Vol. 638 No. 1
113 Deputy Seán Sherlock asked the Minister for Social and Family Affairs the progress made in regard to his consideration of the research commissioned by the Financial Regulator and the Combat Poverty Agency on the nature and extent of debt incurred by low income families; and if he will make a statement on the matter. [20730/07]
126 Deputy John Perry asked the Minister for Social and Family Affairs the strategies he will put in place in view of the research commissioned by the Financial Regulator and the Combat Poverty Agency on the nature and extent of debt incurred by low income families, as well as recent findings by the Irish League of Credit Unions, to assist people on low incomes in accessing cheap forms of credit; and if he will make a statement on the matter. [20779/07]
140 Deputy Phil Hogan asked the Minister for Social and Family Affairs when he will publish legislation to establish the Money Advice and Budgeting Service on a statutory footing; and if he will make a statement on the matter. [20778/07]
157 Deputy Simon Coveney asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government whereby the Money Advice and Budgeting Service will be given a central role in increasing access to affordable credit for low income earners and social welfare customers; and if he will make a statement on the matter. [20811/07]
173 Deputy Seán Sherlock asked the Minister for Social and Family Affairs when the promised new legislation to place the Money Advice and Budgeting Service on a statutory basis will be published; the principal areas in which it will differ from the Bill published in 2002; and if he will make a statement on the matter. [20731/07]
I propose to take Questions Nos. 113, 126, 140, 157 and 173 together.
The Money Advice and Budgeting Service (MABS) provides assistance to people who are over-indebted and need help and advice in coping with debt problems. There are 53 independent companies nationwide employing some 230 money advice staff who deliver the service at a local level. Many local voluntary and statutory bodies, such as the Society of St. Vincent de Paul and the credit unions work closely with the programme.
Last year, MABS provided services to almost 12,500 new clients throughout the country. To date, this year some 8,300 new clients have approached the service. The number of active cases at the end of August was 18,400. The demand for the service can be attributed to the increase in the availability of credit generally and to the quality of the service provided by MABS advisors. In 2006, €16.4 million was provided to fund the service and in 2007 the annual allocation was increased to €17.67 million to assist the MABS in dealing with its workload.
The issues that give rise to problems of over-indebtedness for people are highly complex as the report of the Combat Poverty Agency for the Financial Regulator on Financial Exclusion in Ireland illustrates. The cost and availability of credit for people on low incomes and the barriers they face in accessing mainstream and cheap forms of credit add to the difficulties people encounter in managing their finances.
I am particularly concerned about the unacceptably high level of interest rates currently being charged by some financial institutions, loan companies and by legal moneylenders in situations where people have no alternative sources of credit available to them. My concerns, in this regard, are borne out by the 2005 UCC Working Paper "Meeting the Credit Needs of Low-Income Groups: Credit Unions versus Moneylenders" and the recent Financial Regulator's Report on the Licensed Money Lending Industry in Ireland.
It shows that moneylenders may be charging interest rates of up to 188%. Most significantly, 71% of people surveyed in the latter report did not know what interest they were paying on their loans.
The issues in this policy area are complex. The regulation of money lending comes under the Consumer Credit Act, 1995 and the licensing of moneylenders is a statutory responsibility of the Financial Regulator. My view is that MABS has a unique and expert contribution to make on behalf of people on low incomes in shaping the strategies that need to be put in place, for example, by the providers of payment services such as the Banks and Credit unions to ensure greater financial inclusion in Ireland. Officials of my Department continue to engage with the Department of Finance on the issues involved. Furthermore they are also consulting with the Financial Regulator and other key interests on the options available to me to strengthen the role of MABS in tackling the barriers which arise for people on low incomes in getting access to the full range of mainstream financial services that is available to the wider community.
In line with the commitment in the Programme for Government, I am developing proposals to establish a new structure for the MABS geared to meet the needs of people with debt difficulties in today's society. Initiatives to improve the situation of people on low incomes in securing access to affordable credit are a priority consideration in my approach to policy. I intend to bring the proposals to the Government as soon as possible in the coming months.
My proposals will build on the best features of the MABS model of service to the public. They involve the continuation of local voluntary involvement in the MABS service, with strong national leadership to ensure a high quality, coordinated budgeting and advice service providing strong and confidential support for its clients.
The proposals take account of the significant developments which have taken place in MABS since legislation on the matter was published in 2002. They take account of best practice in corporate governance for a customer focussed service that provides value for money for the taxpayers investment and meets the challenges posed by the rapidly changing face of debt in 21st century Ireland.
114 Deputy Enda Kenny asked the Minister for Social and Family Affairs the number of personal advocates to be recruited for the new personal advocacy service under the Citizens Information Board and where advocates will be located; and if he will make a statement on the matter. [20802/07]
137 Deputy John Perry asked the Minister for Social and Family Affairs if work has begun on establishing a personal advocacy service for people with disabilities; and if he will make a statement on the matter. [20780/07]
I propose to take Questions Nos. 114 and 137.
The introduction of a personal advocacy service is provided for in the Citizens Information Act, 2007. The Act has as its primary purpose the amendment of the Comhairle Act, 2000, to assign additional and enhanced functions to the Citizens Information Board, formerly Comhairle, which operates under the aegis of my Department, to enable it to introduce a personal advocacy service to individuals, in particular those with a disability. The service will assist the individuals concerned in identifying and understanding their needs and options and assist them in securing their entitlements to social services. Social services are broadly defined and include health, social welfare, education, family support, housing, taxation, citizenship, consumer matters, employment and training, equality, asylum and immigration.
The development of advocacy services is a priority for my Department and in this regard additional funding of €1.9m has been provided for the Citizens Information Board in 2007 for the development of a personal advocacy service for people with disabilities and for the implementation of the Disability Sectoral Plan. The Personal Advocacy Service will be initially located in Dublin. When the service is well established, it is anticipated that advocates will be located in a number of key highly populated areas around the country. However, it is not possible at this stage to give estimates of the number of advocates to be employed.
An organisational structure has been developed by the Citizens Information Board to meet the needs of the Personal Advocacy Service. Discussions between my Department, the Department of Finance and the Citizens Information Board are ongoing in relation to these structures and the additional staffing resources required for the provision of the service. Temporary accommodation has been identified to facilitate the immediate needs of the service and it is envisaged that the post of Director of the Personal Advocacy Service will be advertised shortly.
In 2004 the Citizens Information Board began the process of engaging the community and voluntary sector in the provision of advocacy services to people with disabilities and also produced advocacy guidelines to inform and guide organizations in the development of advocacy services.
Thirty projects have been funded since 2004 to deliver representative advocacy services to people with disabilities, some of which are cross disability type, with others specifically targeting one particular type of disability. Each of the projects poses different challenges, some requiring more intensive work with smaller caseloads while others have larger caseloads with shorter periods of client contact. This year another 15 projects have been approved for funding. It is envisaged that structures and staffing resources will be in place to enable the new service to be up and running in 2008.
115 Deputy Denis Naughten asked the Minister for Social and Family Affairs if he plans to amend the criteria for eligibility of the fuel allowance; and if he will make a statement on the matter. [20792/07]
132 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs the progress made with regard to the commitment made in the Programme for Government to extend the national fuel allowance scheme to cover eligible carers; and if he will make a statement on the matter. [20716/07]
153 Deputy Denis Naughten asked the Minister for Social and Family Affairs the number of people eligible for the fuel allowance; and if he will make a statement on the matter. [20791/07]
I propose to take Questions Nos. 115, 132 and 153 together.
The national fuel allowance scheme assists householders on long-term social welfare or health service executive (HSE) payments with meeting the cost of their heating needs during the winter season. Fuel allowances are paid for 29 weeks from end-September to mid-April. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full.
The main conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, satisfy a means test and must either be living alone or only with a qualifying dependant. Carers allowance and carers benefit are not qualifying payments at present. The household composition, qualifying payment and means test rules are designed to ascertain the ability of applicant households to meet their normal heating requirements out of their own resources and to ensure that the maximum amount of support is targeted at those most in need of the fuel allowance support. Only one fuel allowance is paid per household.
People who already qualify for means-tested pensions or allowances such as state pension (non-contributory), long-term jobseeker's assistance or one-parent family payment do not have to undergo a further means test to qualify for fuel allowance. The majority of people who receive fuel allowances qualify because they satisfy the relevant means test for their primary weekly payment.
In the case of contributory pensions such as state pension (contributory), state pension (transition) and invalidity pensions, which are not means tested, a person may have a combined household income of up to €100 per week, or savings/investments of up to €58,000, over and above the maximum state pension (contributory) rate and still qualify for fuel allowance. The fuel allowance income limits increase each season in line with the increases in the state pension (contributory) rate.
In Budget 2007, the rate of fuel allowance was increased by €4 from €14 to €18 (€21.90 in designated smokeless areas). The income threshold for eligibility to fuel allowance was also increased by €49 to €100 above the state pension (contributory) rate.
Some 274,000 people benefited from the fuel allowance in 2006 at a cost of €125.1m. As a consequence of the increase in rate and the increase in the income threshold for eligibility as announced in Budget 2007, it is estimated that some 286,200 households will benefit under the scheme at an annual cost of €161.5m. The extension of the national fuel scheme to eligible carers, as set out in the Agreed Programme for Government, will be examined by my Department in the context of the overall package of commitments relating to carers. The additional costs arising from improvements to the scheme will be considered in future Budgetary proposals having regard to overall resources available for social welfare schemes generally.
116 Deputy Liz McManus asked the Minister for Social and Family Affairs if he has completed his consideration of the recent report he received from the Pensions Board, entitled, Special Savings for Retirement: Report on Mandatory Pension System; and if he will make a statement on the matter. [20735/07]
118 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to ensure women are treated fairly in pension provision; and if he will make a statement on the matter. [20804/07]
145 Deputy Mary Upton asked the Minister for Social and Family Affairs the progress made with regard to the commitment made in the Programme for Government to ensure that women are treated fairly in the social welfare code; and if he will make a statement on the matter. [20715/07]
148 Deputy Enda Kenny asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to remove anomalies identified in the pension system; and if he will make a statement on the matter. [20803/07]
154 Deputy Shane McEntee asked the Minister for Social and Family Affairs the steps he will take to facilitate women forced out of employment due to the marriage rule to avail of contributory pensions; and if he will make a statement on the matter. [20812/07]
164 Deputy Richard Bruton asked the Minister for Social and Family Affairs the reason for the delay in the publication of the Green Paper on Pensions; the date he will publish same; and if he will make a statement on the matter. [20772/07]
169 Deputy Liz McManus asked the Minister for Social and Family Affairs when he expects that the promised Green Paper on Pensions will be published; and if he will make a statement on the matter. [20734/07]
571 Deputy Charlie O’Connor asked the Minister for Social and Family Affairs his plans for long term pension provision; and if he will make a statement on the matter. [19770/07]
I propose to take Questions Nos. 116, 118, 145, 148, 154, 164, 169 and 571 together.
As the House is aware, the Government is committed to producing a Green Paper on pensions policy in accordance with the partnership agreement " Towards 2016". The preparation of the Green Paper follows a period of increased activity in the development of pensions policy, which has seen the publication of two major reports by the Pensions Board — the ‘National Pensions Review' and ‘Special Savings for Retirement'. These two reports built on the earlier report of the Board on the National Pensions Policy Initiative, published in 1998.
The Green Paper will take account of these reports and examine the situation in a much broader way to deal with issues raised in the partnership talks, such as the operation of the funding standard for defined benefit schemes, together with a comprehensive look at issues in relation to social welfare pensions which arise from time to time, both here in the House and in representations which I receive, including questions with regard to the pension entitlements of women.
The purpose of the Green Paper is not to recommend any particular course of action but rather to set out clearly the current situation and the implications, from an economic and social perspective, of various courses of action which have been suggested.
The Green Paper will set out the key issues and challenges now facing the Irish pensions system including: The demographic challenge; Issues in relation to the sustainability of the pensions system; Pensioner incomes and the contribution various elements of the pension system, including the social welfare system, can make to the adequacy of this income; Work flexibility in older age; The roles and relationships of social welfare, private occupational and public service pensions in the future; The role of tax incentives in the current system and their efficiency and effectiveness in supporting Government objectives in the area; The role of annuities and the operation of that market; The role of regulation including the charges levied by pension providers.
The publication of the Green Paper will be followed by a major consultation process aimed at building consensus on the future direction of pensions policy in Ireland. This process will culminate in the Government publishing a framework for long-term pensions policy. The framework will encompass proposals to deal with the various commitments in the Government programme in relation to both supplementary and social welfare pensions.
The publication of the Green Paper was delayed due to the General Election and the subsequent changes in Government. I too was anxious to take time to familiarise myself with the very complex issues involved. This process is now completed and arrangements are being made to publish the Green Paper. I expect to be in a position to confirm a publication date in the very near future.
At a general level, my Department is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). The review will examine the schemes and services provided for in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act, including: gender, sexual orientation, marital status and family status that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate. The findings of this review, and the conclusions in the social welfare pensions area arising from the publication of the Green Paper, will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of all citizens and is equitable in meeting those needs.
120 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the details of his plans to make significant improvements to the back to school clothing and footwear allowance and the school meals programme; and the dates on which these improvements will be made. [20698/07]
The back to school clothing and footwear allowance (BSCFA) scheme provides a one-off payment to eligible families to assist with the extra costs when their children start school each autumn. The allowance is not intended to meet the full cost of school clothing and footwear but only to provide assistance towards these costs. A person may qualify for payment of an allowance if they are in receipt of a social welfare payment, or Health Service Executive payment, are participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels. Family Income Supplement is one of the Qualifying payments. Separately, the Department of Education and Science operate a book grant scheme for primary and secondary schools.
The rates of BSCFA have been increased significantly in recent years. From June 2006, the allowance was increased by €40 to €120 in respect of qualified children aged from 2 to 11 years and €190 for those aged from 12 to 22 years. In Budget 2007 , the rate of payment of BSCFA was increased by a further €60 per child for children aged 2 to 11 years old and increased by a further €95 for children aged 12 to 22 — a 50% increase on the previous allowance.
The new rates for 2007 are €180 for children aged 2 to 11 years old and €285 for children aged 12 to 22. Budget 2007 also increased the income limits for BSCFA by €50 to €100 above the state pension (contributory) rate. These improvements provide a considerable boost to families at a time of considerable expense. The annual expenditure on the scheme will increase to €38.1m as a result of these measures.
These improvements in BSCFA are very significant when viewed in the context of clothing and footwear price trends. According to the Consumer Price Index for August 2007, the overall cost of clothing and footwear has fallen by 3.4% over the past twelve months. Since December 2001, clothing and footwear costs have decreased by 21.6%.
I consider the back to school clothing and footwear allowance scheme to be an important support for parents at a time of particular financial strain. While the improvements to the scheme in recent years provide a major boost to meeting the financial costs associated with return to school for those who most need assistance, further improvements to the scheme will be considered in the context of the Budget and in the light of resources available to me for improvements in social welfare payments generally.
The school meals programme operated by my Department gives funding towards provision of food services for disadvantaged school children through two schemes. The first is the long-standing statutory urban school meals scheme, currently operated by 36 local authorities. The second is the school meals community (local projects) programme through which funding is provided by my Department to participating schools and voluntary community groups in both urban and rural areas who are running specific school meals projects, including breakfast clubs.
The school meals programme has expanded significantly in recent years to include a large number of disadvantaged school children and this trend will continue throughout 2007 and in future years. The number of meals being provided on a daily basis to disadvantaged children through the school meals local projects scheme has doubled from 89,915 in the school year 2005/2006 to 179,660 in the school year 2006/2007. In 2006, some 1,394 schools with over 145,000 pupils benefited under the scheme and this is expected to increases to 165,000 plus pupils in over 1,800 schools in the 2007/2008 school year.
The Department of Education and Science has identified a total of 875 disadvantaged schools under the recent ‘Delivering Equality of Opportunity in Schools' (DEIS) action plan. To date, a total of 651 DEIS schools are participating on the scheme, and additional applications are expected.
The school meals programme makes an important contribution to ensuring that school children receive better nutrition and contributes to improved school attendance and quality of learning. All relevant research indicates that there is a strong link between nutritional intake and cognitive ability and that inadequate nutrition impacts negatively on a child's ability to learn and benefit from education. I am satisfied that the additional funding given to the school meals programme in recent years ha s enabled the programme to expand significantly and to assist schools and projects to provide healthy, nutritious food to the most disadvantaged children in our society who, by reason of lack of food, are unable to take full advantage of the educational opportunities presented to them. I will be seeking to make provision in Budget 2008 for further expansion of the school meals scheme, to increase the number of children benefiting.
121 Deputy Willie Penrose asked the Minister for Social and Family Affairs the percentage of the population regarded as being in consistent poverty; when he expects that the 2% target which was set for 2007 in the ten year anti-poverty strategy launched in 1997 will be reached; and if he will make a statement on the matter. [20725/07]
124 Deputy Bernard Allen asked the Minister for Social and Family Affairs the percentage of the population regarded as being in consistent poverty; his efforts to combat consistent poverty; and if he will make a statement on the matter. [20776/07]
128 Deputy Richard Bruton asked the Minister for Social and Family Affairs the details of his plan to assist the 290,000 people who, according to The Combat Poverty 2006 Annual Report, are deprived of one or more basic necessities such as adequate food, clothes or heating; and if he will make a statement on the matter. [20771/07]
156 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs his views on the recent statement from the Irish Human Rights Commission that the persistence of poverty and deprivation among economic success was contributing to the denial of basic human rights to thousands of people here; the steps he will take to deal with the concerns raised by the IHRC; and if he will make a statement on the matter. [20710/07]
161 Deputy Dinny McGinley asked the Minister for Social and Family Affairs the reason the consistent poverty target in the NAP/Incl 2007 to 2016 is less ambitious than that of the National Anti-Poverty Strategy and Agreed Programme for Government; and if he will make a statement on the matter. [20790/07]
165 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs his views on the recent statement from the acting director of the Combat Poverty Agency that the provision of quality public services is crucial to the tackling of poverty; the steps he will take in this regard; and if he will make a statement on the matter. [20709/07]
179 Deputy Olivia Mitchell asked the Minister for Social and Family Affairs his views on the fact that 7% of the population, nearly 300,000 people, remain in consistent poverty (details supplied); the action he will take to tackle same; and if he will make a statement on the matter. [20787/07]
I propose to take Questions Nos. 121, 124, 128, 156, 161, 165 and 179 together.
Combating poverty and building an inclusive society are key priorities for the Government. The National Action Plan for Social Inclusion (NAPinclusion) and the social inclusion commitments in the National Development Plan were drawn up in consultation with the social partners and after a wide ranging consultation process with other stakeholders. The NAPinclusion adopts a lifecycle stage approach, in line with Towards 2016, with specific, measurable goals set for each group: children; people of working age; older people and people with disabilities; and their communities. It sets out a demanding and detailed programme of action to meet these goals and targets during the period 2007-2016.
The NAPinclusion builds on the considerable progress achieved in the past decade in tackling poverty and in reducing the number of people experiencing material deprivation in Ireland. The new goal in the NAPinclusion is to reduce the number of those experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016.
The goal has been set using an updated set of indicators devised by the Economic and Social Research Institute (ESRI), which is more realistic and in keeping with living standards today than the indicators considered appropriate for the earlier national anti poverty plans. The new target reflects experience and advice that it may be difficult to bring consistent poverty down to zero, due in part to the subjective and sensitive nature of the survey questions used to identify deprivation. The current rate of consistent poverty in the population using the new measure is 7.0 per cent.
The 2002 National Anti-Poverty Strategy target was to reduce the numbers of those who are consistently poor to 2 per cent by 2007 and, if possible, to eliminate consistent poverty, as then defined. The consistent poverty measure used at that time had been developed by the ESRI in 1987. It identified the proportion of people, from those with less than 60 per cent of median income, who were deprived of one or more goods or services considered essential for a basic standard of living as then defined. A major discontinuity between the Living in Ireland Survey (LIIS), previously used for monitoring progress against the target and the new EU Survey on Income and Living Conditions (EU-SILC), introduced from 2003, means that it is not possible to compare trends in consistent poverty between the two surveys. However, continuing low levels of unemployment and the substantial resources devoted to social welfare and other social services, support the view that the downward trend in consistent poverty, from 8.3 per cent in 1994 to 4.1 per cent in 2001, would have continued and the target would have been reached by 2007 using the LIIS survey method. Furthermore, the first three years of EU-SILC data indicate that the overall consistent poverty rate reduced from 8.8 per cent in 2003 to 7.0 per cent in 2005.
The NAPinclusion sets out a wide-ranging and comprehensive programme of actions over the period to 2016 to continue to reduce poverty, achieve the overall consistent poverty goal to ensure that every person has access to income and resources (material, cultural and social) that are regarded as acceptable by Irish society. To this end, the NAPinclusion contains 12 high level strategic goals in key priority areas supported by over 150 more detailed targets and actions. The Plan has a particular focus on the effective delivery and implementation of quality public services for each stage of the lifecycle. Detailed action targets cover the broad spectrum of services including education, health and long-term care, housing, income support, employment supports, early childhood development and care, transport, and sport and culture.
The Government is determined to build on the progress achieved over the past ten years in reducing poverty. The social welfare commitments in the Programme for Government prioritise the objectives of the NAPinclusion. They include; improvements in support for Lone Parents; in the State Pension and the Carers Allowance, in Child Benefit and in the Back to School Clothing and Footwear Allowance and the School Meals Programme. Support for the Office for Social Inclusion is a key commitment, in particular, for its work to progress the use of poverty impact assessments by government departments, local authorities and statutory agencies in the development of policies and programmes and the delivery of public services to ensure that the Government's social inclusion agenda is achieved.
The concern expressed by the Irish Human Rights Commission on the impact of poverty on human rights is one that the Government and I share. Ireland, together with many other Member States of the Council of Europe, ratified the European Social Charter which is designed to secure to their populations the social rights specified in the Charter in order to improve their standard of living and their social well being. In 1991 the Council of Europe adopted a Revised Social Charter in order to take account in particular of the fundamental social changes which have occurred since the original text was adopted in 1961. The Revised Social Charter was ratified by Ireland on 4th November 2000 and came into force on 1 January, 2000. One of the main changes included in the Revised Social Charter was the inclusion of a new Article 30 which provides for the right to protection against poverty and exclusion. I am confident that the strategies to combat poverty and social exclusion, including the current NAPinclusion, meet the undertaking required by Article 30 These include taking measures within the framework of an overall and coordinated approach to promote effective access by people experiencing poverty and social exclusion to employment and a range of other key services. Ireland's compliance with these and other obligations under the revised Charter will be monitored on a regular basis by the appropriate Council of Europe institutions.
My plan, in working with Government to deliver the programme over the coming years, is to build on the significant and visible progress already made in reducing poverty and material deprivation and to deliver real improvements in living standards and well-being for the most vulnerable in our society.
122 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if he will revise the formula whereby old age pensions are based on a combination of contributions, EU or non EU, with a view to ensuring that claimants have access to the equivalent of the full rate applicable here; and if he will make a statement on the matter. [20831/07]
Where a person has social insurance contributions from another EEA country, or a country with which Ireland has a bilateral agreement, these can be combined with Irish social insurance contributions to qualify a person for a pro-rata contributory state pension. The manner in which contributions from EEA countries are to be used is laid down in Regulation (EEC) No 1408/ 71 and the same general principles are applied in the reciprocal agreements Ireland has with a number of other countries.
These Regulations provide that where the conditions required by the legislation of a country for entitlement to old age benefits are satisfied only after counting the contributions made in another country, the first country shall firstly calculate the amount of pension the person would be entitled to if s/he had completed his/her full career of periods of insurance under the legislation of that country.
Then a proportional pension is calculated by multiplying the theoretical amount of pension by the ratio of periods of insurance in that State to the person's full career. The objective of the system is, amongst other things, to ensure that the contributions made in each country are adequately recognised.
Those qualifying for pensions under this system will, more than likely, qualify for a pension from other jurisdictions, some of whose pension arrangements are more advantageous than those which exist here.
It is also, of course, open to a person living in Ireland to apply for a State Pension (Non-Contributory) if their total contributory pension entitlement is very much reduced and they will receive a payment if they satisfy a means test.
123 Deputy Billy Timmins asked the Minister for Social and Family Affairs the status of the transfer of community welfare services to his Department; and if he will make a statement on the matter. [20793/07]
142 Deputy Willie Penrose asked the Minister for Social and Family Affairs the position in regard to proposals that community welfare officers should be transferred from the Health Service Executive to his Department; the position regarding his Department’s discussions on this subject with the trade unions representing the CWOs; if a timetable has been set for implementation of the proposal; and if he will make a statement on the matter. [20724/07]
565 Deputy Enda Kenny asked the Minister for Social and Family Affairs when the proposed changes of moving community welfare officers from the Health Service Executive to his Department will take effect; and if he will make a statement on the matter. [19732/07]
566 Deputy Enda Kenny asked the Minister for Social and Family Affairs if, when the proposed changes of moving community welfare officers from the Health Service Executive to his Department take effect, community welfare officers involved in political activity will have to cease their political involvement due to the upcoming proposed changes; and if he will make a statement on the matter. [19733/07]
I propose to take Questions Nos. 123, 142, 565 and 566 together.
In February 2006 as part of its reform of the Health Sector, the Government decided that the administration of the supplementary welfare allowance scheme (SWA), as well as certain other functions, would be transferred to my Department. The SWA scheme is currently administered by the Community Welfare Service division of the Health Service Executive on behalf of my Department. Some 1,000 staff, including approximately 700 Community Welfare Officers are engaged in this process.
Project personnel have been appointed on a full-time basis both in this Department and the HSE and detailed implementation planning for the transfer is well advanced. Enabling provision has been made in the Social Welfare and Pensions Act 2007 for a number of technical amendments to existing SWA legislation to facilitate the transfer process. These provisions will be brought into force by way of Commencement Order once CWS staff have transferred to my Department.
A change of this magnitude involves a considerable range of issues to be dealt with. In that regard officials from my Department, the Department of Health and Children and the HSE have been engaged in consultation with the unions representing the Community Welfare Service staff. These discussions are now being facilitated by an independent chairperson who was appointed in July 2007. His initial task is to agree a framework which will allow for detailed meaningful discussions to take place between the parties on the specific issues involved. The intention is that these intensive discussions will take place in the coming months and the chairperson will issue a report outlining progress. Any issues that are unresolved at that stage will be dealt with in accordance with the appropriate industrial relations procedures.
It is proposed that the transfer take place in two phases. In the first instance it is envisaged that the Community Welfare Service will transfer to a new branch in my Department with a separate management structure reporting at senior level in the Department. For this phase staff transferring will become Departmental grade civil servants i.e. a grade which is unique to one Department.
Civil Servants above clerical level are not permitted to engage in any form of political activity. This is set out in the official Civil Service Code of Standards and Behaviour drawn up by the Minister for Finance in accordance with the Standards in Public Office Act, 2001. These restrictions are necessary to ensure public confidence in the political impartiality of the Civil Service. Community Welfare Officers and other HSE staff above clerical level will have to cease any political involvement in which they may be engaged as soon as they transfer to my Department.
The envisaged first phase is an interim arrangement pending full integration of the staff into the Department as general service grade civil servants. Subject to agreement being reached with the unions it is proposed that the initial transfer will take place as soon as is practical in 2008. It is proposed that full integration will take place within three years of the transfer of community welfare staff to the Department. There will be full consultation with all staff, including staff in my own Department in relation to all aspects of the transfer.
The transfer of the Community Welfare Service to my Department represents a major organisational change and a key priority will be to ensure that the provision of a quality service to the public is maintained during the transitional period. Within the income support system there will always be a need for a safety net including exceptional or emergency payments for those who are unable to meet their immediate needs. This function and the discretionary element of the SWA scheme, as currently applied by the CWOs within the CWS, will not be removed.
I look forward to the community welfare staff transferring to my Department forming a central part of an integrated and more and customer focussed service for those members of our society who are most in need.
125 Deputy Dan Neville asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to urgently examine the development of a mortgage support system for people on low incomes in order to reduce long-term reliance on rent supplement; and if he will make a statement on the matter. [20809/07]
168 Deputy Joan Burton asked the Minister for Social and Family Affairs the main findings of the Government’s working group on the rent supplement scheme; the changes he will make to the rent supplement scheme as a result; and if he will make a statement on the matter. [20726/07]
I propose to take Questions Nos. 125 and 168 together.
The purpose of rent supplement, administered under the supplementary welfare allowance scheme, is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.
In recent years, a significant number of people have come to rely on rent supplements for extended periods, including people on local authority housing waiting lists. The numbers claiming the supplement has grown considerably from 42,683 in 2000 to just under 60,000 at the end of December 2006. At the end of August 2007 some 58,675 people were in receipt of a supplement. The scheme has also witnessed an increase in the duration of entitlement with over 32,000 recipients now getting a supplement for 18 months or more.
One of the measures introduced to address this is the Rental Accommodation Scheme (RAS) which among other things gives local authorities specific responsibility for meeting the long-term housing needs of people receiving rent supplement for eighteen months or more.
These individual needs are met through a range of approaches including the traditional range of social housing options, the voluntary housing sector, and in particular, a new public/private partnership arrangement to provide rental housing for households with long-term housing needs.
Latest figures from the Department of the Environment, Heritage and Local Government indicate that to date, local authorities have transferred some 4,840 rent supplement cases to RAS units. 2,677 of these are in the voluntary and co-operative housing sector and 2,163 are in private rental accommodation. The Housing authorities have also transferred a further 3,792 recipients to other social housing options. The objective under RAS is that local authorities will have completed the transfer of rent supplement recipients with long-term housing needs to their care by the end of 2009.
Budget 2007 provided for improvements in the qualifying conditions for rent supplement which will support the transfer to RAS of rent supplement tenants who wish to take up full-time employment. Under the new measures, introduced in June of this year, rent supplement may continue to be paid to a person who engages in full time employment, subject to their satisfying the standard means testing conditions, where they have been accepted as having a long-term housing need under RAS.
Budget 2007 measures also provided for improvements in the disregards that apply to assessing additional income for rent supplement purposes. From June the first €75 of additional income, that is, income above the standard rate of supplementary welfare allowance appropriate to a person's circumstances, is disregarded for rent supplement purposes, with any additional income above €75 is assessed at 75%. These measures are positive steps in assisting tenants in achieving a long-term housing solution for their needs while also increasing the financial return from employment for those returning to work or moving to full-time employment.
A review of the supplementary welfare allowance scheme was carried out as part of the Government's Expenditure Review Initiative series of Programme Evaluation. The resulting report was published in November 2006 and included an examination of the rent supplement scheme. The report recommended that RAS should be vigorously pursued to address housing needs of people in long term supplementation. In addition to improving the housing situation for people on low incomes and delivering better value for money for exchequer, full implementation of these arrangements would allow the rent supplement scheme return to its original objective of being a short-term income support scheme, with fewer than half of the current number of recipients.
The report also identified a number of issues relating to the incentives under the rent supplement scheme for those wishing to take up an employment opportunity. As I have already outlined, Budget 2007 has now addressed these issues.
I am conscious that the rent supplement scheme has become a form of social housing in its own right and for this reason, I am anxious that all avenues are explored as regards ways of providing support for those on long-term rent supplementation particularly as regards their securing home ownership. Any further changes to the rent supplement scheme including the question of mortgage support needs to be considered in the context of overall housing policy, which comes within the remit of my colleague the Minister for the Environment Heritage and Local Government. That Department already provides a range of housing supports through local government initiatives, including RAS. Any further initiatives in relation to mortgage support will be framed by that Department in the context of its "delivering homes — sustaining communities" strategy published earlier this year.
I intend to keep the rent supplement scheme under review and my Department will be working closely with the Department of the Environment Heritage and Local Government in ensuring that RAS meets its objective of enabling rent supplement to return to its original role of a short-term income support.
127 Deputy Emmet Stagg asked the Minister for Social and Family Affairs his priorities for budget 2008; and if he will make a statement on the matter. [20723/07]
Improvements in social welfare schemes and services are introduced by way of the Budget. In this regard, I will be developing Budget proposals in relation to the various issues within my own area of responsibility, having regard to a wide range of factors. My priorities will be to make progress in achieving the commitments contained in the Agreed Programme for Government, the Social Partnership Agreement "Towards 2016" and the National Action Plan for Social Inclusion 2007-2016.
The Agreed Programme for Government contains a range of important commitments for pensioners, carers, children and others relying on welfare payments including commitments to:
Increase the basic State pension by around 50% to at least €300 per week by 2012.
Complete the scheme introduced in Budget 2007 to provide a personal pension payment for pensioner spouses in receipt of the Qualified Adult Allowance which will be set at the level of a full rate Non-Contributory State Pension.
Continue to maintain the value of the lowest rate of social welfare payments as agreed in Towards 2016 and the National Action Plan on Social Inclusion.
Further increase eligibility for the Carers' Allowance.
Double the non-means-tested Respite Care Grant to €3,000 per person cared for.
Increase the rate of the Child Benefit
Implement significant improvements to the Back to School Clothing and Footwear Allowance and the School Meals Programme.
These are significant and wide ranging commitments. I look forward to implementing them over forthcoming Budgets having regard to available resources and the wider Government agenda.
129 Deputy Shane McEntee asked the Minister for Social and Family Affairs the number of working and non-working men respectively who have personal or occupational pensions; and if he will make a statement on the matter. [20813/07]
151 Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the number of working and non working women respectively who have personal or occupational pensions; and if he will make a statement on the matter. [20781/07]
I propose to take Questions Nos. 129 and 151 together.
According to CSO statistics for Q2 2007 there are about 2,194,000 in the workforce including 1,255,000 males and 939,000 females. The most recent statistics available in relation to pensions coverage relate to Q4 2005 and suggest that 58.3% of males and 50.6% of females have a supplementary pension. On that basis, we can estimate that there are about 731,000 males and 475,000 females in the workforce covered by a pension with 524,000 and 464,000 respectively without coverage. There are no statistics available in relation to pensions coverage for those who are not in the workforce.
Male workers continue to have a higher coverage rate than their female counterparts. However the gap between males and females reduced from 11% in the first quarter of 2002 to 7.7% in the fourth quarter of 2005. Increased coverage rates were evident across all age categories over the same four year period. Workers in the 35 to 44 age group continued to have the highest pension coverage at just over 65%, followed closely by those aged 45 to 54 at 64.0%. The pension coverage rate for those in employment aged 30 to 65, which increased from 57.8% to 61.8%, in the period in question is still somewhat below the 70% target suggested in the National Pensions Review.
130 Deputy Pat Breen asked the Minister for Social and Family Affairs when he will receive the National Economic and Social Council report on the feasibility of merging the family income supplement with the qualified child increase and other child supports; and if he will make a statement on the matter. [20798/07]
147 Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the status of his plans to merge the family income supplement and the child dependent allowance into a second tier child income support payment; and if he will make a statement on the matter. [20782/07]
149 Deputy Dan Neville asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to amalgamate the qualified child allowances and family income supplements in order to develop a second tier of income support targeted at the poorest families; and if he will make a statement on the matter. [20808/07]
I propose to take Questions Nos. 130, 147 and 149 together.
