The court's written judgement is awaited and will be examined when it becomes available, with a view to deciding on the appropriate response.

The Law Reform Commission in its Report on Vagrancy and Related Offences (LRC11-1985) examined provisions relating to the offence of begging. The Commission's recommendations included proposals for the repeal of the entire Vagrancy Act 1847, section 2 of the Prevention of Cruelty to Children Act 1904 and certain parts of section 4 of the Vagrancy Act 1824. It recommended that new legislative provisions should be introduced, making it an offence to beg (i) in a public place or (ii) from house to house in a manner likely to cause fear or annoyance.

The Commission also recommended that the maximum penalty for this offence be a fine of £100 and/or one month's imprisonment. Its other recommendations pertained to provisions relating to causing or procuring a child to beg (this aspect was addressed in the Children Act 2001) and an offence relating to those collecting for charities under the Street and House to House Collections Act 1962 who obstruct a passerby in a manner likely to cause fear or annoyance. The Commission's recommendations will be among the matters to be considered once the judgement in the Dillon case becomes available. I have requested a Garda report in relation to begging by the group referred to by the Deputy, and I will contact him when the report is to hand.

Traffic Regulations.

John Cregan

Question:

240 Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the situation in relation to traffic breaking the rules at traffic signals; if any traffic signals are set up with cameras to catch such law breakers; if any existing camera system by other agencies could be used; his views on same; and if he will set up some pilot projects to check their performance. [18373/07]

I am informed by the Garda authorities that penalties for breaches of traffic signals are enforced by An Garda Síochána effectively and consistently. Provisional statistics indicate that for the first three months of this year 5,660 Fixed Charge Notices were issued to offenders for driving through red traffic lights and crossing white lines at red traffic lights. Any change in the legislation to allow for cameras to detect offenders who are in breach of traffic signals is a matter for my colleague the Minister for Transport and the Marine.Section 33(2)(c) of the Planning and Development Act 2000 makes provision for persons, including elected representatives, to make submissions or observations on a planning application on payment of the prescribed fee and within the prescribed period. Article 29 of the Planning and Development Regulations 2001 fixed this prescribed fee at €20 and the prescribed period at five weeks beginning on the date of receipt of the planning application by the planning authority. Sub-article (3) states that where a submission or observation is received outside of this period the planning authority shall return both the submission and the fee and notify the person that their submission or observation cannot be considered.

In making a determination on an application, planning authorities are obliged, under section 34 of the Planning and Development Act 2000, to have regard to any written submissions or observations received in respect of the proposed development, in accordance with the relevant regulations.

In relation to the information included in the planning file, section 38 of the Planning and Development Act 2000 provides that certain information must be made available for inspection by the public. Section 38(3) specifically requires that a copy of any submissions or observations in relation to a planning application must be made available for inspection and purchase by members of the public as soon as may be after receipt of the document until a decision is made on the application.

However, in the guidance notes on the 2001 regulations, and in the recently published Development Management Guidelines, my Department has clarified that certain types of enquiry or correspondence by elected members of a local authority in relation to planning cases should not be regarded as the making of a submission or observation within the framework described above. These could, for example, consist of enquiries as to the position regarding a planning application or requests to speed up the processing of an application, or correspondence supporting the application (or a resubmission by an observer) in general terms without elaborating on the grounds

Greenhouse Gas Emissions.

Bernard J. Durkan

Question:

241 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his intentions in regard to the purchase of carbon credits in the future; and if he will make a statement on the matter. [18301/07]

The Programme for Government sets a target of an annual average reduction of 3% in our greenhouse gas emissions. The achievement of this reduction through domestic measures would minimise the need for Government purchases of carbon credits in the future.

The National Climate Change Strategy 2007-2012 includes limited provision for the purchase of Kyoto Units by the State so as to assist compliance with the Kyoto Protocol in the period 2008-2012. The Strategy also sets out an explicit National Policy Framework for this purpose; this will inter alia guide the National Treasury Management Agency (NTMA), which will act as a National Purchasing Agent for the State in the conduct of its role.