The merging of family income supplement and qualified child increases provides an opportunity to further target income support at the poorest families. However, the issues involved are complex and there are technical and policy challenges to be overcome.
Under the terms of an earlier Social Partnership agreement the National Economic and Social Council (NESC) was asked to examine the feasibility of merging the family income supplement with qualified child increases and possibly including other child supports such as the back to school clothing and footwear allowance, resulting in a single second tier child income support. Such a payment would be aimed specifically at targeting child poverty by channelling resources to low-income families without creating significant disincentives to employment.
This commitment to examining such a change was subsequently embodied in the current social partnership agreement ‘Toward 2016'. NESC research on the subject is expected to be available soon. The Council's analysis of these issues will, when received, be of assistance in informing the future direction of child income support policy.
The importance of targeted income support to families and children continues to be a high priority for this Government and the significantly improved and targeted measures announced in Budget 2007 represent substantial improvements in this area.
Family income supplement income thresholds were raised in Budget 2007, increasing the weekly payments of almost all existing FIS recipients by €9 for a one child family, to €111 for a family with eight or more children. Research has shown that poverty is more likely to be concentrated in larger families and this improvement continues the re-focusing of thresholds towards larger families which started in Budget 2006, thereby further targeting resources at low-income households.
In Budget 2007 all three qualified child increase rates which had remained unchanged since 1994 were increased to a single rate of €22 per week. In addition, the annual back to school clothing and footwear allowance, which provides income support for the poorest families at a particularly difficult time of the year, was increased by €60 for children aged 2 to 11, and by €95 for children aged 12 to 22, bringing the rates of payment to €180 and €285 respectively.
These changes represent a more selective approach to child income support through targeting children in poorer households while at the same time limiting the extent to which employment incentives are worsened. Maintaining this balance will remain a priority in consideration of future policy changes in this area.
131 Deputy Emmet Stagg asked the Minister for Social and Family Affairs if he will provide the estimated increase in the cost of welfare claims in 2008 arising from the entitlement of EU migrant workers to the new childcare supplement and child benefit; the level of increase in applications for such benefits that has been evident since the beginning of 2007; his views on these increases; and if he will make a statement on the matter. [20736/07]
EU migrant workers have an entitlement to Child Benefit and other "Family benefits" including Early Childcare Supplement (ECS) under EU Regulation 1408/71. Where a national of an EU State with a family is working in Ireland, the worker is entitled to payment of such benefits, even if the children are resident in the worker's home country.
Applications for family benefits from EU migrant workers who come to live in Ireland with their families are dealt with under domestic legislation. Entitlement to Child Benefit is based on the applicant satisfying the Habitual Residency condition and the child being ordinarily resident in Ireland.
Currently there are over 43,700 EU nationals in receipt of Child Benefit for 75,400 children who are resident with them in Ireland. Of these recipients, some 17,300 are UK nationals, some 10,100 are from Poland, with a further 11,300 recipients from the other States that joined the EU in 2004.
EU nationals who come to work in Ireland but whose families remain in their home country may have an entitlement to Family Benefits in Ireland under EU Regulation 1408/71. Before payment of Child Benefit is made for non-resident children it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what if any family benefits are payable there. This process can take a number of months to complete and, as a result, the number of claims that has been finalised to date is relatively small. The number of claims to Child Benefit in respect of non resident children of EU nationals averaged 300 per week in 2006 of which some 40% would also have had on entitlement to the Early Childcare Supplement. To date in 2007 the average is 220 per week, with the average over the last 2 months being 160 claims per week.
Child Benefit is currently in payment under EU regulations to 1280 families, in respect of 2985 children resident outside of the Republic of Ireland. Some 45% of these children are resident in UK with a further 40% resident in Poland.
The total child benefit expenditure for EU migrants with non resident children in respect of 2008 based on continuing average intake 220 per week is estimated at €114m or 5.2% of overall child benefit expenditure. The corresponding figures for early childcare supplement in respect of 2008, is €23m.
It is not possible to accurately predict how many of these cases will be put into payment as many of the claimants leave the country before their claims can be processed. The ongoing levels of immigration and the number of workers returning to their countries will impact on the levels of benefit to be paid.
135 Deputy Arthur Morgan asked the Minister for Social and Family Affairs his views on whether the State non-contributory pension personal rate of €200 per week is adequate for an adult when taking into account the cost of living. [20691/07]
One of the key objectives of the 2007 social welfare package was to protect and enhance the value of weekly rates of payment for pensioners in relative terms by giving increases which were well in excess of the projected rate of inflation for this year. The State Pension Non-Contributory was increased by €18 per week or 9.9% in the Budget. This level of increase was more than double the expected increase in the cost of living this year. The increase also met the Government's objective of bringing the rate of the basic State pension to €200 per week.
In considering the level of support available for pensioners, account must also be taken of other benefits available for pensioners, including the Household Benefits Package, Fuel Allowances, the Over-80 Allowance and, for pensioners living alone, the Living Alone Allowance.
As and from last January, the number of free units of electricity and gas paid under the Household Benefits Scheme increased by 600 units a year to 2,400 units, thereby protecting pensioners from the impact of increased electricity charges.
Also from January, the fuel allowance was increased by €4 per week to €18. This means that this allowance has doubled since January 2006. By any standards, the levels of increases and other improvements announced in the 2007 Estimates and Budget were exceptional and a further demonstration of this Government's commitment to pensioners in our society by delivering social welfare increases which are well in excess of inflation.
The new Agreed Programme for Government includes a commitment to further enhance income support for pensioners including a commitment to increase the rate of the basic State pension to €300 by 2012. I look forward to progressing this and other commitments for pensioners in a Budgetary context, having regard to available resources and the wider Government agenda.
136 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs when the promise to cut the main PRSI rate from 4% to 2% and the self-employed rate from 3% to 2% will be implemented; and if he will make a statement on the matter. [20719/07]
141 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs the estimated cost to the social insurance fund over the next five years, in terms of revenue foregone, of the planned cut in the main PRSI rate from 4% to 2% and the self-employed rate from 3% to 2%; and if he will make a statement on the matter. [20720/07]
610 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the amount in view of the fact that it has been indicated in the Programme for Government that the shortfall in revenue in the Social Insurance Fund resulting from the proposed cuts in PRSI rates will be made up by the Exchequer, that it is projected that the Exchequer will have to make up. [17254/07]
I propose to take Questions Nos. 136, 141 and 610 together.
Approximately 76 per cent of workers pay PRSI Class A and Class H at the rate of 4 per cent; their employers pay 10.75%. A further 11 per cent of workers pay social insurance contributions at the Class S rate. These contributions which are subject to various thresholds, allowances and ceilings, accrue entitlement to a range of benefits and pensions under various social insurance schemes. The current employee PRSI ceiling stands at €48,800 per annum.
It is estimated that a decrease in the employee PRSI rate from 4% to 2% would reduce Social Insurance Fund income by some €720 million in a full year. The abolition of the PRSI ceiling for ordinary employees would yield some €295 million in additional contribution income. A decrease in the self-employed PRSI rate (Class S) from 3% to 2% is estimated to cost approximately €220 million in a full year. Of course if introduced as a package, the combination of measures would give rise to a compound effect.
The effect over a five year period would be dependant on the sequencing of any changes to the PRSI rates. Clearly however, any reductions to PRSI rates would have the effect of reducing corresponding contributions to the Social Insurance Fund.
Traditionally social insurance spending has been funded on a tripartite basis with contributions coming from the exchequer, employers and employees. It should be noted that legislation provides that the Exchequer is the residual financier of the Fund and that Exchequer contributions to cover any shortfall in contributions were the norm for over forty years. No Exchequer contribution has been required since 1996 as the fund has been in surplus on foot of contributions from employers and workers. Any future shortfall in the cost of benefits paid would in the normal way be addressed by exchequer subvention.
Changes in PRSI contribution rates are considered in a budgetary context and any such changes would be announced in future budgets.
138 Deputy Olivia Mitchell asked the Minister for Social and Family Affairs the rate of public social expenditure here in comparison to that of the other EU countries; the EU average respectively; and if he will make a statement on the matter. [20788/07]
Eurostat, the Statistical Office of the EU, publishes comparisons of social protection expenditure as a percentage of GDP across the EU. This encompasses not only social welfare expenditure but also expenditure in areas such as health care, social housing, employment support programmes and other social inclusion programmes. The latest such statistics were published on 24 July 2007 and cover developments up to and including 2004. No comparable figures are yet available for 2005 or 2006.
When examining such data, it is important to remember that gross expenditure measures do not take account of social charges or taxes which may be levied on benefits after they are paid, nor do they include transfers made by means of tax concessions, as opposed to direct cash payments. For example, tax relief on contributions towards occupational and private pensions, which are an important feature of Ireland's pension system, is not counted as expenditure.
The EUROSTAT release draws attention to the fact the EU average masks major national differences in the structure of social protection funding, partly related to differing levels of wealth between countries, and also reflects differences in social protection systems, demographic trends, unemployment rates and other social, institutional and economic factors.
The level of expenditure is also significantly influenced by the age profile of the population. Ireland, currently with the youngest population in the EU, needs to spend less on pensions and healthcare/care of the elderly than most other member states.
In 2004, social protection expenditure accounted for 27.3% of GDP in the EU-25 countries. The corresponding ratio for Ireland was 17% — up almost 3 percentage points from 2000 (14.1%). Eurostat acknowledges that the very significant growth in GDP means that the large real increases in benefit rates and child income support introduced in recent years is somewhat masked. It further notes that the level of expenditure in Ireland is also significantly influenced by the lower proportion of pensioners and the reliance on private pension provision to supplement the State pensions and lower spending on unemployment benefits in the light of sustained low unemployment figures.
The fact is that under this Government there has been a sustained and substantial increase in social protection expenditure. The EUROSTAT report states that the increase in Ireland's per capita expenditure (7.8% per annum and the second highest of all EU countries, behind Hungary) from 2000 to 2004 in comparison to that of the EU as a whole (2.2% per annum), was "particularly marked". Moreover, it should be noted that social welfare expenditure will have increased substantially during the three year period from 2005 to 2007, Following the improvements announced in the 2007 Budget, overall spending on social welfare in Ireland in 2007 will be over EUR 15.316 billion — an increase of more than 13% from 2006. This is the highest ever spend on social welfare, and represents expenditure of nearly two and a half times the social welfare budget of EUR 6.2 billion in 1999.
This Government will continue to address the scope for further improvements in Ireland's social protection infrastructure, guided by the new National Anti Poverty Strategy, and the National Development Programme while at the same time continuing to take the measures necessary to maintain economic growth and competitiveness and thereby generate the resources for further social investment.
139 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs when he will publish the second actuarial review of the social insurance fund, provided for under the Social Welfare Consolidation Act 2005; the main findings of the review; when the review will be laid before Dáil Éireann; and if he will make a statement on the matter. [20717/07]
The second Actuarial Review of the Social Insurance Fund, which is required under Section 10 of the Social Welfare (Consolidation) Act, 2005, is being finalised. This is in accordance with the requirement that such reviews be carried-out at five-yearly intervals and be completed not later than five years after the date of completion of the previous review. The first Actuarial Review was published in 2002, and reflected the position of the Fund at the end of 2000.
The second Actuarial Review was completed by Mercer Human Resources Consulting in June, 2007. It was received by Government in July, 2007, and is currently under consideration. Under legislation it must be laid before the Oireachtas by early December, 2007; however it is anticipated that this will happen well in advance of this date.
The Social Insurance Fund provides insured contributors with pension benefits upon retirement — as a result of old age or incapacity — as well as a range of shorter term social welfare benefits. The Fund covers nearly all employees and the self-employed in Ireland — although some contributors are only covered for a limited range of benefits.
The current review was carried out by independent consultants who examined the financial condition and sustainability of the Fund at the end of 2005 — when SIF expenditure was €5.6 billion, income to the Fund was €6.1 billion and some 2.8 million persons were contributing into it.
In line with the Terms of Reference provided to the consultants the review covers the period from 2006 to 2061 and investigates the impact of increasing benefit rates and contribution limits in line with prices and with earnings.
In addition, the effects of adjusting the retirement age are explored, as are the potential financial impact on the social insurance system of a number of possible future developments. The review does not provide recommendations for policy action but rather attempts to illustrate likely trends over the period to 2061. The review was overseen by a steering committee comprised of officials from my own Department along with others from the Departments of Finance and Enterprise, Trade and Employment. Economic assumptions relating to the period of the review were agreed between the steering committee and the consultants — who also engaged an independent economist to assist in this process. Migration projections, based on the projections of the Central Statistics Office, were also developed in a similar fashion.
It is anticipated that the review will play an important role in the ongoing consideration of social insurance contribution rates, payments and possible future Exchequer subventions to the Fund.
143 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of people in receipt of the carer’s allowance, carer’s benefit and the respite care grant; and if he will make a statement on the matter. [20774/07]
Support of carers has been a priority of Government since 1997. Payments to carers have been greatly improved over that period and qualifying conditions for carers allowance have been significantly eased, coverage of the scheme has been extended, and new schemes such as carers benefit and the respite care payment have been introduced. The further development of support for carers continues to be a priority.
There are now 30,652 persons in receipt of Carer's Allowance. The number of persons in receipt of carer's allowance has increased by 9,326 since December 2003. 1,904 persons are currently in receipt of Carer's Benefit. To date 7,227 persons have been awarded the Respite Care Grant for 2007.
Following from enhancements in Budget 2007, from tomorrow people receiving a social welfare payment and providing care to a person needing full –time assistance may apply for a reduced rate Carers Allowance.
144 Deputy Arthur Morgan asked the Minister for Social and Family Affairs his plans to increase the rate of the living alone allowance. [20692/07]
The living alone increase is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people who are under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone.
The policy in relation to support for pensioners has been, for many years, to give priority to increasing the personal rates of pension rather than supplements like the living alone increase. The objective is to use resources to improve the position of all pensioners to the fullest extent possible rather than focusing on particular groups. This approach was continued in Budget 2007 with increases of up to €16 and €18 per week granted on personal rates. The policy is subject to review and I will consider the position in the context of the next budget.
146 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs his plans to remove the habitual residency clause from the conditions applicable to payment of child benefit as it would be in the best interests of children. [20695/07]
Child benefit may be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the 19th birthday if the child is in education, or incapable of self-support. The benefit is paid to the qualified person with whom the child resides and the qualified person must satisfy the Habitual Residence Condition.
The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.
EU Regulations provide that EEA nationals who are migrant workers, i.e. who are employed or self-employed in this country, or who are receiving Irish Jobseeker's benefit since being in employment here, are entitled to payment of family benefits in respect of their families who reside in another Member State. Under these Regulations the family members are treated as if they are habitually resident in Ireland for the purpose of child benefit.
Between January and the end of August 2007, a total of 28,542 decisions were made on new child benefit claims. Of these 3,430 (12%) required particular examination of the habitual residence condition. 90% of these satisfied the condition and only 341 (10%) were refused as this condition was not satisfied. In effect just over 1% of the total number of decisions on new child benefit claims failed to satisfy the habitual residence conditions.
Those who are refused child benefit are mainly persons whose claim to asylum has not yet been decided, others who have not obtained a work permit, or persons who have had only a minimal or no attachment to the workforce since coming to Ireland.
I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State.
150 Deputy Joan Burton asked the Minister for Social and Family Affairs if he will accept the recommendation of the Law Reform Commission that same sex cohabitants should be treated in the same way as opposite sex cohabitants for social welfare payments; and if he will make a statement on the matter. [20727/07]
The recommendation of the Law Reform Commission arose from one of two important pieces of work regarding different types of partner relationships and how they should be treated and recognised in Irish society. The first report an ‘Options Paper, presented by the Working Group on Domestic Partnership to the Minister for Justice, Equality and Law Reform, focuses on different types of cohabiting relationships, both same and opposite sex, and presents a range of options with regard to giving legal recognition to these relationships. Officials from my Department contributed to the work of this Group.
The second report — the ‘Report of the Law Reform Commission on the Rights and Duties of Cohabitants' — makes substantial recommendations for reform of the law concerning cohabitants including both opposite sex or same sex couples who live together.
These reports come at a time of wide public debate on the question of according legal status to cohabitants generally, and same sex couples in particular, and will contribute to the informed debate on these important topics.
My own Department is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). The review will examine the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act, including: gender, sexual orientation, marital status and family status that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.
This work, together with the reports I have referred to, will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of citizens and is equitable in meeting those needs.
152 Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the number of children that benefited from the back to school clothing and footwear allowance in 2007; if he will extend the duration within which people can apply for this allowance; and if he will make a statement on the matter. [20773/07]
155 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of applications for payments under the back to school clothing and footwear allowance scheme in 2007; the way this compares with 2006; if has satisfied himself with the level of take up under the scheme; and if he will make a statement on the matter. [20713/07]
613 Deputy Jack Wall asked the Minister for Social and Family Affairs the amount of back to school allowance paid out by his Department; the amount not claimed; and if he will make a statement on the matter. [21068/07]
I propose to take Questions Nos. 152, 155 and 613 together.
The back to school clothing and footwear allowance (BSCFA) scheme operates from the beginning of June to the end of September each year and is administered on behalf of my Department by the Community Welfare division of the Health Service Executive.
As the BSCFA scheme will be running to the end of September, final figures in relation to the numbers of applications received and awarded for 2007 are not yet available from the HSE. Current indications are that more than 82,000 families with 174,000 children will benefit from the scheme this year at a cost of some €38m. This is an increase on the 2006 figures when 78,750 families with 161,450 children benefited at a cost of €23.5m. This increase can be mainly attributed to improvements in income disregards introduced this year and the significant level of publicity given to this scheme in the media and through the information services operated by my Department. The Department has increased its publicity in this area to ensure that as many families as possible are aware of the scheme.
Applications for the allowance may be made between the beginning of June and the end of September each year. In dealing with the large volume of applications received, the Health Service Executive deploys additional staffing resources for the duration of the scheme during the June to September period. This period was designated as it is the time that parents are preparing and budgeting for back to school expenditure. As the principal objective of the scheme is to assist eligible families with the extra costs when their children start school each autumn, the most practical time to implement the scheme is in the lead up to each new academic year.
The HSE may under the Supplementary Welfare Allowance scheme make exceptional needs payments in the case of late BSCFA applications. Accordingly, I have no plans to extend the period of application beyond September.
158 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the steps he will take to address the concerns highlighted in the Annual Report of the Social Welfare Appeals Office that inadequate information and explanations had been given to customers who had unsuccessful claims and the failure by some deciding officers and social welfare inspectors to attend oral appeals; and if he will make a statement on the matter. [20712/07]
The report to which the Deputy refers was produced by the Social Welfare Appeals Office (SWAO) of my Department in accordance with legislative requirements. It contains details of the activities of the office in 2006 as well as commentary on other issues which arose during the year. As I previously stated on 29 June 2007, I welcome the continued commitment of the SWAO to provide an accessible and independent review mechanism for people who wish to appeal against decisions made by my Department. My Department makes every effort to deliver entitlements to people in accordance with the legislation.
However, considering that in 2006 my Department made over one million payments per week that benefit more than 1.5 million people, and received 1.75 million claims for statutory social welfare schemes, it is understandable that there will be some people who will not agree with decisions made on their entitlements. The number of appeals received (13,800), when viewed in the context of the number of claims received, less than 1% of all new claims, is small. In 2006, slightly more appeals were processed than were received and of the 14,006 appeals finalised, favourable decisions were made in 6,439 cases.
The report highlights that 46% of appeals had a successful outcome for the appellant. It refers to the fact that of the 6,439 favourable decisions on appeal cases, almost half of these decisions (3,199) were in fact revised decisions made by statutorily appointed Deciding Officers of my Department, who reviewed the claim following the initial disallowance. These revised decisions arose as a result, in many cases, of new facts or fresh evidence produced by the claimant after the original decision on his /her claim. In such cases an Appeals Officer decision was not necessary. In addition, it should be noted that of the 9,100 appeals decided by Appeals Officers, a total of 5,860 (64%) upheld the original decision of the Deciding Officer.
Customers whose claims are disallowed or who are disqualified from payment or awarded social welfare at a reduced rate are informed that if they have any new fact or evidence that has a bearing on their case, they should send it in the first instance to the Deciding Officer for re-examination and, if appropriate, for revision of the decision. They are informed that this right is in addition to their right of appeal to the SWAO. They can seek a Deciding Officer review before making an appeal or can do both concurrently. The right of appeal to the SWAO remains an option if the review by the Deciding Officer is not fruitful.
The success of the Deciding Officer review process has been highlighted in a number of annual reports of the SWAO. In the Annual Report 2002, for example, the contribution which the Deciding Officer Review process made in reducing the overall number of appeals that were received in the SWAO was noted. The 2005 Annual Report also highlighted the success of this strategy.
The role of the statutorily appointed Deciding Officer is to decide entitlement to statutory social welfare schemes and insurability of employment in accordance with the legislation. To assist Deciding Officers in their role, guidelines relating to all aspects of decision-making and Social Welfare legislation are issued and regularly updated by my Department. In addition, training is provided to Deciding Officers on their statutory obligations and the application of principles of natural justice and fair procedures.
The need for transparency in the decision-making process by Deciding Officers is also provided for in legislation. Regulations provide that decisions on social welfare claims must be set out in writing and, where the decision is unfavourable, the reasons for the decision must also be recorded and included in the notification to the person concerned. Therefore, when a Deciding Officer has reached a decision, which is unfavourable to the claimant, s/he must give the grounds for the decision, that is, the statutory condition which is not fulfilled; and the reason why the grounds are not met.
In its guidelines and training, the Department incorporates instructions relating to Appeal procedures. Deciding Officers and Social Welfare Inspectors are advised to attend, or arrange for a representative from the area to attend, an oral hearing when so requested by the Appeals Officer.
My Department has regular meetings with the Social Welfare Appeals Office to discuss matters of interest and concern. These ongoing discussions are referred to in the Annual Report. Arising from such discussions, guidelines, procedures and practices are reviewed and changed where necessary. The conditions of entitlement are kept under review and my Department has been involved in various reviews of schemes as part of its annual business plans.
159 Deputy Pat Breen asked the Minister for Social and Family Affairs his view on the recommendations made by CORI in its socio-economic review 2007; and if he will make a statement on the matter. [20797/07]
The CORI review Addressing Inequality, which was published earlier this year, is currently being examined by my Department. The review analyses the current social and economic position in the country under twelve different headings including income, taxation, work, public services, migration, social participation and sustainability. It sets out a wide range of recommendations under each of these headings to ensure economic development, social equity and sustainability in the medium to long term.
Building an inclusive society continues to be a key priority of the Government. This is evidenced in the National Partnership Agreement, Towards 2016, which was agreed last year by Government and the social partners, including CORI as a member of the Community and Voluntary pillar. The National Action Plan for Social Inclusion (NAPinclusion) which was published earlier this year and the social inclusion elements of the National Development Plan, set out a detailed programme of action and demanding targets for achieving greater social inclusion during the period 2007 to 2016. The preparation of the NAPinclusion involved a wide ranging consultation process with key stakeholders including CORI.
The new Agreed Programme for Government builds on these programmes and contains important commitments in relation to pensioners, carers, children and others relying on social welfare incomes.
We will continue to face the challenges of tackling poverty and social inclusion. Significant and visible progress has been made over the last 10 years and I am confident that we can continue to achieve a similar scale of progress in the coming years towards achieving the fairer Ireland sought by CORI.
160 Deputy Dinny McGinley asked the Minister for Social and Family Affairs his views on the statement by the Combat Poverty Agency in its annual report that over one in ten children are living in consistent poverty, that Ireland’s level of child poverty remains high by European standards and that Ireland has a relatively low level of service provision for families and children; the measure he will take to alleviate child poverty in view of same; and if he will make a statement on the matter. [20789/07]
182 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs his views on the recent annual report of the Combat Poverty Agency and particularly the finding that Ireland has the third highest level of child poverty in the EU; the steps he will take to address this situation; and if he will make a statement on the matter. [20708/07]
I propose to take Questions Nos. 160 and 182 together.
The annual report of the Combat Poverty Agency for 2006 which I launched on 4 September, 2007 contains details of the progress made by the Agency on its strategic plan ‘Working for a Poverty-Free Ireland'. It contains inter alia details of its findings in relation to child poverty and it highlights the importance of services such as health, education and services for families in tackling poverty and promoting social inclusion.
The reduction and eventual elimination of child poverty is a top priority for the Government. It is at the core of the strategic process to combat poverty and social exclusion and this is reflected in the National Action Plan for Social Inclusion (NAPinclusion) and the social inclusion commitments in the National Development Plan (NDP). This strategic process was developed in consultation with the social partners and after wide ranging consultation with other stakeholders. The NAPinclusion adopts a lifecycle approach, in line with Towards 2016 . The purpose is to promote a coordinated and integrated approach to dealing with the specific needs of each lifecycle group across all relevant policies and among the institutions at both national and local levels responsible for implementing these policies. Specific measurable goals are set for each group.
State support for children and their families is essential, especially in the case young couples in the early stages of their working lives when earnings are lower and outgoings higher than is the case at later stages of the lifecycle. Four of the twelve high level goals in the NAPinclusion, therefore, focus on providing significant real increases in income supports for children and on targeted education initiatives. Children growing up in low income or jobless households are the most vulnerable to poverty. Care of children can create obstacles to accessing employment, especially employment that is full time and well paid. The most vulnerable groups in this regard are lone parents and larger families with 3 or more children. The most effective approach is to remove the obstacles to employment and create real incentives that will enable these parents to achieve a satisfactory work/life balance. This approach requires facilitating both care for children and employment participation that provides a decent income. The NAPinclusion provides in the case of the Working Age lifecycle for a case management approach that will put the necessary supports in place to enable parents in vulnerable situations to overcome obstacles to achieving this work/life balance. It requires, in particular, appropriate income support, child care services, and education and training, all of which are being provided for in the NAPinclusion and the NDP.
The Combat Poverty Agency report compares child poverty rates across Europe using the relative income poverty or ‘at risk of poverty' measure, which is used extensively for international comparisons. However, the limitations of this poverty indicator, based just on income, are now recognised internationally. There is a consensus emerging that it should be complemented by an indicator that measures non financial material deprivation. It is considered that this approach would provide a clearer and more accurate measure of actual poverty and the vulnerable groups who are experiencing it. A recent OECD Study is one of the first to provide international comparisons of the proportion of households experiencing non financial material deprivation and some of the findings are included in its 2006 edition of Society at a Glance. It uses a much wider series of deprivation indicators than that used, for example, for the consistent poverty indicator in Ireland and is not confined, as in Ireland, to those classified as a t risk of poverty.
It shows nevertheless that the levels of material deprivation in Ireland across virtually all the various indicators are below and, in some cases, well below the average for OECD countries. Virtually all countries with low levels of deprivation also shown to have high levels of GDP per capita and Ireland is among that group of countries. This underlines the key importance of economic growth and the high levels of employment it creates in reducing poverty.
Significant progress has been made in reducing child poverty over the past decade. The latest EU-SILC survey shows the proportion of children in consistent poverty has reduced from 12.2 per cent in 2003 to 10.2 per cent in 2005. The Government is determined to build on this progress. The social welfare commitments in the Programme for Government prioritise the objectives of the NAPinclusion. They include; improvements in support for Lone Parents; in the State Pension and the Carers Allowance, in Child Benefit and in the Back to School Clothing and Footwear Allowance and the School Meals Programme. Support for the Office for Social Inclusion is a key commitment, in particular, for its work to progress the use of poverty impact assessments by government departments, local authorities and statutory agencies in the development of policies and programmes and the delivery of services to ensure that the Government's social inclusion agenda is achieved. My plans, in working with Government to deliver the programme over the coming years, are to build on the significant and visible progress already made in reducing child poverty. This will be a key part of the commitment in the NAPinclusion to reduce consistent poverty to between 4% and 2% by 2012, with the aim of eliminating it by 2016. It will involve, in particular, delivering real improvements in living standards and well-being for the most vulnerable in our society, especially our children.
162 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to introduce phased retirement which allows workers a greater say in their retirement age; and if he will make a statement on the matter. [20805/07]
It is important that those who wish to continue in employment after normal retirement age should, as far as is possible, be facilitated and supported. Longer working can play an important role in ensuring that our pensions system is sustainable in the future and can be beneficial to the individual. The Green Paper on pensions will include an examination of the issues surrounding retirement age and the barriers faced by older workers who wish to remain in employment.
In the context of the Green Paper on pensions and the Agreed Programme for Government, I will be seeking to introduce flexibilities into the social welfare pensions and social insurance systems to encourage and facilitate longer working.
However, changes to social welfare pensions represent only one aspect of the responses which will be needed in this area.
In order for changes in the pensions area to have an impact we require a change in attitudes in relation to longer working from both employers and employees. At the workplace level employers must seek to retain older employees and create the working conditions which will make longer working both attractive and feasible for older workers.
These issues, together with the question of allowing employees choices in relation to the age at which they retire, are matters for my colleague the Minister for Enterprise, Trade and Employment.
163 Deputy Billy Timmins asked the Minister for Social and Family Affairs the details of the new social assistance payment for lone parents which is under development in his Department; and if he will make a statement on the matter. [20794/07]
A recommendation for the introduction of a new social assistance payment was included in the Government discussion paper, "Proposals for Supporting Lone Parents." The discussion paper also put forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the National Employment Action Plan to focus on lone parents; focused provision of childcare and improved information services for lone parents. It also proposed the abolition of the cohabitation rule as a condition for receipt of the proposed social assistance payment.
The proposal for the new social assistance payment arose from a review of the One-parent Family Payment (OFP) carried out in my Department. This review focused on the effectiveness of current income support arrangements with due regard to:
the needs of lone parents and their children,
the desire to avoid long term dependency on social welfare income support and
the appropriateness of the current scheme in light of the changing external environmental in which it is operating.
The new payment which is proposed for lone parents and other low income families will replace the current one payment family payment and the qualified adult allowance in social assistance. The details of the scheme and how it might operate are being addressed by a working group in my Department. Proposals being examined include time limiting payments, possibly up to the time the youngest child reaches 8 years of age.
Other issues being examined include an activation programme which would involve engagement by a facilitator with the customer from an early stage, to examine and identify their education and skill needs.
Parents not in employment when the child reaches age 8 will be entitled to apply for job seekers allowance, back to work allowance or back to education allowance.
A test of the non-income and activation elements of the proposal is due to commence shortly. Decisions regarding the new payment scheme will follow completion of this test.
166 Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs if he will confirm that arrangements are being put in place to retain the social welfare branch office in Dunmanway; and the arrangements being put in hand in this regard. [20558/07]
My Department delivers a front-line service to its customers through a network of 59 Local Offices and 66 Branch Offices countrywide. The services provided from these offices include jobseekers payments, One-parent Family Payment and a customer information service. The 59 Local Offices are staffed by departmental staff. The 66 Branch Offices are run by branch managers who are employed under a contract for service by the Department to administer certain Social Welfare services to members of the public in their catchment area.
Due to the sad and untimely death of the Branch Manager in Dunmanway an arrangement had to be put in place immediately to ensure continuity of service to customers. The number of customers involved include approximately 230 in receipt of a jobseekers payment and a further 120 on farm assist, back to work and pre-retirement allowance. These customers are being facilitated by neighbouring local offices and branch offices closest to where they live.
In keeping with normal procedures when a branch office post becomes vacant, a review of the delivery of social welfare services in the area served by the branch office is undertaken to determine the most effective way of providing these services in the future. The review in respect of Dunmanway is expected to be completed in a month or so.
167 Deputy Paul Connaughton asked the Minister for Social and Family Affairs the number of carers under the age of 18; and if he will make a statement on the matter. [20785/07]
175 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs his plans to assist carers under the age of the age of 18; and if he will make a statement on the matter. [20784/07]
616 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 4 of 11 May 2006, if the senior officials group on long term care have examined the issues faced by young carers; the action that has been taken or is planned to be taken as a result; and if he will make a statement on the matter. [21122/07]
617 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 4 of 11 May 2006, if his Department has begun research or has commissioned research to be undertaken on the issue of young carers; if not, when his Department will undertake such research; if so, the areas which will be examined; when he expects this research to be completed; and if he will make a statement on the matter. [21124/07]
618 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question Nos 19, 46 and 68 of 9 February 2006, if his Department has completed its consideration of Barnardos’ research on young carers; if not, when he expects it to be completed; if so, the details of the findings of same; the action he will to take as a result; and if he will make a statement on the matter. [21125/07]
619 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question Nos 19, 46 and 68 of 9 February 2006, if he has examined the possibility of extending the carers allowance to young carers aged 16 and 17; the details of decisions taken as a result; and if he will make a statement on the matter. [21126/07]
620 Deputy David Stanton asked the Minister for Social and Family Affairs the action she is taking to improve the situation of young carers by means of providing supports, services and assistance; and if he will make a statement on the matter. [21129/07]
I propose to take Questions Nos. 167, 175, 616 to 620, inclusive, together.
According to Census 2002 almost 3,000 people between the ages of 15 and 17 are providing unpaid care in the home of which over 2,600 or 89% are still in formal education. Over 300 people aged in that age group provide over 4 hours of care per day with over 200 young people provide a minimum of 43 hours of care per week.
My Department provides income support to carers by way of carer's allowance, carer's benefit and the respite care grant. The respite care grant, which is an annual payment for carers who look after certain people in need of full-time care and attention, is payable from age 16. The payment is made regardless of the carer's means or social insurance contributions but it is subject to certain qualifying conditions. From June 2007 the value of the grant was increased from €1,200 to €1,500 per year in respect of each care recipient. Carer's allowance, which provides income support to people who are providing certain older people or people with a disability with full time care and attention and whose incomes fall below a certain limit, is payable from age 18.
My officials have examined the report "Caring Before Their Time? Research and Policy Perspectives on Young Carers" which was published by Barnardos and the Children's Research Centre. I accept that special help, advice and support is essential for young carers in particular and that services must be put in place to support the household and to ensure that young carers remain at school. These include the services of home helps, public health nurses and home care packages generally, which are a matter for my colleague, the Minister for Health and Children. Recent Budgets have provided for a significant increase in the funding of these services. Indeed, one of the recommendations of that report was that policy relating to young carers should be a matter for the Department of Health and Children with services being delivered by the Health Service Executive.
As you are aware the Working Group on Long Term Care was established by the Minister for Health and Children and my predecessor Minister Brennan in January 2005 to identify the policy options for a financially sustainable system of long-term care. It comprises senior officials from the Departments of Finance, Health and Children and my own Department. My officials have brought the issue of young carers to the attention of the Working Group. The report of that Working Group is being considered by Government.