The Framework requires that Kyoto Unit purchases on behalf of the State shall be made with the objective of ensuring: that they contribute to the ultimate objective of the United National Framework Convention on Climate Change, which is stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system;

that risk is minimised, particularly in relation to the timely delivery of credits; and

that they represent good value for money.

In purchasing Kyoto Units, the Agency will also be required to ensure that Ireland does not use credits generated from nuclear facilities, and that any surplus Units at the end of the 2008-2012 commitment period can be banked and used in a subsequent period of the Kyoto Protocol or any successor treaty.

To date, my Department has committed to investing €20m in the Multilateral Carbon Credit Fund offered by the European Bank for Reconstruction and Development, and a further €20m in Funds offered by the World Bank. In the case of the World Bank, €10m is committed to the second tranche of the BioCarbon Fund and €10m to the new Carbon Fund for Europe.

The Carbon Fund Act 2007 makes provision for the designation of the National Treasury Management Agency as Purchasing Agent for the State. Further purchases will be a matter for the Agency, having regard to the purchasing framework set out in the National Climate Change Strategy.

Public Service Charges.

David Stanton

Question:

242 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if it was the intention of his Department to levy charges for water on bed and breakfast operations here; if so, the arrangements he suggests putting in place during the non-holiday period; the way he will charge for water in view of the fact that domestic water is also used by bed and breakfast owners; and if he will make a statement on the matter. [18229/07]

Guesthouses are commercial enterprises and, as non-domestic users of water supplies, are required, in accordance with the requirement of the Water Framework Directive and the polluter pays principle, to be charged for water services supplied to them.

Where there is a mixture of domestic and non-domestic use in a premises, an allowance, based on the local authority's reasonable estimation of the domestic element of water consumption in the premises, is used to reduce the overall charge to the consumer.

Local Improvement Schemes.

Dan Neville

Question:

243 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government the criteria applicable to local improvement schemes. [18257/07]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley) Section 81 of the Local Government Act 2001 provides the statutory basis for the Local Improvements Scheme (LIS) and my Department’s Local Improvements Scheme Memorandum, which issued in February 2002, sets out the terms and conditions for the payment of LIS grants. Under the Scheme, grants are provided to County Councils for the construction and improvement of non-public roads which provide access to parcels of land of which at least two are owned or occupied by different persons engaged in separate agricultural activities, or provide access for harvesting purposes for two or more persons, or which will in the opinion of the county council be used by the public.

Housing Grants.

Dan Neville

Question:

244 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government when a thatching grant will be awarded to a person (details supplied) in County Limerick. [18258/07]

A grant of €6,350 was paid in this case on 19 April 2006.

Register of Electors.

Michael Ring

Question:

245 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the amount paid to a local authority (details supplied) in County Mayo in relation to the updating of the register of electors carried out by local authorities in 2006; and if he will make a statement on the matter. [18270/07]

In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register.

In April 2006, a package of measures was introduced to assist local authorities in their work on preparing the 2007/8 Register. These measures included the provision of additional ring-fenced financial resources to support local authorities' own spending in respect of the Register campaign.

Authorities were advised that a contribution of some €6 million was available in this regard; €3 million (€92,000 to Mayo County Council) was paid to authorities in July 2006 and a further €2.1 million (€106,109 to Mayo County Council) was paid to authorities in December 2006. Final claims for funding from authorities (including Mayo County Council) have been received by my Department and remaining payments within the overall allocation of €6 million will be made shortly. A detailed breakdown of expenditure along the lines referred to in the Question is a matter for the authority concerned.

Water and Sewerage Schemes.

Seymour Crawford

Question:

246 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government the number of the 20 year contracts for operational and maintenance that have been signed up between the contractors who built the new filtration systems for group water schemes through the bundle system; the name of the contractors and the schemes that have signed; the steps being taken to sign up the remainder; and if he will make a statement on the matter. [18277/07]

The provision of water treatment facilities through grouped or bundled DBO contracts was originally pilot tested in Monaghan. The DBO approach to the provision of water treatment for water quality deficient group water schemes has now been adopted by 216 group water schemes serving over 39,000 households.

At that time of the introduction of the pilot Project, Operational & Maintenance contracts were generally signed on completion of the Design Build phase of the project. However given the success of the DBO projects and the increased confidence in the process, all group water schemes now involved in bundled projects, sign the Operational & Maintenance Contracts at the outset.

I understand that negotiations are ongoing between the National Federation of Group Water Schemes, on behalf of the small number of group water schemes involved in the bundled DBO Projects and the Service Providers where Operational & Maintenance contracts have yet to be signed.

Details in relation to the group water schemes involved in the bundled DBO projects and the current status of their respective O&M contracts are set out on the following table.

County

Project /Scheme

Service Provider

O&M Contract Signed

Cavan

Cavan East DBO Project

Schemes

Billis/Lavey

Veolia Water Ireland

Yes

Bunnoe

Veolia Water Ireland

Yes

Clifferna

Veolia Water Ireland

Yes

Crosserlough

Veolia Water Ireland

Yes

Dernakesh

Veolia Water Ireland

Yes

Dhuish

Veolia Water Ireland

Yes

Drumkeery

Veolia Water Ireland

Yes

Kill

Veolia Water Ireland

Yes

Mountainlodge

Veolia Water Ireland

Yes

Monaghan

Glasslough /Tyholland

Veolia Water Ireland

Yes

Cavan Sth. West DBO Project

Schemes

Ernevalley

EPS Ltd.

Yes

Lavagh/Ballyheelin

EPS Ltd.

Yes

Crossdoney

EPS Ltd.

Yes

Cavan West DBO Project

Schemes

Ballymagovern

EPS Ltd.

Yes

Corlough

EPS Ltd.

Yes

Currin

EPS Ltd.

Yes

Doobally

EPS Ltd.

Yes

Glangevlin

EPS Ltd.

Yes

Gowlan

EPS Ltd.

Yes

Kildallan

EPS Ltd.

Yes

Milltown

EPS Ltd.

Yes

Clare

Clare GWS DBO Project

Schemes

Dysart/Toonagh

EPS Ltd

Yes

Killone

EPS Ltd

Yes

Kilmaley

EPS Ltd

Yes

Lissycasey

EPS Ltd

Yes

Galway

Galway DBO Bundle No 1.

Schemes

Ardrahan

Treatment Systems Services Ltd.

Yes

Rinn Killeen

Treatment Systems Services Ltd.

Yes

Ballyglass Fiddane

Treatment Systems Services Ltd.

Yes

Lowville

Treatment Systems Services Ltd.

Yes

New Inn

Treatment Systems Services Ltd.

Yes

Cloontaleva

Treatment Systems Services Ltd.

Yes

Tobberowen

Treatment Systems Services Ltd.

Yes

Kiltevna

Treatment Systems Services Ltd.

Yes

Brierfield

Treatment Systems Services Ltd.

Yes

Milltown

Treatment Systems Services Ltd.

Yes

Caherlistrane

Treatment Systems Services Ltd.

Yes

Inismeain

Treatment Systems Services Ltd.

Yes

Cloonluane

Treatment Systems Services Ltd.

Yes

Lettergesh

Treatment Systems Services Ltd.