The national partnership agreement "Towards 2016" includes a commitment to a study of the extent to which children undertake inappropriate care roles in order to establish the extent and degree to which this issue arises and the levels of impact it has on the lives of children concerned. This commitment to further research is in line with the recommendations of the Barnardos report. Based on the outcome of this study and an analysis of the issues identified, a programme of in-home supports will be developed to alleviate specific problem areas identified for children. It is intended that all relevant Departments will be involved in this study. My Department which does not have the lead role with regard to this research will engage with it as appropriate.
I am always prepared to consider changes to existing arrangements where these are for the benefit of recipients and financially sustainable within the resources available to me. However, I consider that it is through the provision of health and education services rather than income that we can best support young carers.
170 Deputy Simon Coveney asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to urgently examine the introduction of free travel for Irish citizens of pension age particularly those resident in the UK when visiting Ireland and press the European Commission to examine a similar EU wide scheme; and if he will make a statement on the matter. [20810/07]
The free travel scheme is available to all people living in the State aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, also receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security invalidity or disability payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel.
There have been a number of requests and enquiries in relation to the extension of entitlement to free travel in Ireland to Irish born people living outside Ireland, or to those in receipt of pensions from my Department, particularly in the UK, when they return to Ireland for a visit.
Legal advice indicates that it would not be possible to extend entitlement to free travel simply to Irish born people living abroad as to do so would be contrary to European legislation which prohibits discrimination on the grounds of nationality. More recently, the European Commission has indicated that to extend the scheme to people in receipt of an Irish pension could also be considered discriminatory.
My predecessor Minister Brennan raised this issue with Commissioner Špidla last year and officials from my Department met with European Commission officials on a number of occasions in an effort to clarify the legal issues involved.
I will keep this issue under review in order to determine how best to advance our Programme for Government commitments.
171 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the number of people in receipt of the family income supplement; the status of his Department’s research project to examine factors behind the low level of uptake for the scheme; when this research project will be concluded; and if he will make a statement on the matter. [20795/07]
The Family Income Supplement (FIS) provides income support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments. Improvements introduced as part of Budget 2007 continued the re-focusing of income thresholds to provide additional gains for larger families. There are currently some 20,250 people in receipt of FIS.
The reasons for the lack of take-up of FIS have been the subject of significant Parliamentary and other enquiry. In response, my Department undertook a nationwide awareness campaign in March 2006 to promote and encourage increased take up of the scheme for working families on low incomes. This extensive week-long campaign included advertising on TV, on national and local radio and in the national and regional press. A nation-wide poster campaign was also undertaken. As a result, the take up of FIS was substantially increased.
The second element to address FIS take up issues is the commissioning of research to examine factors behind the level of take up for the scheme. A procurement process was initiated for consultancy assistance with this project but following a review a new procurement process has been initiated. A request for tender (RFT) for consultancy assistance is being finalized by my Department and is expected to issue during the month of October via the e tenders website.
174 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs his legislative priorities for the 30th Dáil; and if he will make a statement on the matter. [20722/07]
186 Deputy Martin Ferris asked the Minister for Social and Family Affairs the details of legislation he plans to introduce in the next Dáil year; and the dates of same. [20694/07]
I propose to take Questions Nos. 174 and 186 together.
My immediate plans entail the progression of two legislative initiatives over the coming months. These are the Social Welfare Bill 2007, and the Social Welfare and Pensions Bill 2008.
Immediately following the Budget Statement by the Minister for Finance in early December, I will introduce the Social Welfare Bill 2007 to the House. This Bill will provide for the implementation of Budget increases in social welfare payments, any amendments to PRSI, consequent on Budget 2008, and any other changes to the Social Welfare Code which would, in the normal course, be scheduled to take effect from January, 2008.
The second Bill, the Social Welfare and Pensions Bill 2008 will provide for any residual amendments to the Social Welfare schemes consequent on the Budget 2008 which are not provided for in the Social Welfare Bill 2007, and any additional measures requiring a basis in legislation. This Bill will also provide for any amendments to the Pensions Act 1990, which are required in relation to occupational pensions and personal retirement savings accounts, as a result of the on-going consultation between the Department and the Pensions Board. This Bill is provisionally scheduled for publication early in 2008.
It is also my intention to submit a Memorandum to Government, seeking permission to draft legislation to enact the proposals contained in the Government discussion paper on "Proposals for Supporting Lone Parents". The purpose of this Bill will be to provide for the introduction of a new means-tested payment for lone parent and other families on low incomes, which will replace the One-Parent Family Payment.
176 Deputy Pádraic McCormack asked the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to extend the amount those in receipt of the State non-contributory pension are allowed to earn without it affecting their pension entitlement; and if he will make a statement on the matter. [20806/07]
A disregard of €100 per week of earnings from employment was introduced at the end of September 2006 for the purposes of the State Pension Non-Contributory. To further encourage State pensioners to participate in the workplace, the disregard was doubled, from €100 to €200 per week with effect from January 2007.
While labour force participation by people aged 55-64 years is increasing in Ireland and is the sixth highest of the twenty seven EU countries, participation by people over 65 years has been declining over many years. I would expect that the doubling of the disregard should act as a further incentive to pensioners to return or remain in the workforce. It should also help address the concerns of pensioners about reductions in pensions and benefits, along with affording them the opportunity to increase their weekly income and standard of living. An Agreed Programme for Government contains a commitment to further extend the amount those in receipt of the State Non-Contributory Pension are allowed to earn without it affecting their pension entitlement. I look forward to progressing this commitment in a Budgetary context, having regard to available resources.
177 Deputy Joe Costello asked the Minister for Social and Family Affairs the number of Irish nationals who have been refused social welfare payments under the two year habitual residence requirement introduced in 2004; the number of persons, other than Irish nationals who have had payments refused on the same grounds; if he has plans to review or relax the restriction; and if he will make a statement on the matter. [20728/07]
The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1st of May 2004.
The basis for the restriction is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.
Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by Deciding Officers at local level throughout the country. Complex cases that require detailed consideration are sent to a central section in Dublin or are examined in dedicated units in the scheme areas.
For the period from 1 May 2004 to 31 July 2007, the number of habitual residence complex cases decided was 56,366. The number of applications decided in respect of Irish citizens was 14,358, of which 1,387 (10%) were disallowed. The number of cases decided in respect of persons other than Irish nationals was 42,008 of which 12,505 (30%) were disallowed.
Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a Deciding Officer has the right to appeal to the Social Welfare Appeals Office.
Nationals of the European Economic Area (EEA) who take up employment in the State are protected under the EU Regulations governing social security for migrant workers. Migrant workers from outside the EEA qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The habitual residence condition does not apply in these cases. Such workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.
The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it.
The reason for the introduction of the habitual residence condition in May 2004 was to ensure that persons who have not worked in Ireland or who have not established habitual residence in Ireland should not avail of assistance schemes or child benefit.
The operation of the condition was reviewed by my Department in 2006 and it is not proposed to introduce any changes to the current policy in this regard as the original reason for the policy is still valid.
178 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs if he is satisfied that there are adequate resources in the social insurance fund to fund the proposed increase in pensions to at least €300 per week; if he will provide an indication of the anticipated level of increase in Budget 2008; and if he will make a statement on the matter. [20721/07]
The Programme for Government contains a commitment to ‘Increase the basic State pension by around 50% to at least €300 per week by 2012'. Changes to pension rates are considered in a budgetary context and will be announced in the forthcoming budget. It is estimated that the cost of increasing contributory pensions, which are financed through the Social Insurance Fund, to €300 would be €1,705 million in a full year. The exact effect of such an increase on the Social Insurance Fund would be contingent on the sequencing of changes to pension rates of the period to 2012 but, in the short term, the Fund has sufficient resources to provide for such an increase. However, over the medium term such a change would have the effect of eroding the current surplus of the Social Insurance Fund.
180 Deputy Martin Ferris asked the Minister for Social and Family Affairs his plans to make the warmer homes schemes piloted by Waterford local authorities a permanent initiative throughout the State; the date on which he plans to initiate this scheme; and when a decision will be made. [20693/07]
The Warmer Homes Scheme is operated by Sustainable Energy Ireland and matters relating to that scheme are a matter for my colleague, the Minister for Communications, Marine and Natural Resources. The aim of the national fuel scheme, administered by my Department, is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their additional heating needs during the winter season. It is estimated that some 286,200 households will benefit under the scheme in 2007 at an annual cost of €161.5m.
Given the significant annual cost of the fuel allowance, Budget 2006 provided for a grant of €2m to Sustainable Energy Ireland for fuel poverty research. The rationale was that while my Department was making payments to people to meet their heating needs through primary social welfare payments and the Fuel Allowance scheme, the benefit of these payments was considerably offset where people were living in poorly insulated homes. The budget grant was intended to complement the Fuel Poverty Action Research Project which is being carried out in Cork and Donegal in a joint operation funded entirely by Combat Poverty Agency and Sustainable Energy Ireland.
Sustainable Energy Ireland are using the €2m grant to undertake a project for owner occupied dwellings in Waterford city and county. The work being carried out includes both insulation and heating measures (a "whole house" approach) and is broader in approach than their current Warmer Homes Scheme which provides insulation only. The grant is to cover the cost of setting up the project, arranging for remedial work to be carried out on approximately 460 houses, conducting research surveys, analysing the resultant data and submission of a formal report. The report will, among other things, assess the impact of the work undertaken in individual homes at a point twelve months after the work is undertaken. As the remedial work stage is now being completed, the report will be compiled towards the end of 2008.
The grant of €2m to SEI is a once-off payment for research purposes. Any expansion of this initiative would have to be considered in the context of the budget and in the light of the eventual research results from the project.
181 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the application by a person (details supplied) in County Kerry for carer’s allowance; and if he will make a statement on the matter. [20270/07]
The person concerned has been awarded Carer's Allowance in respect of two care recipients with effect from 22 February 2007. She has also qualified for the Respite Care Grant for 2007 of €3,000. The person concerned has qualified for a free travel pass and her entitlement to the Household Benefits package will be assessed on receipt of a completed application form; a form is being forwarded directly to her.
The Carers payment will be lodged to her nominated bank account on 27 September 2007. Arrears of allowance due will issue shortly after this date.
This person had previously been refused carer's allowance on the grounds that, having examined all the medical evidence submitted in the case, the Department's Chief Medical Adviser expressed the opinion that the care recipients were not so disabled as to require full time care and attention as prescribed in regulations. However, following the receipt of an appeal the case was reviewed and Carers Allowance was awarded. Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.
183 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs his plans to combat food poverty; and if he will make a statement on the matter. [20718/07]
My Department through its various social insurance and assistance schemes provides income supports to people to meet their basic living needs, including food, clothing, heat and light.
Supplements are also payable in certain circumstances for specific needs, for example fuel allowances, rent supplements, living alone allowance for older people or the household benefits package for pensioners, eligible disabled people and carers. Where people on low incomes have particular medical conditions or dietary requirements, diet supplements are available through the supplementary welfare allowance scheme which is administered on my behalf by the Community Welfare division of the Health Service Executive. It is expected that expenditure on diet supplements will amount to €5.5 million this year and benefit over 10,000 people.
My Department also provides funding for school meals through two programmes, the urban school meals scheme and the local projects scheme. The urban school meals scheme operates in conjunction with certain local authorities and is co-funded by my Department.
The local projects scheme provides funding to secondary, national, pre-schools and community groups in both urban and rural areas who provide school meals.
For families with school-going children, school meals can make a real and important contribution to ensuring that children receive better nutrition. Such services can also contribute to improved school attendance and quality of learning. Expenditure on the schools meals programme for 2006 was €13.6 million and benefited some 125,000 pupils in approx 1,400 schools in 2006. Expenditure on the scheme in 2007 will exceed €20m benefiting over 165,000 pupils in over 1,800 schools. The number of meals being provided on a daily basis to disadvantaged children through the school meals local projects scheme doubled from 89,915 in the school year 2005/2006 to 179,660 in the school year 2006/2007.
A report entitled "Food Poverty and Policy" published in 2004 by the Combat Poverty Agency, Crosscare and the Society of St Vincent de Paul defined food poverty as "the inability to access a nutritionally adequate diet and the related impacts on health, culture and social participation". The Healthy Food for All Initiative awareness campaign followed a report entitled "Food Poverty and Policy" published in 2004 by the Combat Poverty Agency, Crosscare and the Society of St Vincent de Paul defined food poverty as "the inability to access a nutritionally adequate diet and the related impacts on health, culture and social participation". The Healthy Food for All Initiative awareness campaign followed on from the Food Poverty and Policy report. My Department is currently involved with the Healthy Food for All Initiative in plans to draw up a best practice code for school meals.
Healthy eating is affected by dietary and nutritional awareness, cultural attitudes and access to good quality grocery shopping, as well as to the adequacy of social welfare income supports. In recent years, budgetary increases in social welfare payment rates have consistently exceeded increases in the cost of living. This key policy is the primary focus of Budget allocations to my Department each year, and it has helped ensure that those depending on social welfare experience real improvement in their ability to meet their basic needs, including provision of adequate food, heating, etc.
In this regard, consumer price index information from the Central Statistics Office indicates that the cost of food and non-alcoholic beverages has increased by 2.7% over the past 12 months. From December 2001 to date, food and non-alcoholic beverages increased by just 6.6% in aggregate while increases in social welfare payment rates increased by between 61% and 77% in the same period. As overall total inflation for the main categories of beneficiaries amounted to less than 23% in that period, there has been a very significant real increase in purchasing power for people on social welfare.
I am satisfied that the policy of providing substantial real increases in primary social insurance and assistance payment rates has been effective in ensuring that those who depend on social welfare income have sufficient income for healthy food.
184 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the average time it takes to process a new family income supplement claim; the number of new claims and renewals awaiting decision; and if he will make a statement on the matter. [20796/07]
The Family Income Supplement (FIS) scheme is designed to provide cash support for employees on low earnings with families. Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. My Department has consistently publicised the scheme in order to maximise uptake by qualified families. Following significant improvements in the qualifying income limits in the 2006 budget, my Department undertook a week-long, nationwide awareness campaign in March of that year to encourage increased take up of the scheme. This, combined with the improvements in the income limits, resulted in a strong upward trend in the level of new claims. There are currently 20,247 people in receipt of FIS payment.
Family Income Supplement is paid for 52 weeks provided a person continues to meet the qualifying conditions but a claim for renewal may then be made. The upward trend in new claims is also reflected in renewals. This has resulted in an increase in the number of claims to be processed in my Department. To date in 2007, my Department has received 26,898 new and renewal FIS claims and has decided a total of 20,916 cases. At 14/09/2007 there were 10,604 claims awaiting decision; 4,317 new claims and 6,287 renewal claims. The average time it takes to award a FIS claim or renewal in 2007 (up to end of August) is 14.52 weeks. My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. Measures have been taken to improve claim processing times for FIS: A review of existing processes and procedures has been completed by my Department with the explicit objective of reducing delays in claim processing; Priority is being given to claims where a claim is being renewed to ensure continuity of payment; The ongoing staffing requirement was recently reviewed in the light of the current volumes of claims and renewals.
These measures will, over time, lead to more efficient processing and reduce the number of claims on hand. The position will be closely monitored and kept under review by my Department.
185 Deputy Mary Upton asked the Minister for Social and Family Affairs the progress made with regard to the commitment made in the Programme for Government to integrate the tax and social welfare systems fully to allow for more efficient data and money transfer mechanisms and provide for a fully integrated PPS system; and if he will make a statement on the matter. [20714/07]
My Department has taken a lead role over the years in developing and implementing identity management policies and procedures based on the use of the Personal Public Services (PPS) number. This number was previously known as the Revenue and Social Insurance (RSI) number. The name was changed to indicate the broadening of its role to one which supports delivery of a broader range of public services but it is also still used for its original core purpose of providing a common identifier for the Revenue Commissioners and this Department.
As well as facilitating wider-scale exchange of information, the PPS number also has a role in the development of on-line services for individuals. My Department provides identity related services to a number of agencies in accordance with legislation. Building on these services, the Department constructed Public Service Identity (PSI) services to assist agencies in basic on-line identity management. The initial deployment of PSI services, through the Reach agency, supports the registration and authentication functions of the Revenue Commissioners PAYE on-line services.
The overall Government strategy is to realise the potential of the Information Society through innovation and modernisation of public services. As part of this, the Standard Authentication Framework Environment programme, co-chaired by my Department and the Department of Finance, builds on PSI Services to provide the basis for a consistent set of registration and authentication services for customer interaction with public services. The Revenue Commissioners are also participating in this programme of work and we will continue to develop PSI and other relevant services in conjunction with them.
My Department and the Office of the Revenue Commissioners are currently engaged in finalising a renewed Memorandum of Understanding between our organisations concerning co-operation and mutual assistance. The objective of the proposed revised Memorandum is:
to provide a basis for the continuance, enhancement and expansion of the existing administrative and operational arrangements
to better reflect the missions, modern operating realities and totality of the relationship between the two organisations
to recognise the growing interdependencies between the two organisations in achieving the delivery of services to the highest standard
to strengthen liaison structures with a view to monitoring service delivery and control aspects.
It is expected that the Memorandum will be finalised before the end of the year.
My Department will of course continue to explore on the basis of these significant ongoing developments how greater data and money transfer efficiencies could be realised in the future.
187 Deputy Tony Gregory asked the Tánaiste and Minister for Finance his plans to refurbish the Custom House, Dublin 1 in view of its current condition; and if he will make a statement on the matter. [20274/07]
The Commissioners of Public Works consider that the Custom House is in good condition. The Commissioners have undertaken a series of minor building projects which have been completed in the recent past. Other projects are under way. These include the provision of disabled access, toilet & shower facilities, the installation of closed circuit TV cameras and the installation if air conditioning in the computer suite.
188 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the position regarding the appeal of an application for a primary medical certificate in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20287/07]
I understand that the person concerned has applied for the tax concessions under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme and that she has been unsuccessful at first instance and on appeal to the Medical Board of Appeal for the Scheme.
I have no direct responsibility for the day-to-day operation of the Medical Board of Appeal for the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. Queries regarding individual cases may be addressed to the Secretary of the Disabled Drivers Medical Board of Appeal, c/o the National Rehabilitation Hospital, Dun Laoghaire, County Dublin or alternatively by telephone at 01 2355279.
189 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance if his attention has been drawn to the recently published wish of the Financial Regulator to monitor and regulate lenders in the sub-prime market; and if he will make a statement on the matter. [20397/07]
I am aware of the Financial Regulator's concerns that some lending activities (including those of some sub-prime lenders) fall outside the scope of the Consumer Protection Code and therefore some borrowers do not benefit from the additional safeguards which that Code provides. I have already indicated my intention to bring forward legislation to ensure that all consumer lending can be brought within the ambit of the Code.
I have initiated consultation with interested parties on proposals which my Department has developed in consultation with the Financial Regulator. A consultation paper setting out these proposals has been circulated to interested parties and is published on the Department's website site. The object of these proposals is to establish a regulatory regime for non-deposit taking lenders which would enable application of the Code to the relevant activities of firms in that the sector and provide also for the supervisory regime required under the EU 3rd Money Laundering Directive. The paper can be found on the Department of Finance website at the link below: http://www.finance.gov.ie/viewdoc.asp?DocID=5016
In view of the priority of addressing the consumer protection aspects of this issue, I expect that the necessary legislation can be dealt with in the Autumn Oireachtas Session.
190 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance if his attention has been drawn to the finding of the Financial Regulator’s recent report on licensed money lenders where there are charges of as much as 180% APR; if he shares the view expressed by the Financial Regulator that these are socially beneficial companies; and if he will make a statement on the matter. [20398/07]
I am aware of the Financial Regulator's recently published review of the licensed moneylending industry. The purpose of this review was to gain a greater understanding of the industry and to determine whether it is appropriate, necessary and reasonable to change current regulatory policies.
It is not my function or that of the Financial Regulator to endorse any type of credit provider as being socially beneficial. Responsible use of credit clearly can have advantages for consumers in terms of their lifestyles but the decisions can only be made on an individual basis in the light of the consumer's needs and means. The Financial Regulator recommends that consumers take on the right type of credit for the right purpose.
The Financial Regulator provides information about the different forms of credit available to consumers, including credit cards, overdrafts, hire purchase, personal loans and money lending. The Financial Regulator also recommends a number of steps that borrowers should take including shopping around for the cheapest loan, reading all loan agreements, reviewing their debts from time to time and not taking on more debt than they can afford. Borrowers should immediately get in touch with the lender if they have any difficulty in meeting repayments, or contact their local MABS centre.
I strongly endorse these recommendations. In particular, I would urge all consumers to shop around for credit, to examine the scope to borrow from community based lenders such as credit unions, and to avail of the more detailed information which is available through the Financial Regulator's publications, help-line (Lo call 1890 77 77 77) and website: http://www.itsyourmoney.ie.
191 Deputy Emmet Stagg asked the Tánaiste and Minister for Finance if building work on the new Leixlip Garda Station, Leixlip, County Kildare is on schedule; and the expected opening date for the new station. [21037/07]
The construction of the new Garda Station in Leixlip, Co. Kildare is progressing well and is due for completion in Autumn 2008.
192 Deputy Denis Naughten asked the Tánaiste and Minister for Finance his plans to remove the €125-€250 threshold for pensioners claiming tax relief in respect of medical expenses; and if he will make a statement on the matter. [19718/07]
197 Deputy James Bannon asked the Tánaiste and Minister for Finance the reason pensioners are required to pay income tax on medical expenses; and if he will make a statement on the matter. [19818/07]
I propose to take Questions Nos. 192 and 197 together.
In relation to Deputy Bannon's question, neither pensioners, nor any other taxpayers, pay tax on medical expenses; moreover, full relief against tax payable is now available at the marginal rate applicable in relation to the tax year 2007 and subsequent years.
The de minimis amounts referred to by Deputy Naughten were abolished for all taxpayers by section 9 of the Finance Act 2007 as was the requirement that there be a defined relationship between the taxpayer and the subject of the claim.
Full details of the tax relief in respect of health expenses is contained in Revenue's Explanatory Leaflet IT 6 Health/Medical Expenses Relief available on Revenue's website www.revenue.ie which will shortly be updated to take account of the changes brought about by the provision of section 9 of the Finance Act 2007 outlined above.
193 Deputy Finian McGrath asked the Tánaiste and Minister for Finance if he will assist a person (details supplied) in Dublin 9; and if he will provide the maximum support in resolving this issue. [19750/07]
The essential point at issue here appears to be the tax treatment of the reimbursement of the cost of travel and taxi fares in respect of travel between home and work.
It is a long established principle of tax case law that the expenses of travelling from home to work and work to home are not expenses of travelling necessarily incurred by an employee in the performance of the duties of his/her office or employment and hence are not tax deductible. It follows from this that where the employer reimburses (directly or indirectly) the cost of travel between home and work, such reimbursement is taxable. Revenue has the same obligations as any other employer and is accordingly legally obliged to deduct tax under PAYE in respect of the cost of taxi fares paid or reimbursed and of car expenses paid.
For the sake of completeness, it should be noted that Revenue guidelines provide that the charge to tax does not arise in exceptional circumstances, e.g. where an employee is on-call to deal with certain emergencies and is called out only on an exceptional basis, or where an employee is required to work very late on an occasional basis. However, this exception could not be extended to reimbursement of expenses for travel between home and work, which is rostered, predictable and occurs on a regular basis.
194 Deputy Tom Hayes asked the Tánaiste and Minister for Finance if and when changes will be made to existing DIRT regulations, particularly with regard to retired citizens with small savings; and his proposals in relation to this regulation in the future. [19803/07]
The position has been that individuals aged 65 years or over and individuals who are permanently incapacitated by reason of mental or physical infirmity from maintaining themselves, can claim a refund from DIRT where the income of the individual (inclusive of the deposit interest) is below the appropriate income exemption limit for tax purposes. In the 2007 tax year the exemption limit for a single person aged 65 or over is €19,000 per annum, and in the case of a married couple, the exemption limit is €38,000. A partial refund may be due to such individuals whose income (inclusive of the deposit interest) does not greatly exceed the appropriate income exemption limit.
The Deputy may wish to be aware that changes have recently been made in this regard to simplify arrangements considerably. The Finance Act 2007 introduced new arrangements which allow account holders whose total income does not exceed the exemption limit and are either aged 65 years of age or over or permanent incapacitated, to have any interest earned on money on deposit credited to their savings account by their Financial Institution without deduction of DIRT. Appropriate declaration forms, which are available from Financial Institutions, must be completed by the account holder and submitted to the relevant Financial Institutions to benefit from these arrangements.
195 Deputy Finian McGrath asked the Tánaiste and Minister for Finance if assistance and advice will be given to persons (details supplied) in Dublin 5 regarding their stamp duty query. [19804/07]
The Finance (No. 2) Act 2007 introduced an exemption from stamp duty for first-time buyers in accordance with the commitments made in the Programme for Government to bring about immediate change to the stamp duty code for first-time buyers.
The Programme for Government provides that deeds presented by first-time buyers to the Revenue Commissioners on or after 30 April 2007 will be exempt from stamp duty. As a deed must be presented to the Revenue Commissioners within 30 days of execution, the Act is drafted to provide for exemption for deeds executed on or after 31 March 2007.
It is customary that changes such as this are introduced with immediate effect to minimise disruption and provide certainty in the market.
198 Deputy Michael Noonan asked the Tánaiste and Minister for Finance if he will introduce an amendment to Section 11 192B-(1) of the Finance Act 2005 to remove the anomaly which at present discriminates between the tax treatment of host carers as against the tax treatment of foster parents; and if he will make a statement on the matter. [19829/07]
I assume that what the Deputy has in mind in this case is to extend the tax exemption which applies to foster care payments to payments relating to other areas of caring such as care for those with a disability, the elderly or infirm.
The position is that children who are in foster care are in the care of the State under the Child Care Act 1991. Foster carers undertake to care for foster children on the State's behalf and as such are a unique group in unique circumstances.
The main focus of the tax exemption for foster care payments in section 192 of the Taxes Consolidation Act 1997, as amended, is to help underpin the system of foster care services for children in support of the policy objectives set out in the National Children's Strategy (2000) and the Report of the Working Group on Foster Care (2001). The exemption is limited therefore to payments in respect of the care of foster children or former foster children.
I have no plans to extend this tax exemption to other areas.
199 Deputy Alan Shatter asked the Tánaiste and Minister for Finance if he will transfer a bottle bank (details supplied) in County Dublin; and if he will make a statement on the matter. [19845/07]
The site in question which was originally part of St. Enda's Park, was acquired by the Local Authority from Senator Margaret Pearse prior to the transfer of St. Enda's Park to the Office of Public Works. My Office is in discussions with the Local Authority about the feasibility of transferring ownership of it to the State, for the purpose of re-integrating this tract of ground into St. Enda's Park. Responsibility for the bottle bank lies with the Local Authority.
200 Deputy Bernard Allen asked the Tánaiste and Minister for Finance the reason a person (details supplied) in County Cork had their application for a refund of VAT charges on aids and appliances for use by disabled persons under the VAT refund scheme rejected. [19871/07]
I am advised by the Revenue Commissioners that The Value Added Tax (Refund Of Tax) (No. 15) Order 1981 allows for VAT paid on qualifying goods to be refunded where the goods are purchased for the use of disabled persons suffering a specified degree of disablement. Qualifying goods are defined as "goods other than mechanically propelled road vehicles which are aids or appliances, including parts and accessories, specially adapted for use by disabled persons and includes goods which, although not so specially constructed or adapted might reasonably be treated as so constructed or adapted having regard to the particular disablement of that person".
The person concerned made an application to the Revenue Commissioners for a refund of VAT incurred on the provision of a gas fired central heating system complete with radiators for his home. The Revenue Commissioners consider that it would not be reasonable to treat a gas fired central heating system as being specially constructed or adapted having regard to a person with the specific health condition concerned and therefore regret that they are unable to grant this application.
201 Deputy Bernard Allen asked the Tánaiste and Minister for Finance the reason the appeal made by a person (details supplied) in County Cork for the primary cert for a disabled driver was refused; and the further reason the independent appeal lodged against the decision to refuse in November 2006 has not been adjudicated upon. [19889/07]
The initial application under the Disabled Drivers and Disabled Passengers (Tax Concessions) 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.
I understand from the Disabled Drivers Medical Board of Appeal that shortly after receiving an appeal against the decision of the Senior Medical Officer, a request for an appointment locally, in Cork, was made. As there are no arrangements for a clinic in Cork, at present, an appointment in Dublin, for the person concerned, is being made.
202 Deputy Finian McGrath asked the Tánaiste and Minister for Finance the position in relation to State agencies and decentralisation; and the role of the staff on this matter. [19948/07]
When the Decentralisation Programme was announced in December 2003 the Programme included the intention to relocate 30 State Agencies to locations outside of Dublin. The Sector represents just over 20% of the overall Government's decentralisation programme.
The Government has always recognised that this aspect of the programme presents different challenges from that of the Civil Service. I remain confident that through dialogue and negotiation, progress can be advanced.
The Labour Court recommendation in relation to the dispute between FÁS and SIPTU provides a renewed opportunity for both unions and management to address the relevant issues. As part of their recommendation, the Court states that it believes that the stated policy of effecting decentralisation on a voluntary basis could best be achieved if individuals who are unwilling to relocate are provided with realistic alternative career options, which take account of the proprietary rights and legitimate expectations which they have accrued in their current employments. The Court goes on to say that it believes that the appropriate authorities should address the issues arising in the broader context of decentralisation of non-commercial State Bodies overall. This aspect of the Labour Court finding is very much in line with the previously expressed view of the Decentralisation Implementation Group.
In relation to the state bodies generally, it is now a matter, in the first instance, for each body together with its parent Department, to manage their approach to implementation taking account of the implications of the Labour Court recommendation.
My Department has written to the Irish Congress of Trade Unions to establish how progress can be made on this aspect of the Labour Court recommendation.
I have also made it clear that recruitment of staff to FÁS Headquarters and to other State Agencies for new decentralised locations will continue in line with the Government's policy on decentralisation. Already this policy has assisted in approximately 25% of staff now being in place for the new locations across the State Agencies.
The existing arrangements in the Civil Service in relation to promotions will not be affected by the Labour Court recommendation in the FÁS case. It is the Government's view that the recommendation is firmly rooted in the context of the State Agencies and has no implications for the Decentralisation Programme in the Civil Service. There are detailed arrangements in place to discuss any staff concerns in the Civil Service with staff representatives. The key forum in this regard is the General Council Subcommittee on Decentralisation which meets monthly.
203 Deputy Michael Creed asked the Tánaiste and Minister for Finance if he will review the provisions of the Finance Bill 2007 wherein a person who provides child care services for up to three children and who are not in their own home could earn up to €15,000 per annum before entering the tax bracket but a person who is providing this care to adults receives no such tax exemption; and if he will make a statement on the matter. [19963/07]
The position is that a special income tax exemption was introduced in Budget 2006 for those minding up to three children, who are not their own, in the minder's own home. Under the scheme, the relief may apply provided the earnings from such childcare do not exceed €15,000 per annum.
The rationale for the scheme was to encourage stay-at-home parents or those working part-time to provide childcare services on a small scale. It was one element in a suite of measures adopted by the Government in recent years to address the issue of childcare. Apart from the significant increases in Child Benefit, the relevant support measures included the Early Childcare Supplement of €1,000 per annum for each child up to his or her sixth birthday, a new five-year National Childcare Investment Programme which aims to fund an additional 50,000 childcare places by 2010, as well as extending paid and unpaid maternity leave. I have no plans to extend the tax exemption scheme as suggested by the Deputy.
204 Deputy Seán Fleming asked the Tánaiste and Minister for Finance the number of claims for repayment of tax since 1 January 2005 that have been rejected due to the fact that they were outside the four year time limit; the amount of money involved; and if he will make a statement on the matter. [19987/07]
I am advised by the Revenue Commissioners that statistics are not readily available which would enable the information requested by the Deputy to be provided.
While it might be possible for Revenue to extract the data from their computer systems, this would require the writing of suitable programmes which would impinge on the timeframe for other developments designed to streamline and simplify the tax administration system. The Revenue Commissioners believe this would be disproportionate. Revenue do believe however that the number of claims rejected because of the four year limit would not be significant having regard to the volume of claims received and accepted annually.
205 Deputy John Curran asked the Tánaiste and Minister for Finance his views on removing VAT to cars being converted from petrol to biofuels. [19992/07]
The position is that the VAT regime and indeed the rating of all goods and services are subject to the requirements of EU VAT law with which Irish VAT law must comply. While we can retain the zero rating provisions which were in existence on 1 January 1991, we cannot introduce any new ones. Therefore, it is not possible to apply a zero rate to the supply of cars converted from petrol to biofuels.
In addition, while a reduced rate can be applied to certain goods and services, there is no mechanism which would allow for the reduced rating of alternative fuel consumption systems for cars. The VAT Directive does not make any distinction between different types of fuels or methods of production of energy. The supply of all fuel consumption systems, including environmentally friendly ones, is therefore chargeable at the standard VAT rate of 21%. Any change in the standard rate would apply to the sale of all fuel consumption systems and indeed products at the standard VAT rate. A reduction in the standard VAT of 1% would cost the Exchequer in excess of €440 million and have little or no effect on price.
However, under the VAT system, VAT registered businesses can claim a deduction for fuel, other than petrol, e.g. diesel, LPG or bio-fuels. In addition, VAT on the conversion of a vehicle is allowable as a deduction provided the conversion is an expense suffered in the course or furtherance of business and used for a taxable activity.
I would draw the Deputy's attention to the significant measures in other tax areas, provided for in Finance Act 2006, which have served to promote biofuels in Ireland.
The excise relief scheme for biofuels, which received the necessary EU State Aid approval, commenced in November 2006 and:
provides for excise relief on up to 163 million litres of biofuels per annum;
costs over €200m over 5 years;
when fully operational, will result in CO2 savings of over 250,000 tonnes per annum;
will contribute towards meeting a target of 5.75% transport fuel market penetration by biofuels by 2009;
will help reduce our dependency on conventional fossil fuels, and
will stimulate activity in the agricultural sector.
As a complementary measure, I provided in Finance Act 2006 for a 50% VRT relief to promote new flexible fuel vehicles (cars designed to operate on biofuels) for an initial period of two years.
The Deputy may also wish to note that there are additional non-fiscal measures that can be used to promote biofuels and reach the targets referred to. To provide further market certainty and encourage biofuel projects of scale, in March 2007, the Government announced its intention to move to a Biofuels Obligation by 2009, with targets for market penetration for biofuels of 5.75% in 2009 and 10% by 2020. This measure is included in the Programme for Government in conjunction with a commitment to work with our EU partners to require biofuels used in transport to comply with an environmental certification system which incorporates sustainability criteria in terms of biofuel production.
206 Deputy Pat Breen asked the Tánaiste and Minister for Finance further to Parliamentary Question No. 199 of 27 June 2007, if an environmental assessment of potential options has been carried out by the Office of Public Works to alleviate flooding in the Clonlara area, County Clare; and if he will make a statement on the matter. [20030/07]
An environmental impact assessment commissioned by the Commissioners of Public Works is being prepared at present. The assessment will be completed upon receipt of data in relation to the impact of a proposed solution on water levels in the channel, which is currently being generated by the ESB. It is expected that the report will be referred to the National Parks and Wildlife Service and other relevant stakeholders during October.