Yes

Limerick

Limerick DBO Project

Schemes

Baggotstown

EPS Ltd

Yes

Ballinvreena

EPS Ltd

Yes

Ballybricken

EPS Ltd

Yes

Ballyduff

EPS Ltd

Yes

Ballyorgan

EPS Ltd

Yes

Bulgaden

EPS Ltd

Yes

Caherline Newtown

EPS Ltd

Yes

Cappagh

EPS Ltd

Yes

Carnane

EPS Ltd

Yes

Coshma

EPS Ltd

Yes

Croagh Farrandonnelly

EPS Ltd

Yes

Glenroe

EPS Ltd

Yes

Glenstal

EPS Ltd

Yes

Grannagh

EPS Ltd

Yes

Griston

EPS Ltd

Yes

Killeedy

EPS Ltd

Yes

Lough Gur

EPS Ltd

Yes

Kilfinny

EPS Ltd

Yes

Mayo

Mayo DBO Bundle No. 1

Schemes

Ballycroy

Earthtech Ireland Ltd

Yes

Ballyglass/Carnacon

Earthtech Ireland Ltd

Yes

Belderrig

Earthtech Ireland Ltd

Yes

Bohola

Earthtech Ireland Ltd

Yes

Brackloon/Spaddagh

Earthtech Ireland Ltd

Yes

Drummin

Earthtech Ireland Ltd

Yes

Glencorrib

Earthtech Ireland Ltd

Yes

Glenhest

Earthtech Ireland Ltd

Yes

Killeen (Louisburgh)

Earthtech Ireland Ltd

Yes

Kilmeena

Earthtech Ireland Ltd

Yes

Kilmovee/Orlar

Earthtech Ireland Ltd

Yes

Laghta

Earthtech Ireland Ltd

Yes

Lough Mask/Creevagh

Earthtech Ireland Ltd

Yes

Monaghan

Monaghan DBO Pilot Project

Schemes

Aughnashalvey

Veolia Water Ireland

No

Churchill/Oram

Veolia Water Ireland

No

Corduff/Corracharra

Veolia Water Ireland

No

Doohamlet

Veolia Water Ireland

No

Drumgole

Veolia Water Ireland

No

Killanny/Reaghstown

Veolia Water Ireland

No

Stranooden

Veolia Water Ireland

No

Truagh

Veolia Water Ireland

No

Tydavnet

Veolia Water Ireland

No

Cavan

Farmoyle/ Barraghy

Veolia Water Ireland

No

Sligo

Sligo South East DBO Project

Schemes

Castlebaldwin

Treatment Systems Services Ltd.

Yes

Corrick

Treatment Systems Services Ltd.

Yes

Culfadda

Treatment Systems Services Ltd.

Yes

Geevagh/ Highwood

Treatment Systems Services Ltd.

Yes

Keash

Treatment Systems Services Ltd.

Yes

Sligo North West DBO Project

Schemes

Ballintrillick

Treatment Systems Services Ltd.

Yes

Beltra

Treatment Systems Services Ltd.

Yes

Benbulben

Treatment Systems Services Ltd.

Yes

Calry/Keelogydoy

Treatment Systems Services Ltd.

Yes

Castletown

Treatment Systems Services Ltd.

Yes

Drum East

Treatment Systems Services Ltd.

Yes

South Leinster DBO Project

Carlow

Schemes

Ballinabranna

EPS Ltd

Yes

Glynn St Mullins

EPS Ltd

Yes

Kilkenny

Schemes

Ballycallan

EPS Ltd

Yes

Castleinch

EPS Ltd

Yes

Castlewarren

EPS Ltd

Yes

Clifden

EPS Ltd

Yes

Cuffesgrange

EPS Ltd

Yes

Kildare

Schemes

Usk/Gormanstown

EPS Ltd

Yes

Laois

Schemes

Ballacolla

EPS Ltd

Yes

Ballypicas

EPS Ltd

Yes

Donaghmore

EPS Ltd

Yes

Wicklow

Schemes

Askinagap

EPS Ltd

Yes

Ballingate

EPS Ltd

Yes

Baltyboys

EPS Ltd

Yes

Wexford

Schemes

Blackstairs/Templeeudigan

EPS Ltd

Yes

Borrmount

EPS Ltd

Yes

Kilanerin

EPS Ltd

Yes

Mullaun

EPS Ltd

Yes

Register of Electors.

Jim O'Keeffe

Question:

247 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the details of the section in his Department dealing with the oversight of the register of electors; the staffing involved; and the resources allocated for such a purpose. [18292/07]

In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register.