207 Deputy Pat Breen asked the Tánaiste and Minister for Finance when Crusheen Garda Station, County Clare will re-open; and if he will make a statement on the matter. [20034/07]
Having reached agreement on terms and conditions, the Commissioners of Public Works are currently finalising all legal matters with the Landlord relating to the Lease Agreement for Crusheen Garda Station, Co. Clare.
Every effort to progress this matter is being made by the Commissioners.
208 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will instruct the Office of Public Works to examine the possibility of future flooding of a river in County Mayo as a result of an unauthorised development by a person (details supplied); if the OPW will carry out a hydrological report; and if he will make a statement on the matter. [20051/07]
209 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will ascertain from the Office of Public Works the instances of development in which a hydrological report is required; if the Office of Public Works have recourse on the development due to the alternation in the flood plain if a hydrological report is recommended but not carried out prior to a development; and if he will make a statement on the matter. [20052/07]
210 Deputy Michael Ring asked the Tánaiste and Minister for Finance the recommendation of the Office of Public Works and the correspondence between them and a local authority in relation to an unauthorised development on a river (details supplied) in County Mayo. [20053/07]
211 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will instruct the Office of Public Works to carry out flood measures at a location (details supplied) in County Mayo which flooded in 2006; if the OPW engineers will clarify if an unauthorised development which has taken place on that river has had an effect on the flood plain and the likelihood of that river flooding again; and if he will make a statement on the matter. [20054/07]
212 Deputy Michael Ring asked the Tánaiste and Minister for Finance if the Office of Public Works have taken action in relation to a development bordering a river (details supplied) in County Mayo; and the position regarding this matter. [20055/07]
232 Deputy Dara Calleary asked the Tánaiste and Minister for Finance if the Office of Public Works have received submissions from Mayo County Council in relation to flooding issues in Crossmolina, County Mayo; and if so, the status of that submission. [20855/07]
I propose to take Questions Nos. 208 to 212, inclusive, and 232 together.
The flooding of the River Deel in Crossmolina is being jointly examined by Mayo County Council and the Office of Public Works with a view to providing a viable solution to the problem in the area.
Mayo County Council are currently undertaking minor mitigating works and when these are completed, a detailed survey will be undertaken with a view to identifying a scheme to provide greater flood protection to Crossmolina.
As indicated in my previous responses to the House in this matter, Mayo County Council sought a hydrological analysis of the impact of the development in question from the developer. The Council requested details of any data available to the OPW in relation to the condition of the channel. The Commissioners replied on 2nd April, 2007 and I understand that a copy of this correspondence was forwarded to the Deputy.
A hydrological report is required in instances when the level of information available from a conveyance perspective is insufficient in determining the effects a development will have on the flood risk of its surroundings. In relation to the particular development, insufficient information is available to the OPW on its impact.
The imposition and enforcement of planning requirements is a matter for the local authority.
213 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will ascertain from the Office of Public Works the works that will be carried out to alleviate the flooding problem for persons (details supplied) in County Mayo; if preventative works will be carried out to ensure that the flooding does not reoccur in 2007; and the discussions that have taken place in this regard. [20056/07]
214 Deputy Michael Ring asked the Tánaiste and Minister for Finance the position in the Office of Public Works in relation to finding a resolution to the flooding problem in south Mayo; and if he will make a statement on the matter. [20057/07]
I propose to take Questions Nos. 213 and 214 together.
Following heavy and persistent rain in December and January last, flooding occurred at a number of locations in South Mayo. The main areas affected were Clyard and Thomastown, Kilmaine, the Neale and Hollymount.
The Office of Public Works is currently working with Mayo County Council and other relevant bodies to devise solutions to the flood risk in these areas.
With regard to Kilmaine, it was agreed, following contact between the OPW, Mayo County Council, the National Parks and Wildlife Service and the Western Regional Fisheries Board, that overflow channels from Clyard and Thomastown turloughs would be run into a scheduled OPW channel of the Corrib-Headford Drainage Scheme to reduce flood risk. The Clyard link has been excavated by OPW maintenance staff and it is expected that the Thomastown work will be completed by the end of October, 2007.
In the case of the Neale, no solution to the flooding problem has been identified to date. All surface water drainage in the area affected is by way of underground channels and there are no rivers or streams near enough to divert flood waters to. The OPW has commissioned a topographical aerial survey of the area to provide information towards a possible solution and this will be carried out as soon as weather conditions permit. Mayo County Council have engaged an expert hydrogeologist to advise on underground flows and to possibly identify linkages between the various turloughs in the Neale area. It is not possible to know at this stage when a viable solution will be found.
I understand that a number of houses in the Hollymount area, including the property of the family referred to, were at risk due to the flooding, and roads were also flooded at a number of locations. While this Office has identified a possible route to divert waters into a scheme channel, further survey works are required to determine the feasibility and cost effectiveness of such a solution. This Office is actively engaged with Mayo County Council in gathering information and data. Any resultant proposal will have to be referred to both the National Parks and Wildlife Service and the Western Regional Fisheries Board for consideration from an environmental perspective.
In addition to the specific actions above, it is understood that Mayo County Council are pursuing the possibility of undertaking road-raising works at various locations throughout Mayo.
215 Deputy Michael Ring asked the Tánaiste and Minister for Finance the position in relation to a proposed situation (details supplied) in County Mayo. [20114/07]
The Office of Public Works (OPW) is currently populating the advance office in Co. Mayo with some 30 posts.
OPW has acquired the site for permanent offices in Co. Mayo and it is expected that this building will be ready for occupation in 2009.
The permanent building will be procured on a design build basis. OPW are currently assessing the expressions of interest received and it is expected that tenders will be invited shortly. Following assessment of the tenders, a preferred bidder will then be nominated who will then proceed with the planning application.
216 Deputy Tony Gregory asked the Tánaiste and Minister for Finance if he will take steps to ensure that when significant drug seizures are made in transit through Dublin Port, the Gardaí are enabled to follow up the destination of the drugs and apprehend those involved before such seizures are made public. [20125/07]
I am advised by the Revenue Commissioners that a framework for co-operation between the Customs and Excise Service of the Revenue Commissioners and the Garda Síochána with respect to drugs law enforcement is contained in a Memorandum of Understanding that was agreed and endorsed by Ministerial approval by the parent departments of both agencies in January 1996. The memorandum also provided for the signing in May 1996 of Operational Guidelines implementing the Government decision for the Customs and Excise Service and the Garda Síochána, in consultation with the Naval Service, to operate a Joint Task Force to deal with intelligence-driven drug smuggling operations and "controlled deliveries." In October 2000, the signing and implementation of an Operational Protocol for co-operation between the three agencies further developed this framework.
Under this framework the Customs & Excise Service and the Garda Síochána support and co-operate fully with each other in connection with the interdiction of illegal drugs intended to be smuggled into the State.
I am also advised that where Customs and Excise seize any smuggled or illegally imported controlled drugs, including those made by Officers at Dublin Port, they promptly inform and engage with the Garda Síochána before any further action is taken or any announcement about the seizure is made.
217 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance if he will confirm receipt of representations regarding Section 469 TCA; and if he will include within the definition of hospital, as he is empowered to do, an institute which would meet the requirements of persons (details supplied); and if he will make a statement on the matter. [20126/07]
I can confirm that I have received representations regarding the health expenses relief scheme as provided for by section 469 of the Taxes Consolidation Act 1997.
The matter to which the Deputy refers is currently being considered, in consultation with the Department of Health and Children, in accordance with the provisions of the legislation.
218 Deputy Paul Kehoe asked the Tánaiste and Minister for Finance if he has plans to ease the burden on farmers in the farm retirement scheme who lease their holdings to relatives and are not able to avail of the tax exemption associated with a qualifying lease that could be entered into with a non-relative, entitling them to a €20,000 exemption for a lease of 10 years or more; and if he will make a statement on the matter. [20141/07]
Under Section 664 of the Taxes Consolidation Act, 1997, there is an exemption from income tax on leasing of land in respect of the first €12,000 of annual leasing income where the leasing is for a period of not less than 5 years, in respect of €15,000 where the leasing is for a period of not less than 7 years and in respect of €20,000 where the leasing is for a period of not less than 10 years. The exemptions are available to lessors of agricultural land aged 40 years or over or to those who are permanently incapacitated by mental or physical infirmity from carrying on farming.
These tax exemptions apply only in respect of leases to qualifying lessees. In this context, "qualifying lessee" specifically excludes from the scope of the relief any leases made between closely connected relatives. A person is connected with an individual if that person is the individual's husband or wife, or is a relative, or the husband or wife of a relative of the individual or of the individual's husband or wife. A relative in this context is defined as meaning brother, sister, ancestor or lineal descendant.
This restriction covering leasing to closely connected relatives is a standard anti-avoidance measure and such measures are common throughout the tax code. It should also be noted that there are already very generous stamp duty and capital acquisitions tax reliefs available in the case of permanent transfers of land between family members, such as by gift or sale.
219 Deputy Brian Hayes asked the Tánaiste and Minister for Finance the dealings between his Department, the property section and the Chief State Solicitor in connection with a case (details supplied); the expected timeframe as to when he will take possession of these lands; and if he will make a statement on the matter. [20145/07]
The Minister has agreed to waive his interest (if any) in the property adjacent to 55 Carrigmore Park in favour of the Applicant. The Chief State Solicitor's Office are awaiting documentation from the Property Registration Authority and on receipt of this the Deed of Waiver will be processed.
220 Deputy Pat Breen asked the Tánaiste and Minister for Finance if he will meet a delegation (details supplied); and if he will make a statement on the matter. [20171/07]
While the Commissioners of Public Works have responsibility for maintaining some embankments in this area the structures referred to in the question form part of the estates managed by the Public Trustee, an official of the Department of Agriculture, Fisheries & Food. However, in this instance I have instructed my officials to carry out a study to ascertain the feasibility and cost of the required repairs relative to the benefits that would accrue from them, and their environmental impacts. Any works would have to be acceptable under these criteria and would have to be considered in the context of the extensive demands on the funds available to my office for works of this type in other areas. It would be premature to meet the landowners pending the completion of this study.
221 Deputy Finian McGrath asked the Tánaiste and Minister for Finance if the EU Commission are using an underhand tactic to destroy tax competition in Europe and if the Commission is attempting to take control of taxation. [20208/07]
It is not my role to explain the views of the EU Commission on tax matters, and the Deputy does not specify exactly what he has in mind. However, I can say that Ireland remains firmly committed to the tax policies which have been so supportive of our economic development in recent years. I have made it clear to the Commission and other Member States that Ireland does not agree with certain measures being developed by the Commission, in particular in the area of corporation tax. Ireland is not alone in this view.
In this context, I should note that the EC Treaty, Articles 93 and 94, specifically provide that any taxation proposals from the Commission require the unanimous agreement of the Council of Ministers. This unanimity principle is underpinned in the draft Reform Treaty. Accordingly, there is no question of the Commission being empowered to take control of taxation policy within the EU.
222 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the stamp duty breakdown and calculations accruing to the Exchequer arising from decentralisation; and if he will make a statement on the matter. [20282/07]
I am informed by the Revenue Commissioners that information held on Revenue records on stamp duty yields from property transactions does not distinguish between transactions related to decentralisation and others.
The information requested by the Deputy is accordingly not available.
223 Deputy Arthur Morgan asked the Tánaiste and Minister for Finance if he plans to hold meetings with representatives of the Cross Border Corridor Groups along with his counterpart in the North, Mr. Peter Robinson, to discuss their concerns regarding the role they will play in administering the new round of structural funds under Interreg IVA. [20385/07]
During the summer, I received representations from representatives of the cross border Partnerships outlining concerns about their role in the new Ireland/Northern Ireland/Western Scotland INTERREG IVA programme. Representations were also made to Mr Peter Robinson, Minister for Finance and Personnel in Northern Ireland. My Department and the Department of Finance & Personnel in Northern Ireland asked the Programme's Managing Authority, the Special EU Programmes Body (SEUPB) to produce a full report on the issues raised. In reply I indicated my expectation that the capacity and experience of the Partnerships will place them in an ideal position to enable them to gain a significant share of Programme funds in the new round.
We also asked that a meeting be arranged between all five Partnerships and officials from the SEUPB, the Department of Finance and Personnel and my Department. This took place on 14 September and I asked my officials to reiterate then my clear intention that the Partnerships would continue to have a significant role in INTERREG IVA. I understand that a comprehensive discussion on the role and practical arrangements for the new Programme took place at that meeting and that the Partnerships were reassured as regards their role.
I have asked the SEUPB and my officials to continue to fully engage with the Partnerships and all those involved in the new Programme to help ensure a smooth rollout as early as possible before the end of 2007.
224 Deputy Niall Collins asked the Tánaiste and Minister for Finance the position regarding a report on the decentralisation of Revenue staff to Newcastle West County Limerick including the expected commencement date and if as the staff have indicated temporary accommodation will be provided in the interim in order that the staff commence in Newcastle West as soon as possible. [20438/07]
A site for the new decentralised office in Newcastle West was purchased by the Office of Public Works (OPW) from Limerick County Council in 2005. Following due process a preferred tenderer was identified and a planning application was lodged with Limerick County Council. Planning approval was granted on 26 March 2007.
The preferred tenderer is now engaged in the final stages of the tendering process and on receipt of satisfactory documentation, the OPW anticipates being in a position to place the contract. Revenue is ready to occupy the building in Newcastle West as soon as it becomes available. Given the stage that the tendering process is at, it would be impractical at this stage to enter into a lease for temporary accommodation in Newcastle West.
225 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the number of applications that have been received for tax relief under the tax relief scheme for the refurbishment of rented residential accommodation since 2001 to date in 2007; the amount of relief granted by the Exchequer for these years; and if he will make a statement on the matter. [20575/07]
I assume the Deputy is referring to the tax relief for the refurbishment of rented residential accommodation as introduced on a countrywide basis by section 63 of the Finance Act 2001. I am informed by the Revenue Commissioners that claims for this tax relief are aggregated in tax returns with claims made in respect of other rental expenses and are not separately identifiable.
The information requested by the Deputy is accordingly not available.
226 Deputy Bernard Allen asked the Tánaiste and Minister for Finance if he proposes to designate Cork docklands for targeted development incentives; and if he has considered the proposal submitted by Cork City Council as a result of the Cork Docklands Economic Study. [20586/07]
My Department has received a copy of the submission by Cork City Council advocating the designation of Cork Docklands for targeted development incentives. The submission contains proposals for a range of new tax incentives targeted at the development of the Cork Docklands. These proposals, like all proposals for new tax or expenditure measures, will fall to be considered in the context of the ongoing development of budgetary and economic policy.
227 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance his views on changes in the current tax regime which affect cohabiting couples who are unfairly treated by the current system, especially in view of figures which clearly indicate that cohabiting couples are the fastest growing family unit in the State; and if he will make a statement on the matter. [20603/07]
Generally speaking, the tax system treats members of cohabiting couples as separate and unconnected individuals. Each partner is a separate entity for tax purposes and credits and bands and reliefs cannot be transferred from one partner to the other. There are no special favourable tax arrangements for cohabiting couples with dependent children.
The Working Group Examining the Treatment of Married, Cohabiting and One-Parent Families under the Tax and Social Welfare Codes, which reported in August 1999, was sympathetic, in principle, to changes in the tax legislation to address the issues raised relating to cohabiting couples and reported that the options that it set out should be considered further. However, it acknowledged in relation to the tax treatment of cohabiting couples that a key issue is whether tax law should proceed ahead of changes in the general law.
There are a number of recent reports which will help to inform the Government's deliberations in this general area including:
the Tenth Progress Report of the Oireachtas All-Party Committee on the Constitution entitled ‘The Family' which was published in early 2006;
the Options Paper presented to the Minister for Justice, Equality and Law Reform in November 2006 by the Working Group on Domestic Partnership (the Colley Group); and
the Report of the Law Reform Commission on the rights and duties of cohabitants which was published in December 2006.
I would also point out that An Agreed Programme for Government contains the following provision in relation to civil partnerships:
"This Government is committed to full equality for all in our society. Taking account of the options paper prepared by the Colley Group and the pending Supreme Court case, we will legislate for Civil Partnerships at the earliest possible date in the lifetime of the Government."
I have previously indicated to the House that I would view as problematic and unwise a situation where changes in the tax code relating to the treatment of couples would set a headline in advance of developments in other relevant areas of public policy such as in the area of legal recognition of relationships other than married relationships. I am still of that view.
228 Deputy Michael Ring asked the Tánaiste and Minister for Finance the number of vessels in use by the Revenue Customs Services to patrol the coastline; the plans there are in view of the recent drug haul off the west coast to increase the number of vessels for use by the Revenue Customs Services; and if he will make a statement on the matter. [20648/07]
I am informed by the Revenue Commissioners that they work very closely with other Agencies in limiting and attempting to prevent the importation of drugs into the State. In the control of coastal smuggling, the co-operation of the Navy, the Garda Síochána, fishermen's organisations, harbour authorities and of coastal communities is hugely valuable. The Customs responsibility is for the coast itself and coastal waters.
As part of its strategy, Revenue purchased a 23 metre cutter, the RCC Suirbhéir, with full sea-going capability. This vessel began active work in 2005, with a specially trained and highly skilled crew of Revenue officials. Since then, it has proved its usefulness in patrolling coastal waters, drug seizures and building stronger ties with coastal communities. It has taken part in several operations, including international operations to track and investigate suspicious vessels. Its role was crucial recently in the recovery of drugs at Dunlough Bay in Cork, and off the Galway coast.
The RCC Suirbhéir provides critical support to Customs activity, as does other equipment, such as the container scanner based at Dublin. Their effectiveness however, depends on support, especially in the form of intelligence, from their Revenue colleagues, from other agencies (including international counterparts) and from members of the public. In the case of the RCC Suirbhéir, its greatest value is in providing a rapid and effective response when suspicious activity is reported.
Revenue is currently engaged in preparing a new Statement of Strategy for 2008-2010 and will also be reviewing its strategy in relation to smuggling, especially drug smuggling. This review will include investigation of the most effective methods of monitoring coastal traffic, using the most modern available methods. Consideration of the acquisition of new marine craft, whether of the same type as the existing cutter, or of different types for specific purposes, will be an intrinsic part of that review. The experience of the past two years, including recent drug finds, will of course be taken into account.
229 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if he has costed a proposal whereby the stamp duty paid by first time buyers in the past would be treated as a credit against the liabilities for stamp duty going forward; the expected cost of the proposal; if he has asked the Revenue Commissioners to undertake a study of this form of relief; and if he will make a statement on the matter. [20656/07]
As the Deputy will be aware, the Programme for Government 2007-2105 provided that the Government would "Legislate immediately to abolish stamp duty for all first-time buyers and make this change retrospective for all deeds presented for stamping to the Revenue Commissioners on or after 30th April 2007".
The Finance (No 2) Act 2007, which was enacted prior to the summer adjournment dealt with this commitment.
I have no plans for any further changes in stamp duty.
230 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the number of claimants who availed of rent relief for 2004, 2005 and 2006; and the cost of the tax relief for these years. [20824/07]
I am informed by the Revenue Commissioners that the most recent year for which complete information on cost to the Exchequer and numbers of claimants for tax relief in relation to claims for rent paid in private tenancies is for the income tax year 2004.
In that year an estimated 118,500 claimants availed of the tax relief for rent paid in private tenancies at an estimated total cost to the Exchequer of €33 million.
231 Deputy Dara Calleary asked the Tánaiste and Minister for Finance the plans the Office of Public Works have for the vacant space in the Government offices in Ballina, County Mayo which has arisen owing to the establishment of the Road Safety Authority. [20854/07]
The Commissioners of Public Works are currently considering alternative State uses for the space to be vacated by the Road Safety Authority when the staff currently based in the Government Offices in Ballina move to their new offices.
233 Deputy Denis Naughten asked the Tánaiste and Minister for Finance the timetable for construction, and completion of the decentralisation of the Property Registration Authority; and if he will make a statement on the matter. [20875/07]
Tenders for the provision of office accommodation for the Property Registration Authority in Roscommon are due in October 2007. Following evaluation of the tenders it is expected that a Preferred Tenderer will be selected by December 2007 who will then be instructed to apply for planning permission. On receipt of satisfactory planning permission, the OPW will request the Preferred Tenderer to submit working drawings and a Bill of Quantities with a view to a contract being placed and work commencing on site at the earliest possible date. It is anticipated that the building will be completed in 2009.
234 Deputy Tom Hayes asked the Tánaiste and Minister for Finance the position regarding the future of Dundrum Garda Station; and if a decision has been made in the matter. [20934/07]
The Commissioners of Public Works are involved in ongoing discussions with the Department of Justice, Equality & Law Reform and the Garda Authorities in relation to a proposed Rural Garda Station Programme. Dundrum Garda Station, Co. Tipperary will be included in this programme.
235 Deputy Niall Collins asked the Tánaiste and Minister for Finance the level of protection or guarantee afforded to credit union savings in comparison to savings in other financial institutions and banks here. [20953/07]
The Irish League of Credit Unions, (ILCU), has since 1989, operated a savings protection scheme, (SPS), for credit unions. The SPS aims to protect the individual savings of members by ensuring that credit unions are financially and administratively sound and provides for savings protection for each individual credit union member up to a maximum of €12,700. It is important to note that no member of a credit union has experienced any loss of shares and deposits and no credit union has become insolvent. The SPS has only been called upon in a very limited number of cases, and it has never been necessary to make savings protection payments to individual credit union members.
The design and operation of the SPS for credit unions is consistent with the specific regulatory approach adopted for credit unions under the Credit Union Act 1997. However in line with changes in the regulatory environment for financial services generally, the need for modernisation of the organisational structure and governance arrangements for the credit union SPS has become evident over time.
Earlier this year the Registrar of Credit Unions commenced a structured series of meetings with the ILCU to examine certain SPS reform proposals put forward by them. The Registrar of Credit Unions has advised that these discussions identified common ground with regard to how savings protection based on the ILCU's proposal should work. I understand that, since the conclusion of these discussions at the end of March, ILCU have been consulting with their membership and it is expected that they will revert to the Financial Regulator shortly.
The Deposit Guarantee Scheme applicable to Irish licensed banks and building societies provides for payments, up to a maximum of 90% of the aggregate deposits held by that depositor, subject to a maximum compensation payment of €20,000, in circumstances where a bank or building society is unable to repay deposits due to its financial condition.
236 Deputy Emmet Stagg asked the Tánaiste and Minister for Finance if the contract has been signed for the purchase of the site for the new national school for Kill, County Kildare in view of the fact that the matters subject to planning permission have been resolved satisfactorily. [20999/07]
A meeting between OPW Technical Staff and the Vendor is to take place on Wednesday 26th September to address access to services in accordance with the grant of planning; the conveyancing process will then proceed in the normal manner.
237 Deputy Denis Naughten asked the Tánaiste and Minister for Finance if the purchase of the site for a school (details supplied) in County Leitrim has been completed; if all funds have been handed over to the vendors; the purchase price of the site; and if he will make a statement on the matter. [21083/07]
The CSSO are currently awaiting Closing Documents from the Vendor's Solicitor in respect of this purchase. Once the Closing Documents have been received and are in order the Sale will be finalised.
238 Deputy David Stanton asked the Tánaiste and Minister for Finance the criteria for the selection of approved hospitals and nursing homes as per Section 469 of the Taxes Consolidation Act 1997 and as detailed on the Revenue Commissioners website; and if he will make a statement on the matter. [21114/07]
The position is that, in accordance with the provisions of section 469 of the Taxes Consolidation Act 1997, "hospital" means:—
(a) any institution which is provided and maintained by the Health Service Executive for the provision of services pursuant to the Health Acts 1947 to 2004,
(b) any institution in which services are provided on behalf of the Health Service Executive pursuant to the Health Acts 1947 to 2004,
(c) any hospital, nursing home, maternity home or other institution approved of for the purposes of this section by the Minister for Finance after consultation with the Minister for Health and Children.
Once an institution falls within the definition of "hospital" as set out above, health expenses in respect of maintenance or treatment in that institution may qualify for tax relief. As regards (c) above, the legislation provides that, consultation with the Minister for Health and Children must take place before an institution may be approved of for the purpose of section 469.
239 Deputy Jimmy Deenihan asked the Minister for Health and Children the position regarding the provision of staffing grant aid for a childcare centre (details supplied) in County Kerry; and if she will make a statement on the matter. [19776/07]
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.
The Group in question has been approved a total of €391,367 in staffing grant assistance under the EOCP, including €174,500 for the period to 31 December 2007. The Government recently approved the new NCIP Community Childcare Subvention Scheme 2008 — 2010, which will commence in January 2008 and will be open to community-based not for profit childcare services. To facilitate a smooth transition for childcare services in receipt of staffing support funding in 2007 to the new Scheme, and subject to compliance with reporting/contractual requirements and audit/verification recommendations, there will be a transitional period in the first half of 2008 during which existing staffing grant beneficiaries, including the Group in question, will be able to avail of grant funding at their existing 2007 level. The level of funding from thereon will be dependent on the profile of the parents using the facility, and the level of service being provided, with grant levels calculated on an annual basis and provision for re-appraisal and upward revision where the circumstances of a service materially change. The Group was informed of the position in July when details of the new Scheme were announced.
240 Deputy Tom Sheahan asked the Minister for Health and Children if a person (details supplied) in County Kerry is entitled to an increased sum under the nursing home subvention scheme. [19796/07]
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(s) investigated and to have a reply issued directly to the Deputy.
241 Deputy Tom Sheahan asked the Minister for Health and Children if a person (details supplied) in County Kerry is entitled to subvention towards the cost of the nursing home in which they are residing. [19797/07]
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(s) investigated and to have a reply issued directly to the Deputy.
242 Deputy Richard Bruton asked the Minister for Health and Children the number of separated children seeking asylum who have been provided with accommodation by the State; the nature of this accommodation; and the person who supervises and supports the provision of this accommodation to ensure that it is appropriate to the needs of these children and ensures that these children are not subject to exploitation. [19995/07]
The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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.
243 Deputy Richard Bruton asked the Minister for Health and Children the details of the flow of children in and out of State provided accommodation for separated children seeking asylum over the past twelve months; the destination of children who have been discharged from State care; and the extent to which children go missing. [19997/07]
The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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.
244 Deputy Michael Ring asked the Minister for Health and Children if a proposed marriage of persons (details supplied) in County Mayo will be allowed to proceed based on the information regarding an Australian divorce which has been submitted to the Civil Registration Service. [20074/07]
An tArd Chlaraitheoir, the Registrar General, is the person with statutory responsibility for the administration of the civil registration system in Ireland, including marriages. I have made enquiries with an tArd Chlaraitheoir and the position is as follows.
Where either party to a proposed marriage, which is to be solemnised in the state, has been previously married and obtained a divorce in another jurisdiction, it is necessary for that divorce to be recognised under Irish law before the marriage can proceed.
The legislation governing recognition of foreign divorces is the Domicile and Recognition of Foreign Divorces Act, 1986: Section 5 of that Act provides that a divorce shall be recognised if granted in the country where either spouse is domiciled. It also provides that, where neither spouse is domiciled in the State, a divorce shall be recognised if, although not granted in the country where either spouse is domiciled, it is recognised in the country or countries where the spouses are domiciled.
With regard to the case referred to in the Deputy's question, the matter of the domicile of either of the parties to the divorce obtained in Australia in 1998 at the time proceedings were initiated, is of critical importance. The Registrar General has recently been furnished with additional documentation in relation to the domicile question and the matter is being given further consideration.
245 Deputy Bernard J. Durkan asked the Minister for Health and Children when mobility allowance will be awarded to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [20369/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
246 Deputy James Bannon asked the Minister for Health and Children if she will provide additional funding for a group (details supplied) in County Longford; and if she will make a statement on the matter. [20665/07]
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.
The Group in question has recently been approved €48,215 additional capital grant assistance under the EOCP. I understand the Childcare Directorate of my Office has informed the Group of this decision. This brings the total capital grant assistance approved for this Group to €1,047,580 under the EOCP.
247 Deputy Niall Collins asked the Minister for Health and Children the level of funding for both capital and current expenditure provided to projects (details supplied) in County Limerick. [20762/07]
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.
The following are the total figures for capital and staffing grant assistance approved to date for the Groups referred to, listed in the order in which they appear in the details supplied with the question.
Group 1 Capital — €1.2 million, Staffing — €48,875
Group 2 Capital — €1.4 million, Staffing — none approved to date
Group 3 Capital — €1,570,800 Staffing — €376,733
Group 4 Capital — €525,009 Staffing — €160,000
These grants are subject to contractual arrangements being met with Pobal, the agency engaged to administer the grants. All grants were approved under the EOCP.
248 Deputy John Deasy asked the Minister for Health and Children if her attention has been drawn to the huge implications of the proposed changes in the funding for community childcare groups whereby the funding will no longer be paid in the form of a staffing grant but will be based on the number of disadvantaged children attending which will discriminate against rural groups with less numbers of disadvantaged children; if she will re-examine the scheme with a view to restoring grant aid in its present form; and if she will make a statement on the matter. [21144/07]
The main supports the Government makes available to parents to assist them with their childcare costs are Child Benefit and the Early Childcare Supplement. The latter payment, which is in recognition of the higher childcare costs of pre-school children, is the responsibility of my Office, and it alone amounts to expenditure of over €400m in a full year. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of childcare they choose and regardless of whether they live in urban or rural areas. In addition to these universal supports, Government childcare policy has also recognised the need to target additional supports towards disadvantaged families.
Under the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which is co-funded under the EU Social Fund (ESF), targeted support was provided through the staffing support grant scheme whereby community based not-for-profit childcare providers with a strong focus on disadvantage were awarded grant aid towards their staffing costs to allow them to operate reduced fees to disadvantaged parents. Funding under this scheme was originally awarded for a limited period during which services were expected to move towards sustainability. This funding was subsequently continued to the end of 2007, where it was considered necessary to enable services to continue to make their services accessible to disadvantaged parents. This continuation funding was subject to the condition that tiered fee structures were implemented by the services in question.
As signalled at the launch of the National Childcare Investment Programme 2006-2010 (NCIP), the successor programme to the EOCP, a new scheme to support community childcare services with a focus on disadvantage will be introduced on 1 January 2008 and will continue to complement the universal supports in place for all parents. The Community Childcare Subvention Scheme (CCSS) has been allocated €153 million over the next 3 years representing a 16% increase in funding over the EOCP staffing scheme. Under the new scheme, services will be grant aided according to the service they provide and the profile of the parents benefiting from their service. In turn, the subvention received by the services will be reflected in the reduced fees for parents who qualify as disadvantaged under the scheme.
In practice, this will mean that parents with children in such services and in receipt of most social welfare payments (or participating in a scheme such as Community Employment which demonstrates an underlying entitlement to same) will see a €80 weekly subvention in respect of full daycare (with pro-rata reductions in respect of shorter hour services). Parents in receipt of Family Income Supplement (FIS), will see a €30 weekly subvention in respect of full daycare (with pro-rata reductions). A further subvention of €30 per week will be paid where the subvented child is a baby, in recognition of the higher costs associated with the care of children aged under 1 year. Parents who do not qualify under either of these categories will be charged the cost price for their childcare service, however, as community not-for-profit services will, generally, have availed of capital grant aid under the EOCP or NCIP removing the requirement to cover rent and/or a mortgage, and as the services are run on a not-for-profit basis, this should still be significantly below the market price.
It is considered that the new scheme will provide an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community childcare services generally. The scheme has been informed by and takes account of a number of enhancements recommended by the report of the Value for Money Review of the EOCP. These include the fact that the subvention to services will be more responsive to the level of service provided as well as the degree of parental disadvantage supported and the ceiling for funding, which existed under the previous scheme, is being removed. Account will also be taken of all of the operational costs of the service rather than staffing costs alone. Services, including full-time, part-time and sessional ones, which at present are, in some cases, inaccessibly priced for disadvantaged parents, will be available to them at more appropriate rates under the new scheme.
The Community Childcare Subvention Scheme will not discriminate against rural services and the number of parents in rural areas supported by the new scheme is not expected to be lower than in urban areas. Per capita, the majority of the social welfare benefits which are referenced by the new schemes are availed of by more people outside the Dublin area than in it and parents in receipt of Farm Assist will attract the higher level of subvention. Data available from EOCP grant applications also suggests that the costs of running a rural service, and therefore the costs charged to parents, are lower than those for services in urban areas.
Given the advantages of the new scheme, the increase in the level of funding available under it, and given that a majority of services will benefit from the changes it introduces, I do not propose that the Government row back on its commitment to increase these supports for disadvantaged parents, which would be the effect of what the Deputy proposes. Transitional arrangements have been made under which existing grant recipients will continue to be funded at their current levels until 1st July 2008. This is to ensure that existing childcare services are facilitated to adjust to the new scheme, including making any adjustments necessary to their fee structures. I have also signalled that the more detailed and comprehensive data which will be generated by the new scheme will be monitored by officials in my Office over the coming months and, if appropriate, any adjustments necessary to secure the best outcomes for childcare services and for disadvantaged parents and their children will be considered at that time.
249 Deputy Finian McGrath asked the Minister for Health and Children if she will ensure that dental services and facilities for the disabled are improved in 2007. [19720/07]
On the 25th September last, I was very pleased to announce the research and development of a new National Oral Health Policy. This new oral health strategy, the first such strategy in thirteen years, will be undertaken by the Department of Health and Children, in conjunction with the HSE. The development of this new national strategy will allow a critical examination of the many challenges and issues currently facing the dental sector in Ireland.
In developing this policy, it is intended to examine some of the following areas:
A revised regulatory regime for the dental sector in Ireland culminating in a new Dentists Act.
The integration of oral health in the wider health care delivery system to include enhance synergies with health promotion, children's health, primary care partnerships, disability services, long stay care and services for older people.
Competition issues as raised by the Competition Authority in its report/s on the dental profession in Ireland.
Manpower planning, specialization and skills-mix including the recognition and future expansion of role of auxiliary dental professions and the identification of appropriate training needs.
Examining the possibility of stream-lining the existing state-funded dental schemes.
Service delivery issues such as orthodontic services, and special needs dentistry.
In the context of the development of this new oral health policy I am committed to examining the level of services available to existing groups within our society including people with disabilities.
It is expected that the new National Oral Health Policy report will be available in Summer 2008.