The Franchise Section in my Department is responsible for a range of matters relating to the electoral system, including the relevant legislative codes; the provision of advice and guidance to registration authorities and returning officers (including relating to the Register); implementation of the electronic voting and counting system; the servicing of the Constituency Commission as required; and the provision of electoral information to the public. At present, there is a total of 10 staff in the Section, the majority of whom work on, inter alia, matters relating to the Register.

Planning Issues.

Róisín Shortall

Question:

248 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if he will clarify the position regarding representations from public representatives to planning authorities in respect of planning applications when these representations are received outside the statutory time limit; if these are taken into consideration in deciding on the planning application; if they are included on the planning file; if so, the statutory basis for same; and if he will make a statement on the matter. [18294/07]

Section 33(2)(c) of the Planning and Development Act 2000 makes provision for persons, including elected representatives, to make submissions or observations on a planning application on payment of the prescribed fee and within the prescribed period. Article 29 of the Planning and Development Regulations 2001 fixed this prescribed fee at €20 and the prescribed period at five weeks beginning on the date of receipt of the planning application by the planning authority. Sub-article (3) states that where a submission or observation is received outside of this period the planning authority shall return both the submission and the fee and notify the person that their submission or observation cannot be considered.

In making a determination on an application, planning authorities are obliged, under section 34 of the Planning and Development Act 2000, to have regard to any written submissions or observations received in respect of the proposed development, in accordance with the relevant regulations.

In relation to the information included in the planning file, section 38 of the Planning and Development Act 2000 provides that certain information must be made available for inspection by the public. Section 38(3) specifically requires that a copy of any submissions or observations in relation to a planning application must be made available for inspection and purchase by members of the public as soon as may be after receipt of the document until a decision is made on the application.

However, in the guidance notes on the 2001 regulations, and in the recently published Development Management Guidelines, my Department has clarified that certain types of enquiry or correspondence by elected members of a local authority in relation to planning cases should not be regarded as the making of a submission or observation within the framework described above. These could, for example, consist of enquiries as to the position regarding a planning application or requests to speed up the processing of an application, or correspondence supporting the application (or a resubmission by an observer) in general terms without elaborating on the grounds.

Social and Affordable Housing.

Bernard J. Durkan

Question:

249 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his public housing programme; and if he will make a statement on the matter. [18309/07]

The programme of investment in housing over the next seven years is set out in the National Development Plan 2007-2013 under which some €21 billion in finance, including €3 billion in SWA Rent Supplement, is being provided. Some 27,000 new social homes will be commenced or acquired and 17,000 affordable units will be delivered in the initial 2007-2009 period. The resources being made available under the NDP will allow for similar levels of activity post 2009 and in total, it is estimated that the needs of some 140,000 households will be met over the full period of the Plan. The actual delivery will be determined as part of the mid-term review of the NDP in accordance with the commitment in Towards 2016 to review progress taking account of market developments and capacity.

Full details of the 2007 Exchequer and non-Exchequer investment programme for housing are set out in the Revised Estimates for the Public Services 2007 and the Public Capital Programme 2007.

Waste Management.

Bernard J. Durkan

Question:

250 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number and location of incinerators in use or proposed in the context of waste management; and if he will make a statement on the matter. [18310/07]

There are currently no large scale waste incinerators in Ireland. My Department is aware that a small number of incinerators at industrial plants have been licensed by the EPA. It is also the case that a private company has secured planning and licensing approval for a municipal and a hazardous waste incinerator and, in relation to the latter, has indicated that approval for the treatment of municipal waste may be sought in the future.

Applications by Dublin City Council, on behalf of the Dublin local authorities, for planning and licensing approval for a waste to energy facility in the context of that region's statutory waste management plan are currently before An Bord Pleanala and the Environmental Protection Agency respectively. The other waste management regions in their respective waste management plans identify various approaches to the use of thermal treatment in waste management.