250 Deputy Finian McGrath asked the Minister for Health and Children if she will ensure that organisations (details supplied) are supported in 2007. [19721/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
252 Deputy Tony Gregory asked the Minister for Health and Children the reason for the delay in forwarding documentation from the Health Service Executive Rathdown Road to the Medical Cards Appeals Office in respect of a medical card appeal by a person (details supplied) in Dublin 7. [19723/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
253 Deputy Olwyn Enright asked the Minister for Health and Children if her attention has been drawn to the proposals to fully implement the 2006 national mental health policy framework, A Vision for Change; the status of the policy; and if she will make a statement on the matter. [19724/07]
306 Deputy Finian McGrath asked the Minister for Health and Children the position regarding improvements in the Mental Health Services in 2007; and the plans for same for 2008. [19988/07]
369 Deputy Róisín Shortall asked the Minister for Health and Children the progress made on recommendations contained in A Vision for Change; if Budget 2008 will include provision for significantly increased resources for the mental health services, reflecting the economic and social benefits of investing in prevention and more effective interventions in mental health. [20456/07]
439 Deputy Seán Barrett asked the Minister for Health and Children if she will provide a timeframe for the investment of significantly increased resources for mental health services with particular reference to prevention and more effective intervention; and if she will make a statement on the matter. [20950/07]
I propose to take Questions Nos. 253, 306, 369 and 439 together.
The Report of the Expert Group on Mental Health Policy, "A Vision for Change", which was launched in January 2006, provides a framework for action to develop a modern, high quality mental health services for a seven to ten year period. The Report represents Government policy and is the basis for the future development of our mental health services.
An independent Monitoring Group was established in March 2006, to monitor and assess progress by the Health Service Executive, government departments and other agencies in implementing the recommendations set out in the Report. The Monitoring Group's first annual report was published in May 2007.
Implementation of the individual recommendations of "A Vision for Change", is a matter primarily for the HSE. In July 2006, the HSE established an implementation group to ensure that mental health services develop in a synchronised and consistent manner across the country and resource service managers and clinicians in making the recommendations in "A Vision for Change" a reality. The HSE intend to publish their implementation plan by the Autumn which is to include a timed and prioritised set of short, medium and longer term goals. In acknowledging the need to provide a dedicated and coordinated response to "A Vision for Change", the HSE appointed a full time Project Manager to progress the implementation plan.
Since 1997, significant additional revenue funding has been invested in mental health services. Approximately €1 billion will be spent on mental health services in 2007. This includes an additional €51 million which was allocated in 2006 and 2007 for the development of our mental health services in line with "A Vision for Change". The estimated cost of implementation of "A Vision for Change" is approximately €150 million.
Future funding will be considered in the context of the estimates process for 2008 and subsequent years.
254 Deputy Denis Naughten asked the Minister for Health and Children her plans to relieve pensioners over the age of 65, who do not have a medical card, from the cost of prescription medication in view of the financial burden many older people are faced with; and if she will make a statement on the matter. [19725/07]
The Drugs Payments Scheme, which protects against excessive medicines costs, is available to non-medical card holders. Under this scheme, no individual or family unit pays more than €85 per calendar month, or approximately €20 per week, towards the cost of approved prescribed medicines. The scheme is available to all age groups, is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.
There are no plans to make further provision towards the costs of drugs and medicines for persons over 65, additional to the Drugs Payment Scheme.
255 Deputy Denis Naughten asked the Minister for Health and Children her views on abolishing the 2% health levy for people over the age of 65 in view of the financial burden pensioners are faced with; and if she will make a statement on the matter. [19726/07]
273 Deputy James Bannon asked the Minister for Health and Children her views on the abolition of the two per cent health levy for persons over 65 years of age; and if she will make a statement on the matter. [19813/07]
I propose to take Questions Nos. 255 and 273 together.
The Health Contribution was introduced by virtue of the Health Contributions Act 1979 and came into effect on the 6th April of that year. The contributions are levied on income at a percentage rate set in pursuance of the Health Contributions Act and are paid over to the Minister for Health and Children in respect of the Vote for the Health Service Executive. The current rate of contribution is 2% of gross income up to €1925 per week or €100,100 per annum and 2.5 % on the balance of income in excess of those amounts in a contribution year. Subject to exemptions, the rate of contribution is applicable to all persons over the age of sixteen with reckonable income, earnings or emoluments.
The exemptions, as outlined in Section 11 of the Act, are those whose income does not exceed €480 per week, those who are fully eligible for health services as set out in Section 45 of the Health Act 1970 (i.e. medical cardholders in this State, including those workers covered under EC Regulation 1408/71), recipients of a Social Welfare Widow's/Widower's Pension, One-parent Family Payment or Deserted Wife's Benefit/Allowance, as well as those in receipt of a Widow'/Widower's pension acquired under the social security legislation of an EU member State.
When the primary legislation was enacted no upper age limit applied to the health contribution. However, as the Deputy is aware, following the announcement in Budget 2001, full eligibility for health services under Section 45 of the Health Act was granted to those aged 70 and over, effectively placing an upper age limit of 69 years on liability to pay health contributions.
There are no current proposals to alter any of these exemptions or to provide an exemption from paying health contributions to those aged between 65 and 69.
256 Deputy Denis Naughten asked the Minister for Health and Children her views on including the cost associated with obtaining a doctor’s letter to renew a driving licence for pensioners over 70, within the benefits of the medical card in view of the financial burden older people are faced with; and if she will make a statement on the matter. [19727/07]
275 Deputy James Bannon asked the Minister for Health and Children her views on whether it is equitable that persons over 70 years of age have to obtain a letter from their doctor to renew their driving licence but same is not covered by a medical card; and if she will make a statement on the matter. [19815/07]
I propose to take Questions Nos. 256 and 275 together.
The law provides that persons aged 70 years or more are required to undergo a medical review for driving licence renewal purposes. As you will be aware, this requirement is one which is determined by the Department of the Environment, Heritage and Local Government and is therefore outside the responsibility of my Department.
In making arrangements for the provision of publicly funded GP services, under the General Medical Services (GMS) Scheme, an agreement was negotiated between the Department of Health and Children and the GP representative body, the Irish Medical Organisation (IMO). The provisions of this agreement took the form of the current GMS GP Capitation Contract. This contract is a treatment-based contract and gives effect to the statutory requirement to provide GP medical and surgical services without charge to eligible persons; this includes persons aged 70 and over, who are automatically entitled to a medical card. The contract stipulates that the fees paid to GMS GPs are not made in respect of certain certificates which may be required, for example, "under the Social Welfare Acts or for the purposes of insurance or assurance policies or for the issue of driving licences". As these non-treatment type services are outside the scope of the GMS GP contract, it is a matter between the GP and the person seeking the particular service to agree a fee.
While certificates for various applications are provided by medical practitioners, they are not a medical treatment service and are not considered a core aspect of public health service provision.
257 Deputy Denis Naughten asked the Minister for Health and Children her views on extending chiropody services available under the medical card; and if she will make a statement on the matter. [19728/07]
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.
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.
258 Deputy Denis Naughten asked the Minister for Health and Children if she will make BreastCheck available to women over the age of 65; and if she will make a statement on the matter. [19729/07]
276 Deputy James Bannon asked the Minister for Health and Children when she plans to make breast checks available for women over 65 years of age; and if she will make a statement on the matter. [19816/07]
368 Deputy Pat Breen asked the Minister for Health and Children when mobile breast screening will be made available to the women of County Clare; and if she will make a statement on the matter. [20446/07]
I propose to take Questions Nos. 258, 276 and 368 together.
I am committed to ensuring that the BreastCheck service is rolled out to the remaining regions in the country as quickly as possible. I have allocated additional revenue funding of €8 million to the National Cancer Screening Service for this year to meet the additional costs involved. The full complement of 111 staff for roll-out has been approved. BreastCheck appointed the Clinical Directors for the South and West last November and has also appointed four Consultant Radiologists, two Consultant Surgeons and two Consultant Histopathologists, all with a special interest in breast disease. The recruitment of Radiographers and other staff is underway.
I have also made available an additional €26.7m capital funding for the construction of two new clinical units and the provision of seven additional mobile units and state of the art digital equipment. The static units at University College Hospital Galway and the South Infirmary/Victoria Hospital in Cork are due to be completed in late Autumn and BreastCheck has confirmed that the programme will commence national roll-out in October.
The BreastCheck clinical unit in the Western Area at University College Hospital Galway will have three associated mobile units. BreastCheck has already commenced screening in the West, with the provision last May of a mobile unit at Roscommon County Hospital. The expansion of the BreastCheck programme to the Western region will cover counties Clare, Galway, Sligo, Roscommon, Donegal, Mayo, Leitrim, and Tipperary North Riding. There are approximately 58,000 women in the target age group in these counties. Screening in individual counties will be dictated by BreastCheck's management and operational considerations.
The expert advice from BreastCheck and from the National Cancer Forum, as contained in its National Strategy for Cancer Control, is that following the national extension of the current programme, the upper age limit should be extended to women aged 69 years. The priority of BreastCheck is to screen women who have not yet been screened and accordingly it is fully focused at present on the commencement of the first round of screening in the West and South. I will consider extending the age limit as recommended when the national roll-out of the programme is sufficiently developed and it is assured that a quality service is being delivered. Any woman irrespective of her age who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.
259 Deputy Charles Flanagan asked the Minister for Health and Children the steps that have been taken to provide isolation units for cystic fibrosis patients of St. Vincent’s Hospital, Dublin in line with international best practice; and the action that will be taken to improve cystic fibrosis care here in the next six months. [19742/07]
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 issue 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.
260 Deputy Finian McGrath asked the Minister for Health and Children if she will assist a group (details supplied) as a matter of priority. [19751/07]
My Department received an application for a grant from the Health and Children allocation of National Lottery funds from the organisation referred to.
There is a protocol in my Department for processing applications for National Lottery grants. Following assessment, evaluation and recommendation, applications are considered in the context of the recommendation and the overall level of funds available to me. This application is one of many under consideration for a grant from my Department and the organisation in question will be informed as soon as a decision has been made.
261 Deputy Finian McGrath asked the Minister for Health and Children if she will assist persons (details supplied). [19752/07]
300 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to a person (details supplied). [19920/07]
I propose to take Questions Nos. 261 and 300 together.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
262 Deputy Finian McGrath asked the Minister for Health and Children if she will provide the maximum support on an issue (details supplied); and if she will work with the team in order to improve the service. [19753/07]
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 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.
263 Deputy Finian McGrath asked the Minister for Health and Children if she will assist a group (details supplied). [19754/07]
271 Deputy Dan Neville asked the Minister for Health and Children the position regarding registration of hypnotherapists in accordance with the Health and Social Care Professional Act 2005. [19809/07]
I propose to take Questions Nos. 263 and 271 together.
I established the Health and Social Care Professionals Council (HSCP Council) in March of this year, under the Health and Social Care Professionals Act 2005, to put in place a regulatory system for the 12 health and social care professions included in the Act. The HSCP Council has overall responsibility for the system and are working to put in place an organisational structure and establish registration boards for the 12 professions.
The Act provides a framework to guide future decisions on the protection of additional titles, however, I understand that the priority for the HSCP Council is to put the regulatory structures in place for the professions designated in the Health and Social Care Professionals Act 2005.
264 Deputy Charlie O’Connor asked the Minister for Health and Children the progress to date with regard to improving conditions in accident and emergency departments; her plans for the future; and if she will make a statement on the matter. [19762/07]
Improving the delivery of Accident and Emergency services continues to be the Government's top priority in health. The new Programme for Government contains a number of additional measures which will build on the progress made to date and which are designed to bring about further improvements in the quality and accessibility of A & E services. These are:
To increase the number of A & E consultants available around the clock in A & E departments;
To further develop chest pain and respiratory clinics; and
To establish a national network of Local Injury Clinics.
The over-riding objectives are to reduce the numbers waiting for admission, the time spent waiting for admission, and the turnaround time for those who can be treated in A & E and do not require admission.
The Health Service Executive's activity statistics continue to indicate significant reductions in the number of patients awaiting admission as compared with the previous year. Over the first eight months of 2007, the average number of patients awaiting admission each day was 95. This compares with an average of 173 patients over the first eight months of 2006. This represents an average reduction of 45%. There has also been a significant reduction in the number of hospitals reporting incidences of patients waiting unnecessarily long times for admission.
The majority of the hospitals which had been identified as experiencing difficulties in relation to the delivery of Emergency Department services have for some time been meeting initial performance targets set by the HSE. The HSE has indicated that it will introduce revised performance targets in October.
The report of the HSE's Emergency Department Task Force recommended that the issues in Emergency Departments be examined on a whole-hospital and whole-system basis. It identified the requirement for hospital-specific initiatives as well as the development of national responses in relation to key structural issues.
A key requirement is the development of strong internal management control processes at hospital and community levels to ensure that capacity is fully optimised and that measures designed to unlock capacity are supported by strong controls which enable an appropriate balancing between emergency and elective workloads.
My Department is assured by the HSE that a series of additional measures are being put in place to ensure the delivery of an improved service for patients and to reduce pressure on A & E departments. These include a number of hospital avoidance measures such as:
the expansion of the Hospital in the Home scheme to the Dublin Academic Teaching Hospitals;
the Rapid Access Clinic for the elderly at the Smithfield Centre in Dublin;
the development of Community Intervention Teams;
the roll-out of more primary care team;
the expansion of out-of-hours GP services; and
the expansion of community diagnostic services.
Measures being taken to improve and optimise acute hospital capacity and capability include the development of:
Seven new Community Nursing Units in Dublin;- Additional long-stay beds outside of Dublin;
Additional Admission Lounges;
Acute Medical Assessment Units at Navan and Naas;
Acute Medical Admission Units at Beaumont, Sligo and Tallaght; and
Enhanced diagnostic capability in hospitals.
265 Deputy Charlie O’Connor asked the Minister for Health and Children the policies she has put in place to extend medical card coverage; her plans for the future; and if she will make a statement on the matter. [19763/07]
416 Deputy Eamon Gilmore asked the Minister for Health and Children her views on aligning the medical card income guidelines with social welfare budget increases; and if she will make a statement on the matter. [20842/07]
I propose to take Questions Nos. 265 and 416 together.
Changes to the medical card assessment guidelines are made from time to time, primarily to ensure that people whose general circumstances have not changed can maintain their entitlement. Such periodic adjustments have not involved a linkage with the social welfare system. Under the current assessment arrangements, persons whose sole income is derived from Department of Social and Family Affairs payments or HSE payments, even if these exceed the assessment guidelines, qualify for a medical card.
My Department and the HSE monitor the number of medical cards and GP visit cards on an ongoing basis and the need for changes to the guidelines is kept under review, having regard to factors such as changes in income levels generally, the nature of typical household outgoings and also changes to the various social welfare schemes.
Since the beginning of 2005 I have introduced a number of significant changes to the manner in which the assessment for medical cards and GP visit cards is undertaken. The assessment guidelines have been increased by a cumulative 29%. Applications are now considered on the basis of income net of tax and PRSI and allowance is made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work. In June 2006, I agreed with the Health Service Executive (HSE) a further adjustment to the assessment guidelines for GP visit cards and these are now 50% higher than those used in respect of medical cards.
Between January 2005 and September 2007 a net additional 188,308 people have qualified for access to GP services free of charge. This figure comprises an additional 114,723 people with a medical card and a further 73,585 people with a GP visit card.
The Programme for Government commits to the following:
Indexing the income thresholds for medical cards to increases in the average industrial wage;
Implementation of an annual publicity campaign and making applications easier so as to increase uptake amongst those who are eligible for Medical Cards and GP Visit Cards;
Doubling of the income limit eligibility of parents of children under 6 years of age, and trebling them for parents of children under 18 years of age with an intellectual disability.
My Department is at present considering the steps required to enable these commitments to be implemented.
My Department is also examining the steps necessary to give effect to the Towards 2016 commitment to review the eligibility criteria for the assessment of medical cards in the context of medical, social and economic/financial need with a view to clarifying entitlement to a medical card.
266 Deputy Charlie O’Connor asked the Minister for Health and Children the policies she has put in place to improve disability services nationwide; her plans for the future; and if she will make a statement on the matter. [19765/07]
The Government is committed to providing a high quality service to all people with a disability as illustrated by the substantial investment in the disability sector over the last number of years.
As part of this commitment the National Disability Strategy was launched in September 2004. It provides for a framework of new supports for people with disabilities. The Strategy builds on a strong equality framework, which is reflected in several pieces of equality legislation. It puts the policy of mainstreaming of public services for people with disabilities, which was adopted by Government in 2000, on a legal footing. The main elements of the Strategy are:
The Disability Act, 2005;
The Education for Persons with Special Educational Needs Act, 2004;
Six Outline Sectoral Plans published by Government Departments;
The Citizens Information Act, 2007.
Funding of Multi-Annual Investment Programme (2006-2009): An integral part of the National Disability Strategy is the Multi-Annual Investment Programme, MAIP, announced in the 2005 Budget, which provides for an additional €900m to support the development of high priority disability services over the period 2006 to 2009. The programme covers both current and capital spending. These commitments include the development of new residential, respite and day places for persons with intellectual disability and autism and the development of new residential places and extra hours of home support and personal assistance for persons with physical and/or sensory disabilities in each of the years covered by the programme.
In 2007 additional funding amounting to €75m was provided to meet costs associated with the 2007 element of the Multi-Annual Investment Programme and in particular to enhance the multi-disciplinary support services for people with disabilities. This is in line with the Government's commitment to build capacity within the health services to deliver on the various legislative provisions contained in the National Disability Strategy.
The MAIP provides that, by the end of 2009, 1290 new residential places, 430 new respite places, and 2,540 new day places will have been commissioned for intellectual disability services and those with autism. In the same period 380 new residential places and 1,200,000 extra hours of home support and personal assistance will be provided for people with physical and sensory disabilities.
In addition, an extra €2m is being provided each year of the programme to cover the cost of additional staffing needs in order to transfer about 600 persons with intellectual disability / autism from psychiatric hospitals and other inappropriate placements.
Disability Act 2005: The Disability Act 2005 is a central element of the National Disability Strategy. The Act is a positive measure designed to advance and underpin participation by people with disabilities in everyday life.
Part 2 of the Act commenced for children aged under 5 years with effect from 1st June 2007 and provides for an independent assessment of need for such persons and for a formal statement of the services that will be provided to them arising from the assessment. This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011.
In the meantime, services for adults with a disability will continue to be developed over the next number of years. The primary focus of many of the elements of the Multi-Annual Investment Programme is on meeting the identified needs of adults with disabilities. Enhancements in multi-disciplinary support services for both adults and children will also be put in place progressively over the coming years. In advance of the commencement of the Act for all age groups, the HSE will be promoting the practice of assessment of individual needs and the provision of service statements for all service users, as capacity permits.
267 Deputy Charlie O’Connor asked the Minister for Health and Children the polices she has put in place to improve health services for older people; her plans for the future; and if she will make a statement on the matter. [19766/07]
Government Policy: Government policy in relation to older people is to support people to live in dignity and independence in their own homes and communities for as long as possible and, where this is not possible, to support access to quality long-term residential care. This policy approach is renewed and developed in the latest partnership agreement, Towards 2016.
Services for Older People are a priority for the Government. This is reflected in the funding committed to services for older people in Budgets 2006 and 2007. In 2006, the Government funded the largest ever expansion in services for older people with a full year cost of €150m. In 2007 a full year package of €255m has been allocated for services for older people. This gives a total of over €400m added to services for older people over two years.
Significant new community-based initiatives have been provided in recent times to support older people. In 2006 a total of 2,000 extra Home Care Packages were provided at a full year cost of €55m (prior to this date only 1,100 packages had been in operation on a pilot basis). A further €55m made available in 2007 will allow new packages to benefit some 4,000 people.
In relation to the Home-Help service, an extra €18m was provided in Budget 2007 to enable the HSE fund some 780,000 additional home helps hours this year.
Additional funding provided by the Government this year will also allow for a further 1,100 day places per week in Day Care centres around the country, and enhancement of the Meals-on Wheels services.
The Fair Deal: The new nursing home care support scheme a Fair Deal starts in January 2008. It will provide uniform financial support for individuals in private and public nursing home beds. The new scheme involves a co-payment arrangement between the individual and the State. At the time of receipt of care, the individual will contribute 80% of disposable income towards the cost of care. In addition, a capped contribution towards care costs based on an individual's asset wealth will be payable at the time of settlement of the individual's estate. The Heads of a Bill are currently being drafted and will be brought before Government in the coming weeks.
Standards: The Health Act, 2007 provides for the registration and inspection of all nursing homes — public, private and voluntary. Inspections will be carried out by the Social Services Inspectorate, part of Health Information and Quality Authority (HIQA). The existing inspection and registration systems for residential services will be replaced by a strengthened and expanded system and the Act strengthens and modernises the registration and de-registration process.
Statutory responsibility is given to the Chief Inspector of Social Services for inspecting and registering children's residential centres, residential centres for people with disabilities and residential centres for older people, including private nursing homes. Residential Centres will be inspected against standards set by HIQA.
Improvements to Subvention: From 1st January 2007 there are no longer three separate rates for subvention. Persons who apply may receive any amount up to a maximum of €300 per week. Additional funding of €55 million was provided for this purpose in Budget 2007.
In addition to the increased rate of basic subvention, additional funding of €30 million has been made available in 2007 for enhanced subvention. This is a supplementary subvention, paid by the HSE, to a person in or entering private long-term care. The amount of enhanced subvention paid is at the discretion of the HSE and varies according to the cost of care.
The additional enhanced subvention funding will be used (i) to develop a consistency between the payment of subvention during 2007 and the new nursing home support scheme for 2008, and (ii) to work towards equalisation of the level of support paid to people in different areas (taking local prices and a person's means into account).
Palliative Care: The provision of a world class palliative care service, remains a priority of this Government and is reflected in the significant development in services and policy in recent years. As outlined in Towards 2016, the Government is committed to further developing palliative care throughout Ireland with particular reference to the 2001 Report of the National Advisory Committee on Palliative Care.
Funding of €18 million has been provided in 2006 and 2007 to develop palliative care services. This funding is being used to improve services in consultation with the newly established Regional Development Committees and in line with the recommendations made in the report of the National Advisory Committee.
The Department of Health and Children has convened a working group to develop a policy for children's palliative care, and a draft policy will be ready by the end of 2007.
Dementia: The Action Plan for Dementia, published in 1999, describes a model of best practice for the provision and planning of dementia care in Ireland. There is a complementary link between Government policy in the area of the care of older people and care for people with dementia. Both policies stress the need to provide support in dignity and independence, through the provision of appropriate services to the people concerned and their carers. The Government is fully committed to providing such support and service improvement, including the expansion of community and residential care services for people with dementia.
Elder Abuse: The Government continues to attach priority to combating elder abuse, and the HSE has recruited 26 of the 32 senior case workers needed to give effect to policy in this area. Elder abuse officers have been appointed in two of the four HSE regions and elder abuse steering groups have also been set up in each of the regions.
Programme for Government: The Government's commitment to older people is set out in the new Programme for Government. A new National Positive Ageing Strategy will be developed in conjunction with the recognised voluntary groups in this area and will include:
The development of operational plans by Government Departments clearly setting out objectives relating to older people.
Joined up thinking on initiatives serving older people.
Ongoing mechanisms to monitor progress and identify challenges.
Liaising with recognised voluntary groups in the area.
And giving consideration to the appointment of an Ombudsman for Older People.
The Department of Health and Children is currently considering the mechanisms to develop the new Strategy for Positive Ageing and details will be announced when this work is finalised.
268 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in having an admission appointment arranged for a person (details supplied) in County Cork who needs a hip replacement operation. [19772/07]
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.
269 Deputy Finian McGrath asked the Minister for Health and Children if she will support a group (details supplied) in County Limerick in their efforts that funding should be transferred to the Health Service Executive disability units for the delivery of health related services as many disability groups are dependent on FÁS community employment schemes. [19800/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
270 Deputy Finian McGrath asked the Minister for Health and Children if she will assist persons (details supplied) in Dublin 5. [19805/07]
301 Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 5 will be assisted. [19923/07]
I propose to take Questions Nos. 270 and 301 together.
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(s) investigated and to have a reply issued directly to the Deputy.
272 Deputy James Bannon asked the Minister for Health and Children if she will make funding available for a Health Service Executive residence (details supplied) in County Longford to enable level D patients to live in their own communities; and if she will make a statement on the matter. [19811/07]
385 Deputy James Bannon asked the Minister for Health and Children the current and projected staffing levels for a Health Service Executive residence (details supplied) in County Longford; and if she will make a statement on the matter. [20579/07]
I propose to take Questions Nos. 272 and 385 together.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
274 Deputy James Bannon asked the Minister for Health and Children her views on the abolition of the payment of €85 per month for prescription drugs for persons over 65 years of age; and if she will make a statement on the matter. [19814/07]
There are currently no plans to revise the eligibility requirements for the Drugs Payment Scheme.
277 Deputy Finian McGrath asked the Minister for Health and Children if advice and support will be given to a group (details supplied) in Dublin 5. [19831/07]
The question relates to the management and delivery of health and personal social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to have this matter investigated and to have a reply issued directly to the Deputy.
278 Deputy Finian McGrath asked the Minister for Health and Children if advice will be given to persons (details supplied) in County Dublin. [19832/07]
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services including the provision of additional residential, respite and day care places to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
279 Deputy Finian McGrath asked the Minister for Health and Children if advice and assistance will be given to persons (details supplied) in Dublin 5. [19834/07]
288 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to persons (details supplied) in Dublin 5. [19856/07]
I propose to take Questions Nos. 279 and 288 together.
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, 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.
280 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to a person (details supplied) in Dublin 5. [19838/07]
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.
281 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to persons (details supplied) in Dublin 9. [19839/07]
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.
282 Deputy Finian McGrath asked the Minister for Health and Children the position regarding the safety of masts in residential areas and their implications for health safety. [19840/07]
The consensus of scientific opinion to date regarding possible adverse health effects from electromagnetic fields (EMF) exposure from mobile phone masts is that there is no evidence of a causal relationship between such exposure and ill health. The World Health Organisation (WHO) has assessed the many reviews carried out in this area and has indicated that exposures below the limits recommended by the International Commission on Non-Ionising Radiation Protection (ICNIRP) in their 1998 Guidelines do not produce any known adverse health effects. These guidelines are based on a careful analysis of all peer-reviewed scientific literature and include thermal and non-thermal effects.
In 1999, the European Community introduced recommendations on the limitation of exposure of the general public to electromagnetic fields, based on the ICNIRP guidelines. Ireland complies with these recommendations. The Commission for Communication Regulations (COMREG) monitors compliance with regard to telecommunication masts.
The Deputy may wish to note that approval for the erection of a mobile phone mast in a particular area is a matter for the local planning authority. Guidelines for Planning Authorities in relation to Telecommunications Antennae and Support Structures are a matter for my colleague the Minister for the Environment, Heritage and Local Government.
Research is ongoing in relation to this issue and my Department will continue to monitor developments concerning the possible health effects of exposure to electromagnetic fields.
283 Deputy Lucinda Creighton asked the Minister for Health and Children her views on the statement of the chief executive officer of the Health Services Executive, Professor Drumm, that the health services are very well resourced (details supplied); the reason the HSE’s budgetary position in April 2007 showed a deficit of almost €200 million; her views on whether expenditure by the HSE is out of control; and if she will make a statement on the matter. [19848/07]
The Revised Estimates Volume 2007 provides €13,431 million for day to day spending by the Health Service Executive which is an increase of 10.6% over the underlying 2006 provision. This substantial increase in funding means in my view that the HSE is being well resourced and in particular it comes in the wake of substantial year on year increases for some time now.
At the end of August the HSE was over its planned budget by €222 million on its Vote. In order to deal with this the HSE has put in place a ‘Breakeven Plan' which consists of a number of corrective measures to ensure a balanced budget at year end. Accordingly, HSE Management has decided that:
All recruitment be suspended for September after which the situation will be reviewed.
All ‘non frontline' expenditure be critically reviewed.
The intention is that these measures will not impact on ‘front line' services which will be maintained in line with the National Service Plan and provision is made that where critical or essential vacancies arise, they may be filled by re-deployment of existing staff.
It should be noted that to date this year, the HSE has exceeded the service targets which were set out in its Service Plan and has treated substantially more people than in the same period last year.
The HSE are ensuring that patient care is not compromised and that it continues to maintain and improve the high level of service being provided.
284 Deputy Finian McGrath asked the Minister for Health and Children if she will assist young blind people under the age of 18 in obtaining guide dogs. [19851/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
285 Deputy Áine Brady asked the Minister for Health and Children if the Health Service Executive will include a product (details supplied) for use in skin burn cases in the GMS card scheme. [19853/07]
There is a common list of reimbursable medicines for the General Medical Services and Drug Payment schemes. This list is reviewed and amended monthly, as new products become available and deletions are notified. For an item to be reimbursed, it must comply with published criteria, including authorisation status as appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. Products are considered for reimbursement on application by a supplier.
Dermatox is not currently reimbursable through the state schemes. Any application by a supplier to have Dermatox included on the common list will be considered in the usual way.
People who experience undue financial hardship in obtaining any particular product should contact the local area office of the Health Service Executive.
286 Deputy Áine Brady asked the Minister for Health and Children when the Health Service Executive will provide training via the ambulance service to first responders in the north Kildare area covering the areas of Cologherinkoe, Cadamstown, Broadford, Newtown and Derrinturn. [19854/07]
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 / issue 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.
287 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to a person (details supplied) in Dublin 3. [19855/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsiblility of the Health Service Executive under the Health Act 2004. 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.
289 Deputy Tom Hayes asked the Minister for Health and Children if the shortage of physiotherapy services in County Tipperary will be addressed. [19858/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
290 Deputy Áine Brady asked the Minister for Health and Children the plans the Health Service Executive Dublin mid-Leinster region have to reduce the waiting list for assessment in speech and language therapy (details supplied). [19859/07]
As the Deputy may be aware, an additional sum of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This sum incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services including therapy services to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's question relates to the management and delivery of health and personal social, services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
291 Deputy Jimmy Deenihan asked the Minister for Health and Children if funding will be made available to an organisation (details supplied) in County Kerry; and if she will make a statement on the matter. [19862/07]
292 Deputy Jimmy Deenihan asked the Minister for Health and Children if a grant will be approved to an organisation (details supplied) in County Kerry to provide an occupational therapist for people with intellectual disabilities as the Health Service Executive does not have a remit for this essential service; and if she will make a statement on the matter. [19863/07]
380 Deputy Jimmy Deenihan asked the Minister for Health and Children the plans her Department has to provide residential and respite services for people with Downs syndrome in Kerry as the service providers cannot meet the demand due to the inadequate levels of funding from the Government; and if she will make a statement on the matter. [20564/07]
381 Deputy Jimmy Deenihan asked the Minister for Health and Children if she will provide the necessary funding to the Health Service Executive to put in place a team of therapists for adults with Downs syndrome to include speech therapist, psychologist, physiotherapist, social worker, dietician, behavioural therapist and clinical nurse specialist, as these services are not available to the majority of adults with Downs syndrome in Kerry; and if she will make a statement on the matter. [20565/07]
I propose to take Questions Nos. 291, 292, 380 and 381 together.
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.
293 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 3 will be assisted. [19869/07]
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.
294 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) will be assisted. [19870/07]
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 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.
295 Deputy Brendan Howlin asked the Minister for Health and Children her views on the establishment of dedicated, separate cystic fibrosis units in public general hospitals; the number of such units currently in place and their locations; if she will provide details of such further units as are proposed; the status of such proposals; and if she will make a statement on the matter. [19872/07]
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 issue 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.
296 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of applications under the nursing home repayment scheme that have been rejected on the grounds that the patient died prior to the cut-off date of 9 December 1998. [19888/07]
The Health Service Executive which has responsibility for administering the health repayment scheme has informed my Department that to date 962 applications have been rejected on the basis that the patient died prior to the 9th December 1998.
297 Deputy Finian McGrath asked the Minister for Health and Children if she will investigate the statistic that over 30% of teenage suicides are committed by gays and lesbians and that one of every three transgenders commits suicide; and if she will draw up an action plan to assist these people. [19908/07]
Mortality data, including principal causes of death, is collected by the Central Statistics Office (CSO) through the death registration system. Data on the sexual orientation of the deceased is not recorded by the CSO. I am not aware of the basis for the statistic quoted by the Deputy.
"Reach Out" — the National Strategy for Action on Suicide Prevention, which was published in September 2005, recommends the development of supports and information / education resources to improve mental health and well-being and reduce any increased risk of suicidal behaviour among marginalised groups.
The National Office for Suicide Prevention (NOSP) was established by the Health Service Executive to oversee the implementation of the strategy and to coordinate suicide prevention activities across the State, consult widely in relation to the planning of future initiatives and ensure best practice in suicide prevention.
The NOSP has provided funding to the Gay and Lesbian Equality Network (GLEN) to determine the risk of suicidal behaviour and mental health needs of the gay and lesbian community. NOSP also provides funding to BelongTo Youth Project, a national gay lesbian youth organisation, to fund a suicide prevention project worker.
298 Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 17 will be assisted. [19914/07]
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.
299 Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 5 will be assisted. [19915/07]
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.
302 Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 9 will be assisted. [19925/07]
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 issue 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.
303 Deputy Joan Burton asked the Minister for Health and Children the position in relation to the issuing of anti-stab vests for paramedics and ambulance personnel; and if her attention has been drawn to the fears of crews subject to attack and the view that they should be provided with such protection. [19927/07]
307 Deputy Tony Gregory asked the Minister for Health and Children if anti-stab vests will be made available to ambulance personnel as requested by their representative organisation. [20007/07]
328 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her Department will examine the feasibility of providing anti-stab vests for fire brigade and ambulance personnel in view of attacks on these personnel; and if she will make a statement on the matter. [20097/07]
359 Deputy Tony Gregory asked the Minister for Health and Children if she will authorise the issuing of anti-stab vests to frontline paramedics as requested by the Association of Ambulance Personnel in view of attacks on paramedics. [20383/07]
360 Deputy Ruairí Quinn asked the Minister for Health and Children her proposals to ensure that anti-stab vests are issued to front line paramedics who require such protection within the increasingly more aggressive society here where the number of ambulance crews being subject to physical attacks is rising; and if she will make a statement on the matter. [20399/07]
366 Deputy Niall Collins asked the Minister for Health and Children if she and the Health Service Executive will provide anti-stab vests to ambulance personnel in view of the fact that security personnel in the Mid Western Regional Hospital are wearing anti-stab vests. [20443/07]
I propose to take Questions Nos. 303, 307, 328, 359, 360 and 366 together.
Under the Health Act 2004, the Health Service Executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personnel social services. This includes responsibility for paramedics and ambulance personnel.
My Department has therefore requested the HSE to investigate the matter raised by the Deputy in relation to the provision of anti-stab vests to paramedic and ambulance staff and to reply directly to him.
304 Deputy Catherine Byrne asked the Minister for Health and Children if she plans to provide funding for low income families to access speech and language therapy for their children who require same; the support systems currently in place for such families; and if she will make a statement on the matter. [19947/07]
As the Deputy may be aware, my Department's policy in relation to assistance for low income families in order to access health services is the provision of medical cards. Medical cards are provided for persons who, in the opinion of the Health Service Executive, are unable without undue hardship to arrange general practitioner, medical and surgical services for themselves and their dependants. A medical card allows a person, access to a range of health services, free of charge.
The current system of eligibility divides the population into those with full eligibility (medical card holders) and those with limited eligibility (all others). Other than for persons aged 70 years and over who have full eligibility regardless of means, entitlement to a medical card is determined by reference to undue hardship measured in the first instance by means. The Executive has discretion to grant a card in cases where income guidelines are exceeded.
Those with full eligibility receive all services free of charge, with the exception of a co-payment in respect of long-stay institutional care and home help services. Speech and Language therapy, whether provided in the out-patient department of a public hospital or through a public health clinic is, under the current legislation, free of charge to all, irrespective of whether the person has full or limited eligibility. If a person decides to access speech and language therapy in a private capacity, they move outside the public system, and any fee charged is a private contractual arrangement between the patient and the therapist.
If the Deputy is referring to an individual case, the relevant details should be forwarded to the Health Service Executive who, under the Health Act 2004 have responsibility for the management and delivery of health and personal social services including the provision of speech and language therapy.
305 Deputy Tom Hayes asked the Minister for Health and Children when nursing home charges will be repaid to a person (details supplied) in County Tipperary. [19952/07]
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.
308 Deputy Richard Bruton asked the Minister for Health and Children the number of separated children here seeking asylum who are accommodated by the Health Service Executive; the estimated cost of this accommodation and the social work and other care support provided to these children; and if an assessment has been carried out of the level of service and its capacity to meet the needs of these children. [20008/07]
The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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.
309 Deputy Edward O’Keeffe asked the Minister for Health and Children when repayment of nursing home charges will be awarded to a person (details supplied) in County Cork; and if her attention has been drawn to the fact that despite raising this matter on a number of occasions, the position has not been made available. [20009/07]
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.
310 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has made or will make representations to the Health Service Executive in the case of a person (details supplied) in County Cork; if she has ascertained the status of this case; if the HSE intends to close the case. [20012/07]
The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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. In view of the reply which has issued to Deputy Caoimhghín Ó Caoláin, the Minister has requested that the HSE reply directly to the deputy as a matter of urgency.
311 Deputy Pat Breen asked the Minister for Health and Children if assistance will be given to a person (details supplied) in County Clare; and if she will make a statement on the matter. [20025/07]
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.
312 Deputy Pat Breen asked the Minister for Health and Children when funding will be made available for home help in County Clare (details supplied); and if she will make a statement on the matter. [20027/07]
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 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.
313 Deputy Pat Breen asked the Minister for Health and Children if she will review an application for a person (details supplied) in County Clare; and if she will make a statement on the matter. [20028/07]
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.
314 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for dental treatment; and if this treatment will be carried out in Castlebar. [20058/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
315 Deputy Michael Ring asked the Minister for Health and Children the reason an appointment for a person (details supplied) in County Mayo has been postponed four months to January 2008. [20059/07]
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 case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
316 Deputy Michael Ring asked the Minister for Health and Children if she will carry out a complete audit into the way that children are assessed and deemed eligible or otherwise by the Health Service Executive for orthodontic treatment; her plans to review the 1985 guidelines to ensure that the same severity index is used to determine the need for treatment in order that patients with malocclusion will receive treatment; and if she will make a statement on the matter. [20060/07]
373 Deputy Michael Ring asked the Minister for Health and Children if she will review the 1985 guidelines with regard to orthodontic treatment for children, particularly in view of the numbers of children being refused treatment despite their need for it; and if she will make a statement on the matter. [20505/07]
I propose to take Questions Nos. 316 and 373 together.
The Orthodontic Review Group, established by the HSE in 2006, finalised its report this year. One of the recommendations contained in the report relates to the guidelines issued in 1985. The Review Group made a unanimous recommendation to the HSE to replace these guidelines with new assessment criteria based on Index of Orthodontic Treatment Need (IOTN). The national implementation of the proposed guidelines will ensure equity of access to treatment for all patients deemed eligible. The Review Group's report has been approved by the HSE's Management Team.
317 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive payment under the health repayment scheme. [20061/07]
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.
318 Deputy Michael Ring asked the Minister for Health and Children when a unit (details supplied) in County Galway will be operational; the reason it was removed from use; and the steps that have been taken or need to be taken to ensure that the equipment is put back in use. [20062/07]
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 question raised by the Deputy. 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.
319 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive payment under the health repayment scheme. [20063/07]
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.
320 Deputy Michael Ring asked the Minister for Health and Children the number of vehicles currently available, within the Health Service Executive, for the west region for WESTDOC; the number and type of vehicle, year of manufacture, number of drivers employed and so on; the annual cost of this service for 2006 and to date in 2007; the number of staff employed in relation to the WESTDOC service; and if she will make a statement on the matter. [20064/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
321 Deputy Michael Ring asked the Minister for Health and Children the funding allocated and the amount spent in relation to the provision of transport for people attending hospital appointments in County Mayo in each of the past five years. [20065/07]
330 Deputy Michael Ring asked the Minister for Health and Children the alternative plans that have been put in place to accommodate persons (details supplied). [20129/07]
331 Deputy Michael Ring asked the Minister for Health and Children the reason the Health Service Executive west has changed its policies in relation to a service (details supplied). [20130/07]
332 Deputy Michael Ring asked the Minister for Health and Children the reason the Health Service Executive west are no longer transporting people (details supplied). [20131/07]
342 Deputy Michael Ring asked the Minister for Health and Children the action that will be taken regarding people (details supplied) in relation to their travel arrangements to hospital appointments. [20190/07]
I propose to take Questions Nos. 321, 330 to 332, inclusive, and 342 together.
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/issue 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.
322 Deputy Michael Ring asked the Minister for Health and Children the position between the Irish Dental Association members and the Health Service Executive regarding the dental treatment service scheme; the progress made in resolving this dispute; and if she will make a statement on the matter. [20066/07]
329 Deputy Michael Ring asked the Minister for Health and Children the reason a person who holds a medical card can no longer access dental treatment through the family dentist; and if she will make a statement on the matter. [20115/07]
I propose to take Questions Nos. 322 and 329 together.
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. 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.
If an eligible patient cannot access the services of a dentist because the dentist has resigned from the DTSS, that patient may approach any dentist within the Scheme for treatment.
323 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive payment under the health repayment scheme. [20067/07]
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.
324 Deputy Michael Ring asked the Minister for Health and Children the number of claims verified for the repayment of nursing home charges to date; the number of claims received to date; the number of those claims that relate to living persons; the number that relate to the estates of deceased persons; the average repayment to date; the amount paid out; and the number who have subsequently appealed the repayment figure. [20068/07]
The Health Service Executive which has responsibility for administering the health repayment scheme has informed my Department that over 29,000 applications have been received with 11,000 applications on behalf of living claimants and 18,000 applications in respect of the estates of deceased persons. As of 14 September 2007 offers of repayment totalling €112m have been issued in some 5,900 cases. Repayments totalling €66.6m have been made to almost 3,300 applicants. The average repayment is approximately €20,000. The Appeals Office established under the scheme has indicated that 254 notices of intention to appeal the amount of repayment offered have been received.
325 Deputy Michael Ring asked the Minister for Health and Children when an occupational therapy appointment will be arranged for a person (details supplied) in County Mayo. [20069/07]
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services including therapy services to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
326 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive payment under the health repayment scheme. [20090/07]
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.
327 Deputy Edward O’Keeffe asked the Minister for Health and Children if an appointment for a hip replacement will be arranged for a person (details supplied) in County Cork. [20096/07]
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.
333 Deputy Michael Ring asked the Minister for Health and Children the outcome of the case of a person (details supplied) in County Mayo. [20134/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.
334 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [20149/07]
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.
335 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 4 will be assisted. [20170/07]
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 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.
336 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be provided with a long stay bed. [20174/07]
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 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.
337 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be provided with a bed in Belmullet District Hospital. [20175/07]
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.
338 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be transferred to a long stay bed. [20176/07]
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.
339 Deputy Michael Ring asked the Minister for Health and Children if day care will be provided to a person (details supplied) in County Mayo; and if they will be assessed for day care as soon as possible. [20177/07]
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.
340 Deputy Michael Ring asked the Minister for Health and Children if a long stay bed will be provided for a person (details supplied) in County Mayo. [20178/07]
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.
341 Deputy Pádraic McCormack asked the Minister for Health and Children the situation regarding the recruitment of home help assistance; if vacancies are filled when home helpers retire; if the embargo on the recruitment of staff is affecting the recruitment of home help assistance; and if she will make a statement on the matter. [20187/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
343 Deputy Finian McGrath asked the Minister for Health and Children if assistance will be given to persons (details supplied) in Dublin 17; and if a long-term care plan will be put in place. [20193/07]
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services, including the provision of additional respite places, to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
344 Deputy Finian McGrath asked the Minister for Health and Children if she will ensure that a person (details supplied) in Dublin 9 is seen by an occupational therapist urgently; and if they will be given the maximum support. [20195/07]
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services including occupational therapy services to adults and children with an intellectual, physical and sensory disability and those with autism.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
345 Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for funding by a group (details supplied) in County Kildare under the National Lottery funds; and if she will make a statement on the matter. [20230/07]
My Department received an application for a grant from the Health and Children allocation of National Lottery funds from the organisation referred to.
There is a protocol in my Department for processing applications for National Lottery grants. Following assessment, evaluation and recommendation, applications are considered in the context of the recommendation and the overall level of funds available to me. This application is one of many under consideration for a grant from my Department and the organisation in question will be informed as soon as a decision has been made.
346 Deputy Michael Ring asked the Minister for Health and Children if she will arrange a re-assessment for orthodontic treatment for a person (details supplied) in County Mayo. [20258/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
347 Deputy Michael Ring asked the Minister for Health and Children the reason home help is not being provided to a person (details supplied) in County Mayo; and the further reason their application has not been approved. [20259/07]
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
348 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an appointment date for assessment at the day hospital, in Naas General Hospital; and if she will make a statement on the matter. [20273/07]
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 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.
349 Deputy Finian McGrath asked the Minister for Health and Children the position regarding improvements at a facility (details supplied) in Dublin 9; and if the maximum support will be given in 2007 and 2008. [20275/07]
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 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.
350 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of persons (details supplied) in County Waterford in view of the fact that all documents requested has been submitted; and if she will make a statement on the matter. [20283/07]
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.
351 Deputy Bernard J. Durkan asked the Minister for Health and Children if provision will be made for orthodontic treatment for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20284/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
352 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [20285/07]
355 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20289/07]
I propose to take Questions Nos. 352 and 355 together.
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.
353 Deputy Bernard J. Durkan asked the Minister for Health and Children if an increase in home help hours will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20286/07]
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.
354 Deputy Bernard J. Durkan asked the Minister for Health and Children if a mobility allowance will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20288/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
356 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. [20290/07]
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.
357 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. [20292/07]
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.
358 Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to the medical card application by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20293/07]
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.
361 Deputy Tony Gregory asked the Minister for Health and Children if tablets (details supplied) will be placed on the medical card list as they are used on a widespread basis mainly by elderly people for failing eyesight. [20405/07]
There is a common list of reimbursable medicines for the General Medical Services and Drug Payment schemes. This list is reviewed and amended monthly, as new products become available and deletions are notified. For an item to be reimbursed, it must comply with published criteria, including authorisation status as appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. Products are considered for reimbursement on application by a supplier.
Ocuvite tablets are not currently reimbursable through the state schemes. Any application by a supplier to have Ocuvite tablets included on the common list will be considered in the usual way.
362 Deputy Tom Hayes asked the Minister for Health and Children the length of time the freeze on recruitment in the Health Service Executive will last; and if the operating theatre and six surgical beds closed due to the freeze in Clonmel will be promptly re-opened. [20416/07]
The HSE National Management Team has developed a financial break-even plan aimed at remaining within its Vote for 2007. The plan includes a pause in recruitment for an initial period of one month beginning on 5 September. The position is due to be reviewed by the HSE on 1 October in the light of the financial situation then pertaining. Other features of this plan include
cancelling all foreign travel for the remainder of the year
cancelling all domestic hotel bookings for the remainder of the year, and
reviewing all non front-line expenditure to ensure that it is authorized at an appropriately senior level.
There are over 120,000 people working in the public health system and the temporary pause in recruitment must be viewed in that context. I share the concern of the HSE to ensure that patient care is not affected during the recruitment suspension. It is the HSE's clear intention that these measures, which involve 200-300 posts, will not impact on ‘front line' services and it has made provision for critical or essential vacancies to be filled by re-deployment of existing staff.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
363 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 3 will be assisted. [20417/07]
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.
364 Deputy Tom Hayes asked the Minister for Health and Children the way Health Service Executive recruitment freeze will impact on Cashel hospital. [20419/07]
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 / issue 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.
365 Deputy Niall Collins asked the Minister for Health and Children if a general practitioner (details supplied) in County Limerick can continue their GMS work with the Health Service Executive after their 70th birthday. [20439/07]
Under the General Medical Services (GMS) scheme general practitioners hold one of two contract types, i.e. the Fee per Item contract (first introduced in 1972) or the Capitation contract (effective from 1989). These contracts reflect the agreed outcome of negotiations between my Department and the GP representative body, the Irish Medical Organisation.
Both contract types contain provisions which were agreed between the parties on a range of issues, including retirement age. The terms of the Capitation contract, which was agreed between the parties, provide that GPs who entered into contracts on the date of its commencement could hold the contract up to age 70 and that all subsequent GP contractors could hold the contract up to age 65. General Practitioners may, subject to continued registration with the Medical Council, continue to practice and to treat private patients following retirement from the GMS scheme.A review of the contractual arrangements for the provision of services under the GMS scheme and other publicly funded schemes is being undertaken at present. In this context, I have asked my Department, in conjunction with the HSE, to review the current arrangements regarding the age at which GPs must retire from the GMS scheme.
367 Deputy Pat Breen asked the Minister for Health and Children the steps she will take to provide emergency funding and resources to alleviate the current crisis at Ennis General Hospital; and if she will make a statement on the matter. [20445/07]
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 question 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.
370 Deputy Niall Collins asked the Minister for Health and Children her plans for infrastructural projects (details supplied). [20457/07]
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 question 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.
371 Deputy Finian McGrath asked the Minister for Health and Children the position in relation to a service (details supplied) in Dublin 9; and if they will be supported. [20479/07]
As the Deputy may be aware the implementation of the findings of the Harmond Wolfe Report was subject to the availability of exchequer funding. In this regard additional funding of €10million was provided in the 2006 Budget and €5million was provided in the 2007 Budget to address core under funding and core staffing issues in services for people with disabilities provided by the voluntary sector.
As the allocation of funding is a matter for the Health Service Executive under the Health Act 2004, 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.
372 Deputy Michael Ring asked the Minister for Health and Children if home help will be restored to a person (details supplied) in County Mayo to five mornings a week for at least the next three months. [20483/07]
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.
374 Deputy Michael Ring asked the Minister for Health and Children if she will arrange a reassessment of a person (details supplied) in County Mayo for orthodontic treatment, in view of the fact they have been advised that they need a brace and their family are not in a financial position to afford the treatment needed. [20506/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
375 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. [20511/07]
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.
376 Deputy Bernard J. Durkan asked the Minister for Health and Children if a one to one carer will be offered to a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [20527/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
377 Deputy Pat Breen asked the Minister for Health and Children when measures will be put in place for a person (details supplied) in County Clare; and if she will make a statement on the matter. [20545/07]
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.
378 Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo will be provided with transport for their hospital appointments. [20546/07]
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 / issue 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.
379 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be paid under the health repayment scheme in view of the fact that they have submitted all the necessary information to support the claim; and if the claim will be dealt with as quickly as possible.. [20562/07]
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.
382 Deputy Róisín Shortall asked the Minister for Health and Children if she has received correspondence from a person (details supplied) in Dublin 9 regarding an unacceptable level of patient care in the Mater Hospital; her response to date; and the actions she proposes to take to rectify the situation. [20571/07]
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 case raised by the Deputy.
Correspondence from the person concerned was received by my Department and referred to the HSE for investigation. My Department is advised that the correspondence was forwarded to the Mater Hospital and that a comprehensive reply will be issued to the person concerned shortly.
383 Deputy Michael Ring asked the Minister for Health and Children if, in view of the fact that applications for the health repayment scheme have been received by the Health Service Executive and the information for the country is scanned, the information will be released to the representatives of the family that have made applications. [20577/07]
The Health Service Executive (HSE) which administers the health repayment scheme has informed the Department that the scheme administrator has scanned records in 345 institutions to date. A dedicated website www.repay.ie, and 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 to access general information on the scheme.
When a valid application has been processed the scheme administrator issues a letter of offer to the claimant which includes a breakdown by year of the maintenance charges which are to be repaid together with the amount of interest due by reference to the consumer price index. Under Data Protection legislation information relating to individual claims cannot be provided to third parties and in this regard, all enquiries in relation to individual claims should be made by the applicant concerned.
384 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be given an occupational therapy appointment. [20578/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
386 Deputy Michael Ring asked the Minister for Health and Children if she will investigate the case of a person (details supplied) in County Mayo. [20591/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.
387 Deputy Olwyn Enright asked the Minister for Health and Children the measures put in place for the recruitment drive of permanent midwives for the maternity unit, at the Midlands Regional Hospital, Portlaoise; her views on same; and if she will make a statement on the matter. [20610/07]
The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling. There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
388 Deputy Olwyn Enright asked the Minister for Health and Children the number of maternity units that are able to offer epidurals on a 24 hour seven day a week basis; the number not able to offer this; the hours that it is available at these units; her views on same; and if she will make a statement on the matter. [20611/07]
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 issue 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.
389 Deputy Olwyn Enright asked the Minister for Health and Children the recommended staffing levels in a maternity unit, proportional to its sizes; her views on same; and if she will make a statement on the matter. [20612/07]
The HSE has recently commissioned a comprehensive review of maternity and gynaecology services in the Greater Dublin Area. This review will include an evaluation of current capacity, usage and deployment of consultants, midwives, beds, neonatal care, theatres, outreach clinics, home care, emergency facilities, diagnostics, gynaecology and other services provided. An independent report will be produced which will make recommendations on the optimal configuration of primary, community and hospital services for safe, sustainable, cost effective and high quality maternity services.
My Department has not issued guidelines on the nursing and midwifery complements for maternity hospitals. Subject to overall parameters set by Government the Health Service Executive has the responsibility for determining the composition of its staffing complement. In this regard, it is a matter for the HSE to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
390 Deputy Olwyn Enright asked the Minister for Health and Children the staffing levels at each of the maternity units here; and if she will make a statement on the matter. [20613/07]
The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling.
There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
391 Deputy Olwyn Enright asked the Minister for Health and Children if the recommendations of an independent review of the maternity unit at the Midlands Regional Hospital, Portlaoise, in 2006, to significantly increase staffing levels, including midwives, support and clerical staff, have been taken on board; her views on the matter; and if she will make a statement on the matter. [20614/07]
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 issue 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.
392 Deputy Richard Bruton asked the Minister for Health and Children if she has seen the terms of the contract under which refunds of moneys unlawfully collected by the Government from persons in nursing homes is being administered; if the Health Service Executive or the private contractor has been responsible for the delays in making the refunds; and if the penalty provisions for failing to meet targets apply either to the HSE as an agent of her, or to the private contractor as an agent of the HSE. [20615/07]
The Health Service Executive (HSE) has responsibility for administering the repayment scheme for recoverable health charges, including the recruitment of the external scheme administrator KPMG/McCann Fitzgerald on a contractual basis to assist with the administration of the scheme. This contract between the HSE and the scheme administrator is for a period of two years and expires in July 2008. My Department had no involvement in negotiating the terms of the contract or the penalties contained therein. The HSE has informed my Department that any penalty provisions in the contract will be applied by the HSE as required.
The HSE has indicated that the delays in making refunds under the scheme have been due to legal and technical issues. A high proportion of the applications received cannot be processed due to insufficient information or the information provided is unclear.
393 Deputy Richard Bruton asked the Minister for Health and Children if she will make arrangements whereby nebulisers needed for the proper administration of medication will be covered under the drug refund scheme in order that people with prescribed medications can avail of same without hardship. [20616/07]
The reimbursement of expenditure incurred on prescribed drugs, such as the medication required for use in the nebuliser, is provided for in Section 59 of the Health Act, 1970. Subsection (2) of this Act formed the basis for the Drug Cost Subsidisation Scheme (DCSS) and the Drug Refund Scheme (DRS), which were merged into the Drug Payment Scheme (DPS) in 1999. This section provides for the making by the Health Service Executive (HSE) of arrangements to recoup a part (if any) of expenditure that may be incurred by a person with limited eligibility (i.e. a non medical card holder ) on drugs, medicines, and medical and surgical appliances, approved for the purposes of this section.
The list of reimbursable medicines for the General Medical Services Scheme (GMS) and the DPS is reviewed monthly, as new products become available and deletions are notified. For an item to be reimbursed it must comply with a published list of criteria. These criteria include authorisation status where appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. As nebulisers do not require a Product Authorisation from the Irish Medicines Board, they cannot be considered for reimbursement under the schemes.
People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP card, which covers the cost of general practice consultations.
394 Deputy Fergus O’Dowd asked the Minister for Health and Children if she will carry out an investigation into the death of a person (details supplied) in County Louth and the issues in relation to the response from the doctor on call service; and if she will make a statement on the matter. [20622/07]
I would like to offer my sympathy to the family of the person referred to in the Deputy's question.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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 as a matter of urgency.
395 Deputy James Reilly asked the Minister for Health and Children if her Department has a chief dental officer; and if not, when one will be appointed; and if she will make a statement on the matter. [20623/07]
The question of the appointment of a Chief Dental Officer is being actively considered by my Department at present. In the meantime, my Department has available to it the services of a dental advisor on secondment from the Health Service Executive.
396 Deputy Joanna Tuffy asked the Minister for Health and Children the number of ambulance requests from a hospital (details supplied) to take patients from that hospital to the accident and emergency department of another public hospital. [20629/07]
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 / issue 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.
397 Deputy Tony Gregory asked the Minister for Health and Children if she will investigate concerns that a product (details supplied) marketed at young children is damaging to health and sold in identical bottles to alcopops thus acting as a springboard to the use of alcopops; the action she will take in relation to same; and if she will make a statement on the matter. [20635/07]
My Department has asked the Food Safety Authority of Ireland to look into the matter raised by the Deputy to ensure that the consumer is not being misled and that there are no food safety issues involved.
398 Deputy Damien English asked the Minister for Health and Children when a person (details supplied) in County Meath will receive an appointment to see an orthopaedic consultant. [20652/07]
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 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.
399 Deputy James Reilly asked the Minister for Health and Children if she will make additional resources available for cytology services at the Rotunda Hospital, taking into account the closure of cytology services in some hospitals and the resultant additional workload experienced in the Rotunda Hospital, where smear tests have gone from four to six weeks to a longer period of eight to nine weeks, and longer if the test result is abnormal; and if she will make a statement on the matter. [20653/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in relation to the matter raised.
400 Deputy Róisín Shortall asked the Minister for Health and Children her views on the impending closure of a varicose veins unit (details supplied) in Dublin 3; the reason for the closure of this facility; and the steps she is taking to help patients find alternative care. [20654/07]
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 issue 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.
401 Deputy James Bannon asked the Minister for Health and Children the steps she has taken to ensure that the Health Service Executive pays for the treatment of a person (details supplied) in County Longford; and if she will make a statement on the matter. [20663/07]
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 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.
402 Deputy James Bannon asked the Minister for Health and Children the specific action she proposes to take to address the 100% unemployment among 2007 physiotherapy graduates in view of the fact that the private sector does not normally recruit from newly qualified physiotherapists and that self employment is not an option on qualification; and if she will make a statement on the matter. [20670/07]
There has been a growing demand for and investment in physiotherapy services over the last number of years. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of physiotherapy graduates and, in this regard, training places have increased significantly in recent years and currently stand at 145. In addition, the number of physiotherapists employed in the public health service has increased 137.84% from end Dec 1997 to end June 2007 (from 592.89 to 1,410.12 WTE).
I am aware that some physiotherapy graduates have had difficulty in obtaining employment. My Department is addressing this situation in a proactive manner and is working closely with the HSE to tackle the various factors which are contributing to this situation. A working group made up of representatives from my Department, the HSE and the profession itself, including nominees from the unions, is continuing to work to manage this situation. This group, working in close partnership, has identified all the contributing factors to this complex matter and has developed a comprehensive Action Plan to address the matter. The group is now working through prioritised actions.
403 Deputy James Bannon asked the Minister for Health and Children if it is Health Service Executive policy to publish statistics on numbers employed to include both staff on paid leave, that is maternity, sick, annual and so on, and also contract staff replacing them, thus introducing double counting into the published figures; if this is the case will she provide a breakdown of the HSE employment figures given in note 7 of the HSE 2006 accounts into permanent staff actually working in HSE, permanent staff on paid leave, permanent staff on unpaid leave and contract staff replacing permanent staff on leave; if staff numbers between 2005 and 2006 actually did increase; and if she will make a statement on the matter. [20672/07]
I wish to advise that the Health Service Personnel Census, which contains data in relation to the numbers (in wholetime equivalent terms) employed in the public health service, is the responsibility of the Health Service Executive. In that regard, the Executive is the appropriate body to consider the 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.
404 Deputy Shane McEntee asked the Minister for Health and Children the time frame for a decision on the location of the new regional hospital for the north east; and if she will make a statement on the matter. [20675/07]
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 issue 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.
405 Deputy Bernard J. Durkan asked the Minister for Health and Children when follow up tests and scans will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20679/07]
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 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.
406 Deputy Bernard J. Durkan asked the Minister for Health and Children when urgent home help will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20680/07]
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.
407 Deputy Bernard Allen asked the Minister for Health and Children the reason the provision of elastic stockings which have been medically recommended for elderly patients has been removed from the GMS and patients are now being asked to disclose their income from their pension and other incomes before they are being assessed in view of the fact that applicants are elderly and in possession of a medical card. [20702/07]
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 issue 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.
408 Deputy Brendan Howlin asked the Minister for Health and Children if her attention has been brought to the fact that there are currently no return-to-midwifery-practice courses in any of the Dublin maternity hospitals; if this is due to the fact that the person who previously coordinated the return-to-midwifery-practice course in Dublin was seconded to her Department in 2005 and has not been replaced; if it is intended to remedy this situation in the near future; and if she will make a statement on the matter. [20703/07]
The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling. There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
409 Deputy Finian McGrath asked the Minister for Health and Children if she will assist a group (details supplied). [20704/07]
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.
410 Deputy Richard Bruton asked the Minister for Health and Children if the Health Service Executive have reviewed all families in receipt of nursing home subvention to award them the benefit of the revised rate of basic and enhanced payment; and the value of the average payment at present compared to that in 2006. [20745/07]
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 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.
411 Deputy Richard Bruton asked the Minister for Health and Children the estimated number of new people who will become eligible for payment from January 2008 under the enhanced scheme; if those on subvention will have an option of retaining existing subvention; and if she will apply indexation to the current limit for book and enhanced subvention. [20746/07]
Anyone who is in long-term care in a nursing home prior to the 1st January 2008 will be eligible to apply for support under the new nursing home support scheme, A Fair Deal. There are approximately 8,180 people in receipt of subvention at present. When the Fair Deal commences, these people can choose to retain their existing arrangements or they can apply for support under the new scheme. The Fair Deal is likely to be more beneficial for these people, and nobody will be made worse off as a result of the new scheme. In addition, many people who do not currently receive any financial support from the State — an estimated 3,700 — will now be eligible to apply for the Fair Deal. There is no intention to apply an indexation to the current rates of subvention at this time.
412 Deputy John Deasy asked the Minister for Health and Children when she expects the delay of 18 months for consultant referrals to reduce; if her attention has been drawn to the immense hardship these delays are causing people in pain; and if she will make a statement on the matter. [20768/07]
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 issue 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.
413 Deputy Bernard J. Durkan asked the Minister for Health and Children the precise procedures, services or facilities including support services for the parents of children suffering from autism; the precise enhancements made in this regard in the past six months; if and when she expects one stop shop facilities including diagnosis, advice and support is expected to become available to parents thereby alleviating the burden and responsibilities thrust upon them at present in regard to these issues; and if she will make a statement on the matter. [20834/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
414 Deputy Bernard J. Durkan asked the Minister for Health and Children her long term vision for the accommodation, administration and funding of the facilities currently available at a school (details supplied) in County Kildare; if her attention has been drawn to proposals which will result in rationalisation of the services including a scaling down of the onsite residential accommodation and replacement with community based facilities; if the necessary funding to meet these requirements is expected to become readily available to her Department or otherwise; if adequate long term residential accommodation is expected to be retained to meet current and expected needs with particular reference to ensure adequate in-house residential accommodation for those with severe or profound disability; her views on whether the ultimate responsibility for such services rests with her Department; and if she will make a statement on the matter. [20835/07]
As the Deputy may be aware, additional funding of €75m for revenue purposes was provided to the Health Service Executive for Disability Services in the 2007 Budget. This amount incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy. This Strategy is committed to enhancing the level and range of multi-disciplinary support services to adults and children with an intellectual, physical and sensory disability and those with autism.
The provision of educational facilities, including administration and funding, is a matter for the Department of Education and Science.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
415 Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [20841/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
417 Deputy Bobby Aylward asked the Minister for Health and Children if, in view of the delay in orthodontic treatment provided to children within the Health Service Executive south region, she will include this treatment under the treatment purchase scheme; and if she will make a statement on the matter. [20844/07]
The new Programme of Government contains a commitment that orthodontic cases can be referred to the National Treatment Purchase Fund (NTPF) by creating an orthodontic fund to treat children who have been waiting the longest for treatment. Officials from my Department will examine the steps involved in advancing this issue while also having discussions with the National Treatment Purchase Fund.
418 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in County Tipperary will be assisted with their request. [20857/07]
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 case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
419 Deputy Denis Naughten asked the Minister for Health and Children when the 34 bed unit will be built in St. Vincent’s Hospital, Dublin for the treatment of cystic fibrosis; and if she will make a statement on the matter. [20866/07]
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 case issue 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.
420 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 230 of 26 June 2007 and in view of the investigations being conducted by the Health Service Executive and the Irish Human Rights Commission into the sheltered work programme, she will review the policy of not increasing the training bonus; and if she will make a statement on the matter. [20868/07]
Prior to June 2000, some categories of Fás trainees, who are regarded as socially disadvantaged, e.g. travellers and lone parents, received a training bonus of £25 (31.75) per week. This entitlement was extended by Fás to people with disabilities in vocational training. In the interest of equity, the Department of Health and Children responded to the Fás decision by introducing a similar payment (the rehabilitative training bonus) for rehabilitative trainees. As the Department of Health and Children's payment is linked to the Fás payment, any consideration of a change in the rate would need to be taken in the context of the rate paid by Fás to its trainees.
421 Deputy Denis Naughten asked the Minister for Health and Children if she will provide a breakdown by county of funding allocated under Equal Opportunities Childcare Programme 2000 to 2006; the funding allocated to date on a county basis under the National Childcare Investment Programme 2006 to 2010; and if she will make a statement on the matter. [20870/07]
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.
The EOCP has both an equal opportunities and a social inclusion perspective and aims to increase the supply of centre based childcare places by 55 per cent (or 31,300 additional places) by Programme end. This target has already been exceeded, with some 35,500 additional places already created by the Programme. The NCIP has a funding allocation of €575 million and aims to create an additional 50,000 new childcare places. It is expected that approximately 22,000 of these places will be in the private sector and 28,000 in the community/not for profit sector. Twenty per cent of the overall places will be for children in the 3 to 4 age group and will provide an early childhood care and education focus.
The table below shows the breakdown of funding by County under the EOCP and NCIP to date. It also includes funding for a number of regionally focused projects, commitments to National Voluntary Childcare Organisations and City and County Childcare Committees.
|
County |
EOCP 2000-2006 |
NCIP 2006-2010 |
|
Carlow |
9,256,797 |
619,956 |
|
Cavan |
9,519,369 |
4,613,180 |
|
Clare |
14,470,798 |
9,991,194 |
|
Cork |
50,217,865 |
13,418,763 |
|
Donegal |
18,712,515 |
7,128,408 |
|
Dublin |
114,116,213 |
21,332,826 |
|
Galway |
24,652,442 |
11,571,150 |
|
Kerry |
27,664,917 |
7,864,874 |
|
Kildare |
7,763,061 |
4,708,808 |
|
Kilkenny |
13,167,291 |
3,621,050 |
|
Laois |
8,535,875 |
2,071,576 |
|
Leitrim |
8,440,865 |
1,932,000 |
|
Limerick |
28,896,901 |
4,955,844 |
|
Longford |
11,397,849 |
2,098,275 |
|
Louth |
13,450,330 |
6,623,071 |
|
Mayo |
17,423,975 |
3,887,318 |
|
Meath |
15,122,677 |
3,776,186 |
|
Monaghan |
14,757,160 |
6,180,050 |
|
Offaly |
7,808,226 |
502,945 |
|
Roscommon |
9,259,989 |
1,260,647 |
|
Sligo |
14,540,044 |
818,266 |
|
Tipperary |
20,520,940 |
7,628,064 |
|
Waterford |
18,542,180 |
2,870,133 |
|
Westmeath |
13,147,981 |
3,257,697 |
|
Wexford |
19,548,458 |
6,176,519 |
|
Wicklow |
10,502,781 |
2,621,410 |
422 Deputy Denis Naughten asked the Minister for Health and Children her plans for the publication and enactment of the Pharmacy Bill No. 1 and No. 2; and if she will make a statement on the matter. [20878/07]
The first Pharmacy Act was passed by the Oireachtas on 5th April this year and will be commenced in 3 stages.
Stage 1 of the Pharmacy Act implementation process has been completed and the Council of the new PSI has been established. The Society's Council has been working on reviewing current procedures, and on the preparation of new procedures to allow the commencement of those sections of the Act included in Stage 2 of the process.
Stage 2 will deal with the new procedures which will apply to the registration of pharmacists and pharmacy businesses as outlined in Part 4 of the Act. This stage will also set out the conditions which must be met for the conduct of a retail pharmacy business. It includes the conditions applying to the necessity of having an experienced (3 years post-registration) pharmacist in personal control of the sale and supply of medicinal products in that part of a pharmacy business which consists of the management and administration of such products. It will also put in place Part 7 of the Act dealing with the investigation, and related issues, of any offences, breaches of codes or professional misconduct which may be alleged to have occurred.
Once these new policies and procedures, and the changed regulatory regime for pharmacists and pharmacy businesses, are put in place by the Council it will be possible to revoke the Pharmacy Act, 1962 and affect the removal of the derogation. This new regime will include regulations relating to the supervision of the sale and supply of medicinal products, and new conditions relating to the registration of pharmacists in terms of their forensic and linguistic competency, both in the interest of public safety.