The Programme for Government commits to the setting of new ambitious waste management targets for maximum prevention, re-use, recycling and modern waste treatment to ensure that we match the best performance in the EU for recycling with the objective that only 10% of waste or less is consigned to landfill (down from 66% now). The Programme also includes measures to broaden out our approach to managing residual waste, with an increased emphasis on other technologies, including methods for mechanically and biologically treating waste.

Bernard J. Durkan

Question:

251 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of landfill sites currently being used in respect of waste disposal throughout the country; if similar new facilities are contemplated; the proposed locations; and if he will make a statement on the matter. [18311/07]

Bernard J. Durkan

Question:

253 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number and location of landfill sites expected to become operational in the next five years; and if he will make a statement on the matter. [18313/07]

I propose to take Questions Nos. 251 and 253 together.

The waste management plans for which local authorities have statutory responsibility, generally operating in regional groupings, identify the landfill capacity which those authorities consider necessary to meet the needs of each region while meeting national and EU objectives and requirements. My Department does not compile details in respect of existing or proposed facilities and all such facilities are required to be licensed by the EPA. In the context of the demanding landfill diversion targets established by the EU Landfill Directive it is clear that a significant move away from our current reliance on landfill is essential. I anticipate that this will be borne out by the international review of the regional waste management plans which is provided for in the Programme for Government.

Bernard J. Durkan

Question:

252 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his policy in regard to waste management; the extent to which such requirements are expected to be met by way of recycling, landfill or incineration; and if he will make a statement on the matter. [18312/07]

The Programme for Government commits to the setting of new ambitious waste management targets for maximum prevention, re-use, recycling and modern waste treatment to ensure that we match the best performance in the EU for recycling with the objective that only 10% of waste or less is consigned to landfill (down from 66% now). The Programme also includes measures to broaden out our approach to managing residual waste, with an increased emphasis on other technologies, including methods for mechanically and biologically treating waste.

Irish waste management policy is based on the internationally recognised integrated approach which places the main emphasis on waste prevention, reuse and recycling. This approach is now delivering demonstrable and successful results. In 1998 Ireland had a recycling rate of just 9% but this had risen to 35% by 2005, reaching a national target set for 2013. Our recycling of packaging waste over the same period rose from 15% to 60%, thus exceeding the 50% EU target set for 2005 and reaching the EU 2011 target.

The Government is determined to build on these achievements and I will be giving this matter priority over the coming months. The review of regional waste management plans provided for in the Programme should also better equip Ireland to achieve ambitious targets.

Question No. 253 answered with QuestionNo. 251.

Water and Sewerage Schemes.

Seán Ó Fearghaíl

Question:

254 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that there has been recent significant interruptions in the water supply to the town of Monasterevin; the level of investment by his Department to date in augmenting the water supply to Monasterevin; and if he will make a statement on the matter. [18396/07]

Phase 1 of the Kildare Water Strategy — Wellfield Contract — is included in my Department's Water Services Investment Programme 2005 — 2007 at an estimated cost of €27.6 million and provides for the development of groundwater sources at Rathangan, Monasterevin (Hybla), Johnstownbridge and Robertstown.

My Department has to date recouped €12.4 million to Kildare County Council in respect of the development of the groundwater sources at Hybla, Monasterevin, which I understand is substantially completed. The commissioning and operation of the infrastructure is a matter for the local authority.

Grant Payments.

Ned O'Keeffe

Question:

255 Deputy Edward O’Keeffe asked the Minister for Communications, Energy and Natural Resources the position regarding an application for a grant in respect of geothermal heating by a person (details supplied) in County Cork. [18191/07]

I understand from Sustainable Energy Ireland (SEI), who are administering the grants scheme on behalf of my Department, that payment of grant aid to the individual concerned has been approved and will issue to him shortly.

Telecommunications Services.

Bernard J. Durkan

Question:

256 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he is satisfied at the progress to date in regard to the delivery of broadband services here; and if he will make a statement on the matter. [18298/07]

Bernard J. Durkan

Question:

257 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects 100% broadband availability here; and if he will make a statement on the matter. [18299/07]

Bernard J. Durkan

Question:

264 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects Ireland to take its place at the leading edge in the European context in terms of the provision and availability of broadband and other telecommunication services; and if he will make a statement on the matter. [18307/07]

I propose to take Questions Nos. 256, 257 and 264 together.

The provision of telecommunications services, including broadband, is a matter for the companies operating in a fully liberalised market, regulated, where appropriate, by the independent commission for Communications Regulation, ComReg. The role of the Government is to implement regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers.

I have reviewed the EU Commission's most recent report on the EU's telecom markets. I note the report's finding concerning Ireland that "Broadband penetration is still below the EU-25 average, but has improved substantially". I would like to point out that the speed of take up of broadband in Ireland is extraordinary. The data used by the Commission for the report shows that the rate of growth in broadband in Ireland was running at 105% per annum (to Q3 2006) while the rate of growth for the EU-25 was only 32%. This means that Ireland is actually growing three times faster than the EU-25.

The latest official figures from ComReg, which supersede the figures in the EU Commission report, were released last week showing that Quarter 1 of 2007 saw the highest number of new subscribers added in any single period since the launch of broadband services in Ireland, with almost 84,000 new subscriptions added. At the end of quarter 1 of 2007 Ireland had 602,000 broadband subscribers. The EU report refers to broadband penetration of 10.3% for October 2006 compared to the EU-25 average of 15.7%. As a result of Ireland's rapid growth, Ireland's penetration rate at the end of Quarter 1 of 2007 stood at 14.2%. Based on the current rate of growth, Ireland is on course to pass the EU-25 average of 15.7% by the end of the year.

It continues to be a priority of the Government that there will be broadband coverage across the entire country. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broadband Scheme and investment in Metropolitan Area Networks (MANs) in over 120 towns and cities under the Regional Broadband Programme.

Despite Government investment in broadband in the regions through the Regional Broadband Programme, there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. The procurement process for the Government's new National Broadband Scheme (NBS) was launched on the 2 May 2007. This scheme will provide broadband services to the areas of Ireland that are currently unserved and ensure that every reasonable request for broadband in these unserved areas is met. The estimated time scale for the award of the NBS contract is December 2007, with rollout of the services due to begin as soon as possible thereafter, subject to agreement with the chosen Service Provider.

Offshore Exploration.

Bernard J. Durkan

Question:

258 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his proposals for oil, gas and other mineral explorations in the future with particular reference to the current or proposed amendment to the licensing regime; and if he will make a statement on the matter. [18300/07]

With regard to petroleum, I am considering the report of the consultants who were engaged to assist with the review of the licensing regime. My proposals for the future of the licensing regime will be considered by Government in the near future and I will then take appropriate steps to give effect to the decisions taken.

With regard to non-petroleum minerals, exploration and development is undertaken by private enterprise and regulated under the Minerals Development Acts, 1940 to 1999. While it is my intention to consolidate and update the Minerals Development Acts in a new Minerals Development Bill, currently being drafted, I do not propose any change of policy.

Alternative Energy Projects.

Bernard J. Durkan

Question:

259 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he will further incentivise the growing of bio-fuel crops; and if he will make a statement on the matter. [18302/07]

The Bioenergy Action Plan for Ireland, which was published earlier this year, sets out a series of cross-Governmental and inter-agency actions to support the development and deployment of bioenergy in Ireland including measures aimed at encouraging farmers to grow energy crops. The Programme for Government underlines our commitment to maximise the potential of bioenergy crops.

The move to a biofuels obligation and our ambitious targets together, will create opportunities for the farming community to diversify into energy crops. I understand my colleague the Minister for Agriculture, Fisheries and Food who has responsibility for incentivising the production of energy crops already has incentives in place which are designed to encourage the growing of energy crops.

Bernard J. Durkan

Question:

260 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he will introduce new incentives to encourage bio-fuel production; and if he will make a statement on the matter. [18303/07]

The Programme for Government underlines our firm commitment to the development of an Irish biofuels industry and to the development and deployment of bio-energy generally in Ireland. A range of initiatives are already in place to support the development of the biofuels sector.