Stage 3 will deal with the Complaints, Inquires and Discipline (Fitness to Practice Provisions) regime — Part 6 of the Act. Part 6 includes the provisions concerning the regulation of the beneficial interest between pharmacists and doctors. As the matters dealt with in Part 6 are being introduced for the pharmacy sector for the first time, and there are many new procedures and policies to be put in place in other areas, it is considered prudent that the new Council of the PSI be permitted to establish all of the necessary registration and inspection functions procedures to enable the proper conduct of any fitness to practice procedures. This is particularly important as Part 6 includes, under sections 63, 64 and 65, the matter of conflict in beneficial interest between pharmacists and doctors. It should also be noted that the proper conduct of Part 6 requires that the other Parts of the Act are functioning efficiently.
The second Pharmacy Bill will follow on from the Pharmacy Act 2007 and will deal with other changes in the regulatory framework for pharmacy and pharmacy services, not addressed in the 2007 Act, and remaining recommendations of the Pharmacy Review Group. Preparation of a framework for, and the publication of, the second Bill, is dependent on the progress of the enactment of the first Pharmacy Act.
423 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 228 of 26 June 2007 regarding the consultation with the IPU the progress to date; the formula which has been agreed to address competition law restrictions; and if she will make a statement on the matter. [20879/07]
My Department and the HSE have been reviewing the pharmaceutical supply chain, with a view to seeking value for money in the State's drugs bill in order to better fund existing and innovative therapies without compromising continuity of supply or patient safety. The review of the Irish Pharmaceutical Healthcare Association (IPHA) and the Association of Pharmaceutical Manufacturers of Ireland (APMI) Agreements, representing the proprietary and generic supplier representative bodies, was completed in mid-2006 and the new agreements are in place.
Following completion of the manufacturer agreements and in line with the process agreed by the Cabinet Committee on Health, the State entered talks with the wholesaler representative body, the Pharmaceutical Distributor's Federation (PDF). As wholesale margins are not addressed in the new IPHA and APMI Agreements, the State intended to negotiate direct formal arrangements with the wholesale sector.
Early in discussions, PDF refused to negotiate a new margin for community supply, based on its own legal advice that this was a contractual matter between individual wholesalers and retailers. Subsequent advice to the HSE, confirmed by the Attorney General's office and Senior Counsel engaged by the Attorney General, indicated that, under section 4 of the 2002 Competition Act, PDF as an association of undertakings may not collectively negotiate fees, prices or margins on behalf of its members.
Given the above position, and the fact that the Irish Pharmaceutical Union is also an association of undertakings, it is not possible for the State to negotiate with PDF or the IPU on fees or margins and such negotiations would place these bodies at risk of prosecution. Accordingly, negotiation with the IPU on fees, as has been done in the past, is no longer possible.
In light of the legal position arising from the wholesaler legal advice, the State negotiating team re-considered how best to address the review of pharmacy contractor services. Following consultation with the IPU, a procedure was agreed to examine available options for advancing contractual negotiations in compliance with Irish and EU competition law. This process is being chaired by Mr Bill Shipsey, SC. Both parties have tabled proposals and this process is continuing.
The State continues to recognise the IPU as the representative body for its members. However, negotiations with the Union must comply with the law. The legal issues that emerged during the wholesale sector review were raised by the wholesaler representatives. Once the State became aware of these issues, it was no longer possible to continue as intended. There is, and will continue to be, ongoing dialogue with the IPU as the representative body for pharmacists, in compliance with competition legislation. The negotiating team will consider, in the context of competition law, all available options for advancing the process agreed by the Cabinet Committee on Health for review of the pharmaceutical supply chain. I am satisfied that this process is progressing effectively.
424 Deputy Denis Naughten asked the Minister for Health and Children if she has received a report into the feasibility of introducing the vaccine damage compensation scheme by the vaccine damage steering group; the recommendations of the group; the steps she will take to implement the recommendations; and if she will make a statement on the matter. [20882/07]
I have received an interim report from the Vaccine Damage Steering Group detailing its work to date. The Group is continuing with it's consideration of this matter, and is consulting with a number of representative bodies and individuals, and I look forward to receiving their final recommendations when their work is complete.
425 Deputy Denis Naughten asked the Minister for Health and Children the date and attendees at meetings held between the Health Service Executive and her Department regarding the issue of interest owing to long stay patients for the year 2004 and earlier years; the recommendations and conclusion as a result of these meetings; the approximate annual value of interest which may be owed to patients; and if she will make a statement on the matter. [20887/07]
Officials from my Department (a Principal Officer, 2 Assistant Principal Officers, a Higher Executive Officer and an Executive Officer) liaise with staff from the Health Service Executive (HSE) on a fortnightly basis. The purpose of these meetings is to monitor the implementation of the Health (Repayment Scheme) Act 2006 which includes the regulation of patient private property accounts. The repayment of past interest retained is one of the issues discussed at these meetings.
My Department has received legal advice on this issue indicating that any past interest retained should be repaid in full. The HSE has received independent legal advice and is currently clarifying certain issues in advance of initiating the repayment of interest retained. Officials from my Department will continue to liaise with the HSE in this regard. The HSE has informed my Department that the estimate for total past interest retained up to the end of 2005 is approximately €31m.
426 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 704 of 31 January 2007, her plans and that of the Health Service Executive for the St. Luke’s Hospital site in Rathgar following the transfer of services to St. James’ Hospital; and if she will make a statement on the matter. [20888/07]
The transfer of services from St. Luke's Hospital to new facilities at St. James's Hospital is not due to take place for a number of years.
In the meantime, two additional linear accelerators will be commissioned at St. Luke's in early 2008 and two replacement linear accelerators will be commissioned later in 2008. These will provide much needed interim capacity pending the roll out of the National Plan for Radiation Oncology.
No decisions have yet been taken in relation to the future use of the site and facilities at St. Luke's. However, I intend to ensure that these resources are utilised in the best interest of the health services.
427 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 142 of 1 November 2006, the reason AIT was unsuccessful; and if she will make a statement on the matter. [20892/07]
The Deputy's question relates to the establishment of a School of Podiatry in Ireland. As outlined in my responses to the Deputy's previous questions on the matter, responsibility for its establishment, including its location, is a matter in the final instance for the Department of Education and Science.
In January 2007 the Higher Education Authority (HEA) issued a call for proposals for a BSc in Podiatry programme to Universities and Institutes of Technology (including Athlone Institute of Technology) and the RCSI. The call for proposals provided that any higher education institution submitting a bid should work in partnership with a health care provider for the establishment of a School of Podiatry.
Proposals were evaluated by an independent international group of assessors established by the HEA and their evaluation was informed by the following set criteria — curriculum content, clinical training, strategy and funding. Following completion of this evaluation process, the school was awarded to the National University of Ireland Galway. As provided in the successful proposal a Podiatry Clinic will be developed by the HSE in Galway University Hospitals –Merlin Park to work in partnership with the School to provide for the clinical education and training components of the programme.
I am advised that feedback has been provided to Athlone Institute of Technology by the HEA with a follow-up meeting offered to the Institute.
428 Deputy Denis Naughten asked the Minister for Health and Children her plans to develop the existing diabetic services and introduce new services in County Roscommon; and if she will make a statement on the matter. [20895/07]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
429 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 660 of 31 January 2007, the position regarding the issues raised; and if she will make a statement on the matter. [20896/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
430 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 326 of 24 April 2007, the progress to date in dealing with the issue of domestic violence; and if she will make a statement on the matter. [20901/07]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
431 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 702 of 31 January 2007, her plans to implement the report of the Universal Neonatal Hearing Screening Group; and if she will make a statement on the matter. [20902/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of 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 this matter investigated and to have a reply issued directly to the Deputy.
432 Deputy Charlie O’Connor asked the Minister for Health and Children her plans to implement the recommendations of the report of the Joint Committee on Health and Children in respect of suicide; and if she will make a statement on the matter. [20912/07]
I would like to assure the Deputy that the Government is fully committed to the implementation of suicide prevention initiatives and the further development of our mental health services to prevent and reduce further tragic loss of life.
In September 2005, "Reach Out" — a National Strategy for Action on Suicide Prevention, 2005-2014 was launched. The National Office for Suicide Prevention (NOSP) oversees the implementation of the strategy and has taken on board the recommendations of the Joint Committee on Health and Children into the "High Levels of Suicide in Irish Society".
In 2006, €1.2m additional funding was allocated for suicide prevention initiatives and research. A further €1.85 million has been allocated for 2007 bringing the total funding available in 2007 to support suicide prevention initiatives to approximately €8 million. This funding is being used to develop and implement national training programmes, to complete the availability of self-harm services through A&E Departments, to implement recommendations arising from a review of bereavement services and to support voluntary organisations working in the field of suicide prevention.
433 Deputy Jim O’Keeffe asked the Minister for Health and Children the reason the full information sought in Parliamentary Question No. 920 of 31 January 2007 has not been furnished, in particular the information in relation to the cost of residential care; the approximate weekly cost of same; the details in relation to the examples of and cost of special care or high support units; and if she will make a statement on the matter. [20918/07]
I understand from the Parliamentary Affairs Division in the Health Service Executive that a reply to the Deputy's question of 31 January 2007 was issued on 8 February 2007. Under the Health Act 2004, the provision of health and personal social services is the responsibility of the HSE and, as the Deputy's current question contains more specific requests, I have forwarded the question to them and have asked that they reply directly to the Deputy.
434 Deputy Joe Costello asked the Minister for Health and Children her views on establishing a public enquiry into the allegations contained in a letter (details supplied); and if she will make a statement on the matter. [20923/07]
I refer the Deputy to the answer Mary Hanafin T.D. the then Minister for Children, gave to PQ4258/02. I have no plans to establish a statutory enquiry in relation to the matters raised.
435 Deputy Michael Ring asked the Minister for Health and Children if she will investigate the case of a person (details supplied) in County Mayo in relation to their application for grant aid. [20935/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.
436 Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo can be re-assessed for orthodontic treatment. [20936/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
437 Deputy Denis Naughten asked the Minister for Health and Children the position regarding the reply to Parliamentary Question No. 327 of 24 April 2007; and if she will make a statement on the matter. [20948/07]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
438 Deputy Finian McGrath asked the Minister for Health and Children if she will respond to a query (details supplied). [20949/07]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
440 Deputy Emmet Stagg asked the Minister for Health and Children if the contract has been awarded for phase 3C of Naas General Hospital. [21012/07]
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 issue 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.
441 Deputy Emmet Stagg asked the Minister for Health and Children the waiting time for eye tests for children in Maynooth and Naas Health Centres in County Kildare. [21013/07]
Child health examinations are provided by the Health Service Executive (HSE) to children under 6 years of age and children attending national school in accordance with Section 66 of the Health Act, 1970. Under Section 67 of that Act, such children are eligible for HSE ophthalmic services in respect of problems noted at child health examinations.
As the Health Service Executive has the operational and funding responsibility for Primary Care services, it 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 this matter investigated and to have a reply issued directly to the Deputy.
442 Deputy Emmet Stagg asked the Minister for Health and Children if the three additional speech and language therapists recruited for the Kildare and west Wicklow service are in place. [21014/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
443 Deputy Emmet Stagg asked the Minister for Health and Children the waiting times for hearing tests for children in Newbridge Health Centre in County Kildare and Tallaght Health Centre in Dublin 24; and if consideration will be given to providing hearing tests for children from north Kildare in one of the health centres in north Kildare, either Celbridge, Maynooth or Leixlip. [21015/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
444 Deputy Emmet Stagg asked the Minister for Health and Children the number of people awaiting orthodontic treatment in County Kildare; and the length of time on the waiting list. [21016/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
445 Deputy Emmet Stagg asked the Minister for Health and Children the number of people awaiting sanctioning of home care packages in County Kildare; and the length of time they are awaiting approval. [21017/07]
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 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.
446 Deputy Emmet Stagg asked the Minister for Health and Children the number of people in County Kildare awaiting placement in public nursing homes in County Kildare. [21025/07]
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 provide the information requested 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.
447 Deputy Emmet Stagg asked the Minister for Health and Children if she will provide additional public nursing homes in County Kildare similar to the facility located at the harbour in Maynooth, County Kildare. [21026/07]
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 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.
448 Deputy Jack Wall asked the Minister for Health and Children the number of home help employees employed by the Health Service Executive for each of the years from 2003 to date in 2007 in the Kildare/West Wicklow health area; and if she will make a statement on the matter. [21055/07]
449 Deputy Jack Wall asked the Minister for Health and Children the number of home help hours allocated to the Kildare/West Wicklow health areas for each of the years from 2003 to date in 2007; and if she will make a statement on the matter. [21056/07]
450 Deputy Jack Wall asked the Minister for Health and Children the cost of the home help system in the Kildare/West Wicklow area of the Health Service Executive for each of the years from 2003 to date in 2007; and if she will make a statement on the matter. [21057/07]
451 Deputy Jack Wall asked the Minister for Health and Children the reason that home helps in the Kildare/West Wicklow areas of the Health Service Executive are not granted travel allowance as are their counterparts in other areas of the HSE; and if she will make a statement on the matter. [21058/07]
452 Deputy Jack Wall asked the Minister for Health and Children the plans her Department or the Health Service Executive have or are proposing in relation to upskilling or training of home helps to ensure improvement in the services to senior citizens; and if she will make a statement on the matter. [21059/07]
I propose to take Questions Nos. 448 to 452, inclusive, together.
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
453 Deputy Jack Wall asked the Minister for Health and Children the position of the winter initiative project; the number of personnel involved; the projected cost; the areas to be covered by the project; her plans to extend the project; and if she will make a statement on the matter. [21060/07]
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 issue 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.
454 Deputy Jack Wall asked the Minister for Health and Children the number of employees that have been granted early retirement from the Health Service Executive and that are now being offered or are employed in consultant positions within the HSE; the cost of such consultants; and if she will make a statement on the matter. [21061/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
455 Deputy Jack Wall asked the Minister for Health and Children the number of persons within the Health Service Executive that were given job-related bonuses in the past year; the sections or Departments that the persons were employed in; and if she will make a statement on the matter. [21062/07]
457 Deputy Jack Wall asked the Minister for Health and Children the number of persons within the Health Service Executive that were given job-related bonuses in the past year; the cost to the HSE, the sections or departments that the persons were employed in; and if she will make a statement on the matter. [21064/07]
I propose to take Questions Nos. 455 and 457 together.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
456 Deputy Jack Wall asked the Minister for Health and Children the names of the hospitals that benefited from the recent allocation of extra consultants as a result of best practice within the hospitals; and if she will make a statement on the matter. [21063/07]
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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.
458 Deputy Jack Wall asked the Minister for Health and Children the position of the primary continuous community care plan; if the plan has been fully implemented; if all of the positions for the operation of the plan have been advertised; if so, when and the location of same; if she has satisfied herself with its progress; and if she will make a statement on the matter. [21065/07]
The Primary Care Strategy aims to increase health service capacity through the development of services in the community to give people direct access to integrated multi-disciplinary teams of occupational therapists, general practitioners, nurses, home helps, physiotherapists and others.
It has been estimated that up to 95% of people's health and social services needs can be properly met within a primary care setting and the establishment of new Primary Care Teams can contribute greatly to enhancing community based health services.
The HSE received funding totalling €32m in 2006 and 2007 for the establishment of 200 Primary Care Teams, which altogether will involve the appointment of some 600 additional front-line professionals and thus a significant increase in capacity to meet people's health and social care needs in the community. The Government is committed under the Towards 2016 agreement to the establishment of 300 Primary Care Teams by 2008; 400 by 2009; and 500 by 2011. A review of these targets will be undertaken in 2008.
The provision of the appropriate infrastructure for the effective functioning of the Primary Care Teams is being considered by the HSE, having regard to a number of factors. These include the type and configuration of the services involved, the mixed public/private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services generally over the coming years.
As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matters raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.
459 Deputy Jack Wall asked the Minister for Health and Children the number of positions that remain to be filled in the Health Service Executive in the Kildare/West Wicklow areas in all the various categories of care; the number of positions that have been filled by upgrading officials; if this method of filling positions has financial implications for the HSE in relation to annual as well as pension payments; and if she will make a statement on the matter. [21066/07]
Over 120,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Actual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the 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 to the Deputy.
460 Deputy Jack Wall asked the Minister for Health and Children her Department's plans for the community first responders; if she or her Department has identified resources for the continued training of the volunteers involved; if her Department will provide the necessary funding; and if she will make a statement on the matter. [21067/07]
The Report of the Task Force on Sudden Cardiac Death was published in March, 2006. It makes recommendations on the prevention of sudden cardiac death and on the detection of those at high risk. Among the recommendations of the Task Force is that training initiatives should be prioritised.
The HSE, which has overall responsibility for the implementation of the report's recommendations, is currently in the process of appointing a national pre-hospital first responder coordinator, four HSE area pre-hospital first responder coordinators and six pre-hospital resuscitation training officers. Funding for the training in the use of AEDs will be decided by the HSE and will be guided by the priorities identified in the report. My Department will continue to monitor the progress being made by the HSE in implementing the recommendations of the Task Force.
461 Deputy John Perry asked the Minister for Health and Children if she will ensure that a person (details supplied) in County Leitrim is called to receive category four braces, under the school dental services; and if she will make a statement on the matter. [21076/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. 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.
462 Deputy Pat Breen asked the Minister for Health and Children the status of an application for persons (details supplied) in County Clare; and if she will make a statement on the matter. [21081/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.
463 Deputy David Stanton asked the Minister for Health and Children if a draft code of practice for sheltered workshops was completed under the terms of the Programme for Prosperity and Fairness; if so, when this code was received by her Department; if this code has been published; if not, when she will publish same; and if she will make a statement on the matter. [21121/07]
A draft code of practice for sheltered occupational services was produced by a working group established under the Programme for Prosperity and Fairness and was received by the Department of Health and Children in 2003.
The Health Service Executive (HSE) has recently established a National Review Group to carry out a Strategic Review of HSE funded Adult Day Services for People with Disabilities with a view to reconfiguring adult day provision, to ensure compliance with the Disability Act, 2005 and Equality Legislation. The Group is made up of statutory and non-statutory stake holders.
The current timeframe for the project is 12 months. Part of the Review's terms of reference is: "To advise on the reconfiguration and modernization of existing Adult Day Service to reflect the core principles of the Health Strategy: Access, Quality, Accountability and Person Centredness that incorporates the following approach:
Best practice
Good value for money
Better outcomes for services users
In line with relevant legislation and national standards."
This process aims to produce a clear outline of service model/s that will be reflective of the principles above. The Code of Practice will be considered in this context.
464 Deputy David Stanton asked the Minister for Health and Children the process by which design teams for HSE projects are appointed; if a national panel for design teams has been established; if not, when this process will be completed; the details of the disciplines, architects, structural engineers and so on that are to be included in the design teams; the size of the national panel; and if she will make a statement on the matter. [21130/07]
Responsibility for the planning and management of capital projects in the health sector including those relating to design teams for capital projects 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.
465 Deputy David Stanton asked the Minister for Health and Children the number of child and adolescent psychiatric teams working in the southern region of the Health Service Executive; the details of the make-up of each of these teams, for example psychiatrists, paediatricians and so on; the location of each of these teams; the numbers waiting to be assessed and average waiting time for an assessment with each of these teams; and if she will make a statement on the matter. [21131/07]
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. The Executive is, therefore, the appropriate body to consider the issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy.
466 Deputy David Stanton asked the Minister for Health and Children if there is a clinical director of child and adolescent psychiatry in the southern region of the Health Service Executive at present; if so, when they took up this position; if not, if the position has been advertised; when the position was advertised; when it will be filled; and if she will make a statement on the matter. [21132/07]
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. The Executive is, therefore, the appropriate body to consider the issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy.
467 Deputy Niall Collins asked the Minister for Health and Children if the new community child care subvention scheme will result in the cessation of staffing grants to community child care groups; and if this will further result in an overall reduction in financial support to these groups. [21134/07]
Under the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which is co-funded under the EU Social Fund (ESF), targeted support was provided through the staffing support grant scheme whereby community based not-for-profit childcare providers with a strong focus on disadvantage were awarded grant aid towards their staffing costs to allow them to operate reduced fees to disadvantaged parents. Funding under this scheme was originally awarded for a limited period during which services were expected to move towards sustainability. This funding was subsequently continued to the end of 2007, where it was considered necessary to enable services to continue to make their services accessible to disadvantaged parents. This continuation funding was subject to the condition that tiered fee structures were implemented by the services in question.
As signalled at the launch of the National Childcare Investment Programme 2006-2010 (NCIP), the successor programme to the EOCP, a new scheme to support community childcare services with a focus on disadvantage will be introduced on 1 January 2008 and will continue to complement the universal supports in place for all parents. The Community Childcare Subvention Scheme (CCSS) has been allocated €153 million over the next 3 years representing a 16% increase in funding over the EOCP staffing scheme. Under the new scheme, services will be grant aided according to the service they provide and the profile of the parents benefiting from their service. In turn, the subvention received by the services will be reflected in the reduced fees for parents who qualify as disadvantaged under the scheme.
In practice, this will mean that parents with children in such services and in receipt of most social welfare payments (or participating in a scheme such as Community Employment which demonstrates an underlying entitlement to same) will see a €80 weekly subvention in respect of full daycare (with pro-rata reductions in respect of shorter hour services). Parents in receipt of Family Income Supplement (FIS), will see a €30 weekly subvention in respect of full daycare (with pro-rata reductions). A further subvention of €30 per week will be paid where the subvented child is a baby, in recognition of the higher costs associated with the care of children aged under 1 year. Parents who do not qualify under either of these categories will be charged the cost price for their childcare service, however, as community not-for-profit services will, generally, have availed of capital grant aid under the EOCP or NCIP removing the requirement to cover rent and/or a mortgage, and as the services are run on a not-for-profit basis, this should still be significantly below the market price.
It is considered that the new scheme will provide an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community childcare services generally. The scheme has been informed by and takes account of a number of enhancements recommended by the report of the Value for Money Review of the EOCP. These include the fact that the subvention to services will be more responsive to the level of service provided as well as the degree of parental disadvantage supported and the ceiling for funding, which existed under the previous scheme, is being removed. Account will also be taken of all of the operational costs of the service rather than staffing costs alone. Services, including full-time, part-time and sessional ones, which at present are, in some cases, inaccessibly priced for disadvantaged parents, will be available to them at more appropriate rates under the new scheme.
The new scheme has clear advantages over its predecessor. There is an increase in the level of funding available under it, and a majority of services will benefit from the changes it introduces. Transitional arrangements have been made under which existing grant recipients will continue to be funded at their current levels until 1st July 2008. This is to ensure that existing childcare services are facilitated to adjust to the new scheme, including making any adjustments necessary to their fee structures. I have also signalled that the more detailed and comprehensive data which will be generated by the new scheme will be monitored by officials in my Office over the coming months and, if appropriate, any adjustments necessary to secure the best outcomes for childcare services and for disadvantaged parents and their children will be considered at that time.
468 Deputy Niall Collins asked the Minister for Health and Children if the pathology laboratory in UCHG has full accreditation. [21135/07]
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 question 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.
469 Deputy Niall Collins asked the Minister for Health and Children if the pathology laboratory in the Midwestern Regional Hospital has full accreditation. [21136/07]
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 question 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.
470 Deputy Niall Collins asked the Minister for Health and Children the number of cervical smears that are being sent abroad for processing. [21137/07]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in relation to the matter raised.
471 Deputy Niall Collins asked the Minister for Health and Children if the Health Service Executive use laboratories in private hospitals; and the number of these that hold full accreditation. [21138/07]
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 question 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.
472 Deputy Brian O’Shea asked the Minister for Transport and the Marine his proposals to extend the local improvement scheme to rural roads within the boundaries of urban local authorities; and if he will make a statement on the matter. [19986/07]
Section 81 of the Local Government Act 2001 provides the statutory basis for the Local Improvements Scheme (LIS) and the 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.
There are no proposals at present to amend the legislation or the terms and conditions governing the scheme.
473 Deputy Paul Gogarty asked the Minister for Transport and the Marine his interpretation of the Rules of the Road in relation to a cyclist being told to use a cycle track if it is provided; if this rule has a history of being enforced on a regular basis; if there are mitigating circumstances taken into consideration such as poorly maintained or glass covered cycle tracks, which make it safer to use the road; and if he will make a statement on the matter. [20127/07]
Under road traffic regulations in place since 1998 where a cycle track, bounded by solid white line roadway marking, is provided on-road or off-road it is mandatory for cyclists to use that track. The other type of cycle track that a local authority may provide is one that is bounded by a broken white line roadway marking. It is not mandatory for a cyclist to use that cycle track.
A general exception provision is provided in respect of road traffic regulations to the effect the regulations shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a roaduser which could not reasonably have been expected or anticipated.
Enforcement of the road traffic regulations regarding the use of mandatory cycle tracks is a matter for the Garda Síochána and my Department has no statistics in relation to the level of prosecutions brought to court in respect of the use of cycle tracks.
474 Deputy Finian McGrath asked the Minister for Transport and the Marine if a person (details supplied) in Dublin 9 will be assisted; and if he will work with other relevant Departments on this matter. [20478/07]
As indicated in previous replies on this matter, dated 20 February 2007 and 20 March 2007, Dublin Port Company is a state owned company established under the 1996 Harbours Act. Under the Act, the company is the responsible authority for the administration of pension schemes within the company. Accordingly, payments under such pension schemes are an operational matter for the company.
The legislative provisions relating to superannuation schemes in the State owned port companies are contained in Sections 40 and 41 of the Harbours Act, 1996.
475 Deputy Brian O’Shea asked the Minister for Transport and the Marine the progress made with the European Commission in the matter of the re-introduction of a suitably revised proposal for a directive of the European Parliament and of the Council on manning conditions for regular passenger and ferry services operating between Member States of the EU; and if he will make a statement on the matter. [20522/07]
502 Deputy Brian O’Shea asked the Minister for Transport and the Marine the progress made with the European Commission in the matter of the re-introduction of a suitably revised proposal for a directive of the European Parliament and of the Council on manning conditions for regular passenger and ferry services operating between Member States of the EU; and if he will make a statement on the matter. [20523/07]
I propose to take Questions Nos. 475 and 502 together.
At the Maritime Transport Council in December 2005, former Minister of State for Transport Pat the Cope Gallagher urged the European Commission to consider re-visiting the former proposal on pay and conditions on ferries operating between member states, which was withdrawn by the Commission in 2004.
The Commission indicated that it would continue to study all possible solutions aimed at safeguarding employment in the maritime sector and that it would also continue to pursue the implementation of International Labour Organisation (ILO) standards into Community law and to encourage discussion on this issue within the framework of the European Social Dialogue.
In 2007, following requests from Member States and the European Parliament, the Commission launched a study entitled: "Study on the labour market and employment conditions in intra-Community regular maritime transport services carried out by ships under Member States' or third countries' flags", which is due to be completed in mid 2008.
476 Deputy Dinny McGinley asked the Minister for Transport and the Marine if there are plans to upgrade or replace Castlefin Bridge in County Donegal; and if he will make a statement on the matter. [20599/07]
The provision and improvement of non-national roads, including bridges, in its area is a matter for Donegal County Council to be funded from its own resources supplemented by State grants.
In July last year, local authorities were invited to submit applications for funding under the 2007 Specific Improvements Grant Scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is solely a matter for local authorities. Donegal County Council submitted a number of applications for funding in 2007 but these did not include an application in respect of Castlefinn Bridge.
My Department recently invited applications from local authorities for consideration for funding in 2008 under the Specific Improvements Grant Scheme and it is, of course, open to the Council to submit an application for eligible works on Castlefinn Bridge for consideration for funding under the scheme in 2008.
Local authorities may also use their discretionary improvement grant allocations to fund eligible road and bridge improvement schemes. The 2007 discretionary improvement grant allocation to Donegal County Council is €1,691,000. The selection of works to be funded from this allocation is entirely a matter for the local authority.
477 Deputy Denis Naughten asked the Minister for Transport and the Marine further to Parliamentary Question No. 1819 of 31 January 2007, if he will meet a delegation from Roscommon, Sligo and Mayo County Councils regarding their proposals for the R294; the applications submitted for consideration under the 2008 specific improvements grant scheme and the cost of same; if he will approve funding for these applications; and if he will make a statement on the matter. [20893/07]
On 27 August 2007, local authorities were invited to submit applications for consideration for funding under the 2008 Specific Improvements Grant Scheme. Applications for funding in 2008 have not been received to date from Roscommon, Sligo or Mayo County Councils. The deadline for receipt of such applications is Friday 28 September 2007. It is, of course, open to Roscommon, Sligo and Mayo County Councils to prioritise and submit eligible works in respect of the R294 for consideration for funding under this scheme in 2008.
All applications submitted by local authorities for consideration for funding under the Specific Improvements Grant Scheme are considered by my Department, having regard to compliance with eligibility criteria, the need to prioritise projects, competing demands from other local authorities and the funds available for the scheme. The 2008 Non-National Road Grant allocations, including allocations under the Specific Improvements Grant Scheme, will be announced early next year.
It is not normal practice to meet Local Authorities about their road priorities.
478 Deputy James Bannon asked the Minister for Transport and the Marine when he will bring forward legislation with regard to the regulation of the use of powerboats and jet skis on lakes here in the interest of the safety of all lake users; and if he will make a statement on the matter. [19819/07]
Under the Maritime Safety Act 2005 local authorities, harbour authorities and Waterways Ireland have been given the powers to introduce bye laws to regulate and control fast powered craft, including jet skis, in waters under their control or management or in their functional area. The Maritime Safety Act 2005 arose from the Report of the Action Group on Small Powered Recreational Craft (including personal watercraft) in 2000 which concluded that the primary public policy response to regulating such craft should be the use of local bye laws.
Conditions and issues vary in different parts of the country and it makes sense that those closest to the issues and with local knowledge should regulate for the particular circumstances.
Under the Maritime Safety Act 2005 the prohibition or restriction of specified craft may be for the purposes of safety to persons, prevention of nuisance or injury, damage to watercraft or property and to protect national heritage areas and protected monuments.
It is a matter for individual bye law making authorities to assess the particular circumstances in their area and decide the appropriate response, having regard to guidelines issued by the Maritime Safety Directorate of my Department and consulting with interested parties.
479 Deputy Shane McEntee asked the Minister for Transport and the Marine if consideration will be given to upgrading the R142 that passes through Julianstown, County Meath to be a national route in view of the significant vehicle movement through the area each day; and if he will make a statement on the matter. [19860/07]
I have no plans to reclassify the R142 as a national road.
480 Deputy Seán Sherlock asked the Minister for Transport and the Marine when work will begin on the reopening of the Cork-Midleton railway line. [19891/07]
The implementation of this project, for which my Department has approved funding, is a matter for Iarnród Éireann. I am informed by the company that enabling works have already commenced on the line but that there has been a delay in awarding the main construction contract as the contract had to be readvertised for commercial reasons. However, I understand from the company that construction works are still expected to be completed and services underway by mid 2009.
481 Deputy Brendan Howlin asked the Minister for Transport and the Marine if his Department has received a request from Bus Éireann for the operation of a more frequent service between Rosslare, Wexford and Dublin; when a decision will be made on this application; and if he will make a statement on the matter. [19901/07]
My Department received a notification from Bus Eireann on 22nd January 2007 to amend and enhance the level of services on the No. 2 route from Rosslare to Dublin via Wexford. Bus Eireann was advised in April 2007 that certain elements of their proposals relating to late night and early morning services did not conflict with other applications or existing licensed services and that the Company could, therefore, proceed to introduce those elements of the service.
However, as regards the rest of the proposed service changes, the company was advised that there were prior applications on hands for services on the same route and these, in accordance with standard practice, would have to be decided upon before the remainder of Bus Eireann's proposals could be considered.
In late August, Bus Eireann advised my Department that it proposed to operate via the Dublin Port Tunnel the services that were cleared by the Department in April. The company was advised on 6th September 2007 that my Department had no objection to the proposed change of route. I understand that the Company now intends to introduce these late night /early morning services in late October.
The remainder of Bus Eireann's proposed changes on the route are now being considered in the light of the recent amendment to an existing licensed service on the route and the issuing of a new licence to IP Passenger Services for a new regular bus service between Wexford and Dublin Airport.
482 Deputy Richard Bruton asked the Minister for Transport and the Marine if the regulator has submitted a recommendation to him that all limousine licence holders should be allowed to use bus lanes; and if he plans to implement this recommendation. [19960/07]
The Commission for Taxi Regulation has made a submission to me recommending that access to bus lanes be permitted in respect of all classes of small public service vehicles. The Submission is being examined in my Department in consultation with some key agencies including the Garda Síochána. I will make a determination on the matter in due course.
483 Deputy Arthur Morgan asked the Minister for Transport and the Marine the funding provided to sustainable transport initiatives under Transport 21 to date. [19991/07]
Transport 21, which is a €34.3 billion capital investment framework for the period 2006-2015, is predicated on delivering a more sustainable transport system. It aims to promote modal shift from private cars to public transport through the significant rebalancing of investment in favour of public transport. Overall €18.5 billion will be invested in the national roads programme, while €15.8 billion will be provided for public transport projects and for regional airports.
Funding for a range of initiatives linked to sustainability is also provided for under Transport 21, including grant assistance for the provision of cycle paths, schools and workplace initiatives to change travel behaviour. A specific heading in Transport 21 refers to sustainable transport measures. Two projects are being funded under this heading at present. The first is a pilot scheme to convert 50 selected vehicles to run on pure plant oil, which is being carried out under the aegis of the German-Irish Chamber of Industry and Commerce. The cost to the Department is €227,000. In addition, funding is being made available to Dublin Bus to lease a hybrid bus to test its performance in operating conditions at an estimated cost of €500,000 over three years. I expect that this bus will be delivered in early 2008.
I expect that further sustainable transport initiatives will emerge in the context of a proposed Sustainable Travel and Transport Action Plan, which I hope to publish in 2008.
484 Deputy Michael Ring asked the Minister for Transport and the Marine the number of people who were issued with penalty points in the past twelve months in relation to the illegal use of fog lights; the number who were subsequently prosecuted; and if he will make a statement on the matter. [20084/07]
The answer is ‘Nil' because the offence that the Deputy refers to is not scheduled as a penalty point offence under the Road Traffic Act 2002. Enforcement in respect of illegal use of fog lights is a matter for the Garda Síochána and my Department has no statistics in relation to the number of persons prosecuted in respect of that offence.
485 Deputy Michael Ring asked the Minister for Transport and the Marine if an application was received in his Department from a local authority (details supplied) in County Mayo for funding for a floating pontoon; and if funding will be allocated. [20111/07]
I am not aware of any such application being received in my Department and there are no funds at my disposal for such a project.
486 Deputy Pádraic McCormack asked the Minister for Transport and the Marine if he will clarify the situation whereby some driving test centres in Galway City and County closed in July 2007 thus increasing the waiting time for applicants where there are a large number of applicants on the waiting list and whereby no notice was given of such closures; and if he will make a statement on the matter. [20188/07]
492 Deputy Michael D. Higgins asked the Minister for Transport and the Marine the reason the driving test centre in Galway city’s west-side closes for the month of August. [20240/07]
I propose to take Questions Nos. 486 and 492 together.
Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) the Road Safety Authority has now responsibility for the delivery of the driving test and the issuing of certificates of competency.