The 2005 pilot mineral oil tax relief scheme for biofuels has resulted in eight projects being awarded excise relief for a two year period under the scheme. Building on the success of this scheme a further Biofuels Mineral Oil tax Relief Scheme II was introduced in 2006, valued at over €200 million. Under this scheme sixteen projects have been awarded excise relief to the period 2010. The scheme will enable us to reach an initial target of over 2% market penetration of biofuels by 2008. As a result of this scheme, biofuels are already being mainstreamed in blends of up to 5% at a number of existing petrol and diesel pumps, and higher blends are being sold to identified vehicle fleets. The Government has also introduced a 50% VRT relief on Flexible Fuel Vehicles, which are capable of running on blends of up to 85% ethanol in petrol. These vehicles are now available in Ireland from a number of car manufacturers. The National Climate Change Strategy also commits to a re-alignment of VRT and Motor Tax to favour more energy efficient cars.

Under the Programme for Government we will introduce a Biofuels Obligation by 2009, which will require all fuel suppliers to ensure that biofuels represent a certain percentage of their annual fuel sales.

Grants for the conversion of diesel engine vehicles to use Pure Plant Oil (PPO) have been made available by Sustainable Energy Ireland (SEI), working with the four companies who were granted excise relief under the PPO category in the Pilot Biofuels Mineral Oil Tax Relief Scheme. The Department of Transport is also funding specific biofuels initiatives and will publish a Sustainable Transport Action Plan later in 2007.

In tandem with these developments the Programme for Government commits to the introduction of a minimum requirement for the use of bio-fuels in State owned and public transport vehicles. Dublin Bus and Bus Eireann will move their existing fleet to a 5% biodiesel blend and will achieve a 30% biodiesel blend in their new buses.

Natural Gas Grid.

Bernard J. Durkan

Question:

261 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has satisfied himself that all outstanding relevant matters in respect of the Corrib gas pipeline have been resolved to the satisfaction of all concerned; and if he will make a statement on the matter. [18304/07]

Bernard J. Durkan

Question:

262 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his preferred options in respect of the alternative routes for the Corrib gas pipeline; and if he will make a statement on the matter. [18305/07]

Bernard J. Durkan

Question:

263 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects produce from the Corrib gas field to be available to the commercial and domestic sectors; and if he will make a statement on the matter. [18306/07]

I propose to take Questions Nos. 261 to 263, inclusive, together.

While I understand that the developer is considering options in relation to the possible modification of the route of the onshore pipeline I have not as yet received an application from the developer in this regard. Any significant modification of the pipeline route would require my approval under Section 40 of the Gas Act 1976. Approval of An Bord Pleanála would also be required under the Strategic Infrastructure Act 2006. In the circumstances it would be inappropriate for me to have a preference for a particular route.

The developer anticipates that first gas may be available from the field in late 2009.

Question No. 264 answered with QuestionNo. 256.

Nuclear Energy.

Bernard J. Durkan

Question:

265 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he has had discussions with groups interested in the provision or promotion of nuclear energy; and if he will make a statement on the matter. [18308/07]

Since taking office I have not as yet had any meetings or discussions with groups interested in promoting nuclear energy. As I have indicated I am open to such discussions and believe in informed debate on nuclear energy as indeed with all aspects of energy policy.

As the Deputy is aware the use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18 subsection 6 of the Electricity Regulation Act 1999. It is also relevant in this context that Section 3 of the Planning and Development (Strategic Infrastructure) Act 2006 Act amends the Planning and Development Act 2000 to state that "Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission".

The Energy Policy Framework makes it clear that the Government fully intends to maintain the statutory prohibition on nuclear generation in Ireland. The Government strongly believes that nuclear power is neither sustainable nor an answer to Ireland's energy needs. The Programme for Government commitments in relation to nuclear energy and Sellafield are a clear statement of our position and our intent in Europe in relation to nuclear energy.

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