Decisions taken in relation to the use of any individual driving test centre are operational matters for the Authority. I have no role or function in the delivery of the day to day driving test service and issues in relation to that should be raised direct with the statutory body.
487 Deputy Olivia Mitchell asked the Minister for Transport and the Marine his plans to introduce a law that when there are five or more cars in a tailback behind a tractor that it must pull over and allow the tailback pass; if he has considered the banning of tractors from roads between the hours of 8 am and 9 am and 5 pm and 6 pm in view of the congestion problems that these tailbacks cause; and if he will make a statement on the matter. [20199/07]
I have no proposals at present to apply driving rules for the users of agricultural tractors to accommodate overtaking by other vehicles in the type of scenario that the Deputy refers to or to apply time based bans on the use of public roads by agricultural tractors. The Road Safety Authority is currently undertaking a review of the use of Agricultural and Works Vehicles on Irish Roads and I will await the outcome of that review to consider if any new regulatory road traffic measures are warranted.
488 Deputy Michael D. Higgins asked the Minister for Transport and the Marine the reason for the exclusion of upgrading and refurbishment of transport facilities at Ceannt Station in Galway from capital provision in Transport 21, which deals with the transport element of the National Development Plan. [20236/07]
Funding for the upgrading of transport facilities of Ceannt Station, Galway has not been included in Transport 21 as I understand that CIÉ intends to fund the works involved from the proceeds of the development of the overall site.
489 Deputy Michael D. Higgins asked the Minister for Transport and the Marine the way the establishment of public transport needs in accordance with their statutory requirements has been fulfilled by CIÉ in relation to such property as it holds. [20237/07]
490 Deputy Michael D. Higgins asked the Minister for Transport and the Marine the status of a communication (details supplied) to the board of CIÉ in relation to the assessment of such property as might be constituted as surplus to needs for public transport; the mechanisms for the assessment of same; and the implications for the future of public transport of the disposal of property owned by CIÉ in the absence of adequate assessment of present, and future, transport needs of a local, regional and national kind. [20238/07]
I propose to take Questions Nos. 489 and 490 together.
The primary duty of CIÉ and its subsidiary companies as set out in Section 7 of the Transport Act 1958 and Section 8 of the Transport (Re-organisation of Córas Iompair Éireann) Act 1986 is to provide a reasonable, efficient and economical transport service having regard to their social role. Decisions in relation to the acquisition, optimal use and disposal of property in pursuit of these statutory objectives and in relation to the use of property no longer required in full for its statutory duties are matters for CIÉ. In the late 1990's CIÉ were asked, by the then Minister for Public Enterprise, to ensure that all assets surplus to public transport requirements were disposed of to help fund CIÉ's growing capital investment programme.
In response CIÉ reviewed its property holdings and as part of its ongoing management of these holdings seeks to derive maximum value from their use, including development and sale, for the benefit of public transport, taking account of existing and future needs.
491 Deputy Michael D. Higgins asked the Minister for Transport and the Marine the details of all orders which have been made by Government since 1986 under Section 9 of the Transport (Reorganisation of Córas Iompar Éireann) Act, 1986. [20239/07]
No orders have been made under Section 9 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986.
493 Deputy Michael Ring asked the Minister for Transport and the Marine the Government’s policy in relation to the rail freight service; the progress made in the rail freight business; and if he has sought to bring competition into the market since it opened. [20244/07]
I refer the Deputy to my reply to Dail Questions 57, 72 and 144 on 28th June, 2007.
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.
494 Deputy Róisín Shortall asked the Minister for Transport and the Marine if the memorandum of understanding between his Department and Iarnród Éireann contains requirements of Iarnród Éireann in relation to the minimisation of parking charges at stations; his Department’s policy in relation to the imposition of such charges on commuters and the consequent discouragement of the use of public transport; and if he will make a statement on the matter. [20393/07]
The Memorandum of Understanding between my Department and Iarnród Éireann contains no provision in relation to parking charges for the use of car parks at railway stations. The provision and management of car parks at railway stations is a matter for Iarnród Éireann, taking account of the guiding principles for the implementation of rail-based park and ride adopted by the Dublin Transportation Office in their strategy for park and ride in the Greater Dublin Area. These were approved by my Department in 2005. These principles are:
Park and ride should improve rail accessibility without disimproving road congestion,
Rail users only should use park and ride spaces, and may have to pay to use them,
Complementary parking controls in the areas around stations may be required,
Those who benefit from park and ride should contribute to the cost of it by way of a separate charge; the cost should not be absorbed into rail fares generally,
Rail services must be able to serve the demand generated by Park and Ride provision.
Park and ride facilities can and do have a positive impact on public transport use and have an important role to play in encouraging people to transfer from private cars to public transport. In considering whether to impose charges for the use of park and ride facilities, providers are expected to take into account a variety of factors and these would include consideration of the likely impact of charges on use of the facility and, by extension, on public transport use.
495 Deputy Shane McEntee asked the Minister for Transport and the Marine when the recently completed report on the standard of school bus transport will be published with a timeframe for its recommendations to be implemented; and if he will make a statement on the matter. [20432/07]
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 RSA). I presume the Deputy is referring to the review of the roadworthiness testing arrangements of commercial vehicles, which the Authority commissioned PricewaterhouseCoopers to carry out. The review deals with the wider issue of the testing of the commercial fleet and not just the specific issue of the standard of school bus transport. On foot of this review the Authority has made a number of recommendations to me, which are being considered within my Department.
496 Deputy Pat Breen asked the Minister for Transport and the Marine if he will intervene to have the Aer Lingus decision to exit from the Shannon to Heathrow route reversed; and if he will make a statement on the matter. [20447/07]
The re-deployment of Heathrow slots by Aer Lingus and the withdrawal of the Shannon-Heathrow service with effect from January 2008 was a commercial decision made by the executive management team in the Company. I understand the decision was taken on foot of a mandate from the Board of the Company to examine and develop commercial opportunities, in accordance with the Memorandum and Articles of Association of the Company.
There is legal advice to the effect that, having regard to the duties of the Board of Directors pursuant to the Companies Acts and the Memorandum and Articles Of Association of Aer Lingus, shareholders do not have the power to overrule management decisions on business matters.
As a result of this advice the Government believes it would be inappropriate to intervene in the decision-making of a private company. To do so would ultimately be damaging both to the Company and its customers. The Government will continue to assist and support efforts to restore connectivity between Shannon and London Heathrow.
497 Deputy Pat Breen asked the Minister for Transport and the Marine if funding will be made available to the mid-west region following the introduction of Open Skies; if so, when it will be made available; the person who will have responsibility for the management of the fund; and if he will make a statement on the matter. [20448/07]
My Department is currently finalising an Economic and Tourism Development Plan for the Shannon Airport catchment area. The Plan has been prepared in consultation with the Department of Finance, the Department of Arts, Sport & Tourism, the Department of Enterprise, Trade & Employment and the Department of Communications, Energy and Natural Resources. The purpose of the plan is to ensure that the region is well placed to respond to the challenges and opportunities emerging in the context of full liberalisation of the transatlantic aviation market and the phasing out of the Shannon Stop as envisaged under the EU-US Open Skies Agreement. I hope to bring the Plan to conclusion shortly.
498 Deputy Damien English asked the Minister for Transport and the Marine if his Department or Bus Éireann would consider the purchase of a site (details supplied) in Navan for the purpose of developing a bus station with park and ride facilities. [20470/07]
501 Deputy Damien English asked the Minister for Transport and the Marine the plans his Department have to provide a bus station in Navan, County Meath; if his Department will initiate an exploratory study into the provision of such a station; and if he will make a statement on the matter. [20473/07]
I propose to take Questions Nos. 498 and 501 together.
The provision of a bus station and park and ride facilities at Navan and the purchase of a site for same is a matter for bus operators including Bus Éireann, in the first instance and, in the case of park and ride facilities, the relevant local authorities. In relation to park & ride facilities my Department will consider applications from local authorities for grant assistance towards the cost of park and ride facilities under Transport 21. Any such proposals will be evaluated for funding according to the business case made.
499 Deputy Damien English asked the Minister for Transport and the Marine the amount of money spent to date by his Department on the Pace to Navan section of the proposed Navan to Dublin rail link. [20471/07]
500 Deputy Damien English asked the Minister for Transport and the Marine his views on advancing the delivery of the proposed Navan to Dublin rail link ahead of the time period as set out under Transport 21; and if he will make a statement on the matter. [20472/07]
I propose to take Questions Nos. 499 and 500 together.
The re-opening of the Clonsilla to Navan line is proposed under Transport 21 in two phases: Clonsilla to Dunboyne/Pace by 2010 and Pace to Navan by 2015.
The current position in relation to Phase 1 is that Iarnród Éireann applied to An Bord Pleanála on 7th September 2007 for a Railway Order — the equivalent of planning permission for a new rail scheme — to construct the 7.5 kilometre line from a spur at Clonsilla on the existing Dublin-Maynooth commuter line to Pace, north of Dunboyne. Subject to the granting of the Railway Order, Iarnród Éireann expect that construction would commence in late 2008 to ensure the line reopens in 2010.
In relation to Phase 2, the Pace-Navan section — Iarnród Éireann is currently carrying out route alignment and feasibility studies in consultation with Meath County Council. I understand from Iarnród Éireann that this work will be completed shortly. My Department has paid grants totalling €221,831 to date to Iarnród Éireann in respect of this project.
503 Deputy Andrew Doyle asked the Minister for Transport and the Marine the rationale behind reducing the inadequate service for commuters on the Gorey, Arklow, Rathdrum and Wicklow train line; and the details of the proposed investment needed on the commuter rail service from the south east. [20560/07]
The provision of services is an operational day-to-day matter for Iarnród Éireann. However, Iarnród Éireann have informed me that its Dublin commuter business is continuing to grow at up to 20% per annum on the northern, western and south-eastern commuter routes and accordingly that the current commuter rolling stock fleet is being fully utilised in the peak periods and allocated to services in order of greatest demand.
The imminent introduction of the first of the new InterCity railcars on the Dublin-Sligo services, will enable the commuter railcars, currently used on the Sligo services, to be immediately reallocated to commuter operations for which they are best suited. Through this process of reallocation, Iarnród Éireann intends to increase the amount of commuter rolling stock available for the commuter services to counties Wicklow and Wexford.
504 Deputy Róisín Shortall asked the Minister for Transport and the Marine if his attention has been drawn to the air incident which took place over Santry, Dublin on 16 August 2007; the action, he will take to ensure the continuing safety of residents of the Santry Cross tower and of the travelling public and flightcrew; and if he will make a statement on the matter. [20748/07]
I was officially notified of this Serious Incident by the Air Accident Investigation Unit (AAIU) of my Department on the 21 Aug 2007. Following their initial investigation, the AAIU issued a Preliminary Report on the 21 Sept 2007. This Report outlined the basic facts as known at the time and also contained two Interim Safety Recommendations, which were addressed to the Irish Aviation Authority (IAA).
The first Safety Recommendation stated that the IAA should promulgate to pilots and operators the possibility of confusing the obstacle at Santry Cross, Dublin with the approach lighting of Runway 34 at Dublin Airport.
The IAA have accepted this Safety Recommendation and have already issued an Air Traffic Operations Notice (047/07) to that effect. The second Safety Recommendation stated that the IAA should review the suitability of obstacle lighting as installed on the 52 metre-high building situated at Santry Cross, Dublin. The IAA has accepted this Safety Recommendation. The IAA have reviewed the lighting scheme installed on the 52m high hotel at Santry Cross and have been in contact with the Building Management Company to have the lights changed from fixed red obstacle lights to flashing red obstacle lights. The company has commenced the process of acquiring the necessary fixtures to alter the lights as soon as possible. The AAIU's Investigation into this Serious Incident is on-going and a Full Report will be published in due course.
505 Deputy Shane McEntee asked the Minister for Transport and the Marine when the new national road safety strategy will be published; if it will contain a time frame for implementation; the level of additional resources including financial that will be dedicated to implement the measures contained in the strategy; and if he will make a statement on the matter. [20761/07]
Following both a public consultation process and a process of direct consultation with key stakeholders, the Road Safety Authority (RSA), who have responsibility for its preparation, have submitted to me a draft Road Safety Strategy for the period 2007-2012. I intend bringing the Strategy to Government for approval shortly.
506 Deputy Denis Naughten asked the Minister for Transport and the Marine further to Parliamentary Question No. 1224 of 31 January 2007, if his Department’s assessment on the reopening of the line is complete; if he will respond to the report submitted by the group in question; and if he will make a statement on the matter. [20880/07]
As the Deputy is aware, the reopening of the Athlone-Mullingar rail line was not included in Transport 21 as the Strategic Rail Review did not recommended it as a priority project. I understand that the group referred to by the Deputy have had discussions with Iarnród Éireann which has agreed to provide the group with relevant information to enable them to make a submission to the local authorities for funding under the Gateways Innovation fund.
507 Deputy Denis Naughten asked the Minister for Transport and the Marine further to Parliamentary Question No. 1225 of 31 January 2007, his plans to upgrade the Dublin to Westport rail service; the status of this upgrade; and if he will make a statement on the matter. [20881/07]
The provision of services on the Dublin to Westport line is a matter for Iarnród Éireann. However, I understand that the resignalling works on the Westport and Ballina lines have recently been completed. I have also been informed by the company that they intend to introduce new rolling stock on the service in late 2008 and that this will result in an increase in the daily frequency of service on the line from the current level of three services each way to five services each way.
508 Deputy Thomas P. Broughan asked the Minister for Transport and the Marine if he has considered reviewing the level of penalty points awarded for driving while using a mobile phone in view of the high number of recorded offences of drivers using mobile phones; and if he will make a statement on the matter. [20910/07]
The Road Traffic Act 2006 provides that a driver who receives a fixed charge notice in respect of driving while holding a mobile phone and opts to pay that fixed charge receives 2 penalty points. A person who is convicted of this offence in court receives 4 penalty points. I have no proposals under consideration to pursue legislative amendments to revise that position.
509 Deputy Charlie O’Connor asked the Minister for Transport and the Marine if he will confirm plans to provide new facilities for driver testing in the Tallaght, Dublin 24 area; and if he will make a statement on the matter. [20913/07]
Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) the Road Safety Authority has now responsibility for the delivery of the driving test and the issuing of certificates of competency. Decisions taken in relation to the provision of new driver testing facilities at any location are operational matters for the Authority and queries in relation to such matters should be raised direct with the statutory body.
510 Deputy Emmet Stagg asked the Minister for Transport and the Marine when the city centre resignalling project is expected to commence and be completed; and the additional capacity this will mean to services on the Maynooth suburban line serving north Kildare. [21034/07]
511 Deputy Emmet Stagg asked the Minister for Transport and the Marine the position in relation to the doubling of trains serving the Maynooth suburban line from four railcars to eight. [21035/07]
512 Deputy Emmet Stagg asked the Minister for Transport and the Marine when additional services will be put in place on the Maynooth suburban rail line serving the new Docklands station. [21036/07]
I propose to take Questions Nos. 510 to 512, inclusive, together.
The capacity and frequency of services on the Maynooth line have been substantially increased in recent years due to the doubling of the track and the provision of additional rolling stock. The opening of the Docklands station has also benefited passengers on the line with additional services from Clonsilla to Docklands. Services will be further improved when the remaining peak period services operating with 4 carriages on the Dublin-Maynooth line are extended to 8 carriages during 2008. This will be made possible by the reallocation of commuter railcars currently in use on the Sligo line when the new intercity railcars are introduced over the coming months on the Sligo line.
I understand from Iarnród Éireann that it is currently reviewing its plans for resignalling in the city centre area as part of its broader plans for the upgrade of railway infrastructure in the Dublin area and that in this context is considering the removal of level crossings and resignalling the Maynooth line as a means of substantially increasing capacity on the line. The project is expected to be completed in 2011.
513 Deputy Emmet Stagg asked the Minister for Transport and the Marine the different contracts put in place in respect of the Kildare route project and their value; and the amount of capital funding available in 2007, 2008 and 2009 to cover same. [21038/07]
Construction contracts for the Kildare Route upgrade project and the works thereof are matters for Iarnród Éireann and I have no role in relation to them. I understand from Iarnród Éireann that 2 contracts have been placed and that work has commenced.
My Department has allocated €45.5m to Iarnród Éireann to fund work on the project in 2007. The funding allocation to the project in 2008 and subsequent years will be determined in the light of progress on the project.
514 Deputy Emmet Stagg asked the Minister for Transport and the Marine if he will amend Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000, with a view to lifting the toll barriers on the M50 toll bridge in view of the fact that the bridge is in State ownership. [21039/07]
The Roads Act 2007 provides the necessary statutory basis to facilitate the implementation of free flow open road tolling (also known as "barrier-free" tolling) on toll-based national roads.
515 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the number of international instruments, such as agreements, conventions, protocols and implementation procedures, initiated at either UN, Council of Europe or elsewhere that are awaiting ratification and implementation by the Government; the date of signature or adoption by the international institution involved; the lead Department with responsibility for implementation within the Government in each case; the position in relation to signature, ratification or implementation; and the measures he proposes to take in the national interest to eliminate the backlog which exists. [20235/07]
As the Deputy will be aware, there are a large number of international agreements within the UN and Council of Europe frameworks, covering a very wide range of subjects and falling within the functional responsibility of a number of Departments. The question of ratification of these agreements is kept under review in the context of the ongoing assessment and prioritisation of Ireland's international commitments.
A list of the international agreements within the UN and Council of Europe frameworks which have been signed but not ratified by Ireland (apart from those which have been superseded by subsequent agreements) is set out below, indicating the lead Government Department with responsibility in each case.
|
No. |
Title: |
Date of Signature: |
Department responsible: |
|
1 |
Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes |
18 April 1961 |
DFA |
|
2 |
Optional Protocol to the Vienna Convention on Consular Relations, concerning the Compulsory Settlement of Disputes |
24 April 1963 |
DFA |
|
3 |
Agreement concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections |
13 November 1997 |
Transport |
|
4 |
Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants |
24 June 1998 |
Environment & Local Government |
|
5 |
Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals |
24 June 1998 |
Environment & Local Government |
|
6 |
Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters |
25 June 1998 |
Environment & Local Government |
|
7 |
Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to abate Acidification, Eutrophication and Ground Level Ozone |
1 December 1999 |
Environment & Local Government |
|
8 |
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography |
7 September 2000 |
D/JELR |
|
9 |
UN Convention against Transnational Organized Crime |
13 December 2000 |
D/JELR |
|
10 |
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime |
13 December 2000 |
D/JELR |
|
11 |
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organised Crime |
13 December 2000 |
D/JELR |
|
12 |
Stockholm Convention on Persistent Organic Pollutants |
23 May 2001 |
Environment & Local Government |
|
13 |
Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context |
21 May 2003 |
Environment & Local Government |
|
14 |
Protocol on Pollutant Release and Transfer Registers |
21 May 2003 |
Environment & Local Government |
|
15 |
UN Convention against Corruption |
9 December 2003 |
D/JELR |
|
16 |
International Convention for the Suppression of Acts of Nuclear Terrorism |
15 September 2005 |
D/JELR |
|
17 |
The International Convention for the Protection of all Persons from Enforced Disappearances |
29 March 2007 |
D/JELR |
|
18 |
The Convention on the Rights of Persons with Disabilities |
30 March 2007 |
D/JELR |
|
No. |
Title |
Date of Signature |
Department responsible |
|
1 |
European Convention for the Peaceful Settlement of Disputes |
29 April 1957 |
DFA |
|
2 |
European Agreement on the Protection of Television Broadcasts |
22 June 1960 |
Communications, Energy and Natural Resources |
|
3 |
Convention relating to Stops on Bearer Securities in International Circulation |
23 April 1974 |
Finance |
|
4 |
European Convention on the Control of the Acquisition and Possession of Firearms by Individuals |
28 June 1978 |
D/JELR |
|
5 |
European Convention on Social Security and Supplementary Agreement for the Application of the European Convention on Social Security |
23 February 1979 |
Social and Family Affairs |
|
6 |
European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches |
3 November 1986 |
Arts, Sport and Tourism |
|
7 |
European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes |
6 December 1990 |
Health and Children |
|
8 |
European Convention on the Exercise of Children’s Rights |
25 January 1996 |
Health and Children |
|
9 |
Civil Law Convention on Corruption |
4 November 1999 |
D/JELR |
|
10 |
Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms |
4 November 2000 |
D/JELR |
|
11 |
Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid |
5 October 2001 |
D/JELR |
|
12 |
Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal data, regarding supervisory authorities and transborder data flows |
8 November 2001 |
D/JELR |
|
13 |
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters |
8 November 2001 |
D/JELR |
|
14 |
Convention on Cyber Crime |
28 February 2002 |
D/JELR |
|
15 |
Protocol amending the European Convention on the Suppression of Terrorism |
15 May 2003 |
D/JELR |
|
16 |
Council of Europe Convention on Action against Trafficking in Human Beings |
13 April 2007 |
D/JELR |
516 Deputy Phil Hogan asked the Minister for Foreign Affairs if he will continue to intervene with authorities in India in respect of a prisoner (details supplied) in order that the case may be reviewed; and if he will make a statement on the matter. [20203/07]
The person to whom the Deputy refers was arrested in 2004 at Mumbai Airport and charged with drug trafficking offences. Following his trial he was sentenced to ten years in prison. I understand that the individual alleges that he confessed to the charges under duress and is appealing the guilty verdict. He is currently detained in prison in Rajasthan pending the hearing of his appeal. No date has yet been set for this appeal.
The person concerned travelled to India on a British passport. Therefore he is considered to be a British citizen, under law, by the Indian authorities and they will only engage with the consular mission of that country.
However, on my instructions, our Embassy in New Delhi has written to the Indian Ministry of External Affairs to highlight our interest in his case. The Ambassador and other diplomatic staff in our Embassy have also remained in contact with the British High Commission in India and have been assured that all appropriate consular support is been provided. The British High Commission also informed the Embassy that they have attended throughout to his rights to legal representation and to fair and prompt due process.
The Deputy should also be aware that our Embassy in London has made known our interest in his case to the Foreign & Commonwealth Office and has been in direct contact with his mother.
517 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will build and develop Ireland’s political, economic and social relationship with Cuba. [20207/07]
Relations between Ireland and Cuba have developed in recent years, particularly since the establishment of diplomatic relations in 1999. Our Ambassador in Mexico City is accredited to Cuba. In 2001, Cuba established a resident Embassy in Dublin, which has been headed by a resident Ambassador since October 2005. Prior to that the Embassy was headed at Chargé d'Affaires level, with the Cuban Ambassador to Ireland resident in London. The Cuban Chargé d'Affaires and, subsequently, the Cuban Ambassador have been very active in seeking to promote links between our two countries based, inter alia, on people-to-people contact and cultural activities.
My Department and our Embassy in Mexico City also support the development of such links. In July 2005, the International Joyce exhibition, commissioned by my Department, was opened for display at the National Library in Havana and a donation of Spanish translations of the plays of Samuel Beckett was also presented on the occasion. And of course, many Irish people have visited Cuba in recent years. I welcome these developments and I would certainly wish to see the bilateral relationship between Ireland and Cuba develop further.
As the Deputy will be aware, 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 Common Position was most recently reviewed at the General Affairs and External Relations Council on 18 June 2007, at which I participated. 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. We also 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.
The Council Conclusions represent a balanced approach, which is in accordance with the principles of the Common Position. The decision which we took in Council to invite a Cuban delegation to Brussels would provide an opportunity for establishing an open political dialogue with the Cuban authorities. While the Cuban authorities initially rejected the invitation, we remain hopeful that such a dialogue will be established in the future.
518 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support Argentina in their efforts to reclaim Malvinas and support them at a UN level. [20209/07]
The issue to which the Deputy refers concerns a long-term dispute between Argentina and the United Kingdom regarding the question of sovereignty over the territories of the Falkland (Malvinas), South Georgia and South Sandwich Islands, to which both countries lay claim.
Since 1965, the United Nations General Assembly has adopted ten Resolutions on the question of the Falkland Islands (Malvinas). The most recent Resolution was adopted in 1988, in which the General Assembly requested the Governments of Argentina and the United Kingdom to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems between both countries, including all aspects of the future of the Falkland Islands (Malvinas), in accordance with the Charter of the United Nations.
The question of the Falkland Islands (Malvinas) has also been the subject of successive Resolutions adopted by the United Nations Special Committee on Decolonization, most recently in June 2007. The Special Committee on Decolonization expressed its regret that, despite widespread international support for talks between the Governments of Argentina and the United Kingdom to resolve the issue, implementation of the General Assembly resolutions aimed at peacefully ending that dispute had not yet begun. Ireland is fully supportive of the Resolutions adopted under the aegis of the United Nations. I would encourage both countries to resume their negotiations in the interest of pursuing a peaceful solution to this dispute, as provided for in the relevant Resolutions.
519 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will actively support efforts to develop a peace process in Columbia. [20210/07]
The Government of Colombia has repeatedly stated its commitment to bringing to an end all terrorism in Colombia within the framework of the Justice and Peace Law. This Law, passed in 2005, provides an overall legal framework for the demobilisation, disarmament and reintegration of illegal armed groups into Colombian society. Since the process of peace negotiations between the Colombian Government and the right-wing paramilitary group, Autodefensas Unidas de Colombia (AUC), began in 2003, between 30,000 and 40,000 combatants have been demobilized. The Government of Colombia is currently engaging in dialogue with the left-wing guerrilla group known as the Ejército de Liberación Nacional de Colombia (ELN) in pursuit of a negotiated peace agreement. Negotiations between the major left-wing guerrilla group, the Fuerzas Armadas Revolucionarias de Colombia (FARC), and the Government have not yet commenced.
The General Affairs and External Relations Council of the European Union most recently adopted Conclusions on Colombia on 3 October 2005. Ireland was actively involved in the negotiation of these Conclusions, which principally addressed the Justice and Peace Law. The Council considered that the Justice and Peace Law, which was adopted through a lengthy democratic political process, struck a difficult balance between peace and justice. The Council recognised, and indeed shared many of, the concerns expressed by, amongst others, the United Nations High Commissioner for Human Rights that the law did not take into sufficient account the principles of truth, justice and reparation in accordance with internationally agreed standards. However, the overall assessment of the Council was that, if implemented effectively and in a transparent manner, the Law would have a positive effect on peace-building in Colombia.
In this regard, international support is crucial to underpinning the success of the peace process in Colombia at this critical political phase. In support of the peace process, Ireland, along with a number of other European Union Member States, has given financial support to initiatives aimed at ensuring the effective and transparent implementation of the Justice and Peace Law. Ireland undertook in June 2005 a commitment to contribute €390,000 over a three year period to the Organization of American States' Mission to Support the Peace Process in Colombia (OAS/MAPP). The mission's mandate is to provide comprehensive support to the Colombian peace process, with a focus both on the demobilisation process and on the strengthening of institutions concerned with the rule of law. In accordance with our commitment, Ireland has provided a total of €260,000 to the OAS mission to date, with the final tranche of €130,000 due to be made available later this year.
I also attach the highest priority to the humanitarian and human rights dimension of the OAS mission's role. With this in mind, an additional €130,000 was donated to the Inter-American Commission on Human Rights (IACHR) in December 2005 for the independent monitoring of human rights issues in support of the OAS mission. Following a review of the IACHR's progress report, a further €127,000 was provided in support of IACHR activities related to human rights aspects of the implementation of the Justice and Peace Law in late 2006.
My Department continues to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country. Ireland is fully supportive of efforts to bring a peaceful resolution to the conflict in Colombia. In this regard, I welcome the convening of the Third International Conference on Colombia, which will be held in Bogotá in November 2007 and in which Ireland will participate.
520 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the sanctions which are being imposed upon Iran, outside of those sanctions which are under a United Nations framework, by members of the European Union. [20414/07]
The Government and our EU partners share the strong international concern that Iran has not complied with its international obligations in respect of its nuclear programme. We remain committed to the search for a diplomatic solution. The EU has pursued this course steadily and with great patience, including in cooperation with the United States, Russia, and China.
The essential elements of this diplomatic approach are a sustained engagement with Iran to persuade it to meet its responsibilities and obligations, and the offer of a substantial package of proposals for improved relations in all fields, which was presented by the EU in June 2006, and which remains on the table.
The UN Security Council has three times issued a clear demand that Iran suspend its uranium enrichment programme, most recently in Security Council Resolution 1747 of 24 March 2007. The International Atomic Energy Agency has reported that Iran continues to ignore the demands of the Security Council. Security Council Resolutions 1737 and 1747 have therefore progressively introduced a range of sanctions targeted specifically at the nuclear and military sectors in Iran. In giving force to the Security Council Resolutions, the EU has both implemented the minimum measures set out in the Resolutions, and designated a number of additional names of persons and entities to whom they apply.
In view of Iran's failure to meet its obligations, the UN Security Council is now considering what further measures might be adopted under the UN Charter. There have also been suggestions, in particular from the French Foreign Minister, that in order to maintain pressure on Iran to negotiate seriously to resolve these issues, sanctions outside the UN framework might be adopted by the EU. It is important to note, however, that no such proposals have been presented for discussion within the EU and that the focus remains on the deliberations within the UN Security Council.
521 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will raise the Miami Five Case again at international level to find out the reason US visas were denied again to their wives. [20503/07]
The case to which the Deputy refers relates to five Cuban citizens who were convicted in the US in 2001 on charges ranging from espionage to first degree murder. A panel of three judges from the 11th Circuit Court of Appeals in Atlanta overturned the 2001 convictions on 9th August 2005 and ordered a retrial based on new evidence. The Miami District Attorney duly filed an appeal against the decision of the 11th Circuit Court of Appeals. Following an appellate hearing on 14 February 2006, a 10-2 decision to uphold the 2001 convictions was issued on 9 August 2006.
It is my understanding that a number of appeals lodged on behalf of the defendants remain under active judicial review within the framework of the US domestic legal system. As I have previously informed the Deputy on several occasions, the Government has no standing in this matter, which is a bilateral consular question between the US and the Cuban authorities and, consequently, I do not intend to raise this matter with the US Government.
With regard to the question of family visits, as I have previously informed the Deputy, I am aware from the 2005 Report of the UN Working Group on Arbitrary Detention that, as of October 2005, sixty visas had been issued for visits by family members but that visas had not been granted to the wives of two of the convicted men on the stated grounds of US national security. I am also aware from media reports that the US authorities recently turned down further requests for visas from the two women in question. Again, I do not believe that this is a matter on which I have any standing and I do not intend, therefore, to raise it with the US authorities.
522 Deputy Finian McGrath asked the Minister for Foreign Affairs if Ireland supports José Manual Barroso’s position that the EU is now an empire; and if he will clarify this anti-democratic position. [20552/07]
I do not share Deputy McGrath's alarm over recent comments on the European Union by the President of the Commission. President Barroso was clearly referring to the geographical scale of the Union. The European Union has nothing in common with empires built by force and ruled undemocratically. As President Barroso made clear, the Union is based on a voluntary coming together of 27 countries that have freely decided to pool aspects of their sovereignty for their mutual advantage. It has helped establish the unity of a region once ravaged by war and divided by ideology. I would also like to emphasise that EU decisions are arrived at with the full participation of the Governments of the Member States and the directly-elected European Parliament. This represents a unique, democratic achievement.
523 Deputy Finian McGrath asked the Minister for Foreign Affairs if a person (details supplied) in Dublin 9 will be assisted. [20576/07]
I can appreciate how distressing the experience at Charles de Gaulle airport last summer must have been for the person referred to by the Deputy.
I have asked the Irish Embassy in Paris to contact the airport authorities and to convey our concerns in relation to the matter.
524 Deputy Finian McGrath asked the Minister for Foreign Affairs if members of the Sikh Community are allowed to wear turbans on UN missions. [20858/07]
I understand that troops serving on UN Missions wear their national uniforms. These can include turbans in the case of troops, such as some of those serving in the Indian defence forces, for whom the turban is authorised as part of their national uniform. To signify that troops are part of a UN operation their headgear, irrespective of its type, is blue.
525 Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the number of community employment participants that were and are on CE schemes in the Dublin 8, 10, 12 and 22 areas in years 2003 to 2006 and to date in 2007; and the breakdown per scheme. [20142/07]
526 Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment if there are plans to increase or decrease the number of community employment places in Dublin 8, 10, 12 and 22; and the number of same that are ringfenced for a category of participants (details supplied) per scheme. [20143/07]
I propose to take Questions Nos. 525 and 526 together.
I understand from FÁS that there are no plans to increase or decrease the number of places on Community Employment in the above-mentioned geographical areas.
All applicants who meet the eligibility criteria for Community Employment are entitled to apply for vacant positions, this includes people with disabilities and those on pre-retirement. I further understand from FÁS that there is no formal ring fencing of places for pre-retirement or for those with disabilities. Nationally there are 1,000 places ring fenced for drug rehabilitation. As set out in the Programme for Government, the recommendations of the Working Group on Drug Rehabilitation in relation to extra community employment places will be implemented.
In April 2000 limits were introduced on the amount of time that a person could participate on CE (3-years total time on CE from 3rd April 2000 — participation on CE before this date is disregarded). CE capping was introduced to facilitate the movement of participants through the programme, allowing new participants who may not otherwise have such an opportunity, avail of the programme. However, participants with disabilities are eligible for one additional year.
All participants who are over fifty-five years of age are eligible to participate for a total term of six years. However, persons with disabilities who are over fifty-five years of age are also eligible for an additional year and have a total eligibility term of seven years.
At present 6,053 (29% of total participants) participants on CE are aged 55 and over (excluding Supervisors). In addition, there are a total of 5,569 (26.5% of total) participants on CE who have a Department of Social and Family Affairs disability linked payment.
In conclusion, I refer the Deputy to the following table, which displays the number of participants on Community Employment in the Dublin 8, 10, 12 and 22 areas for the period 2003-2006 and to date in 2007.
|
Areas Dublin 8, 10, 12 and 22 |
|||||
|---|---|---|---|---|---|
|
Area Code |
2033 |
2004 |
2005 |
2006 |
2007 |
|
Dublin 8 |
694 |
708 |
667 |
685 |
749 |
|
Dublin 10 |
237 |
230 |
232 |
214 |
279 |
|
Dublin 12 |
231 |
265 |
280 |
268 |
269 |
|
Dublin 22 |
226 |
295 |
288 |
307 |
289 |
|
Total |
1,388 |
1,498 |
1,467 |
1,474 |
1,586 |
527 Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment when the embargo on allocating community employment places will be lifted by FÁS to allow for CE schemes to operate at full capacity; and if there is an understanding by FÁS of the effect that delaying drug rehabilitation participants from taking up places can have in terms of setting back their rehabilitation. [20144/07]
Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and assists them to enhance/develop both their technical and personal skills.
Within this context and in order to support the delivery of essential services, the ring-fencing and prioritisation of places for health related services, childcare and Drugs Task Force clients was introduced in 2002/2003. As a result of this ring-fencing of places, service provision levels within these sectors was, and continues to be, maintained at a constant level.
FÁS has allocated 1,000 CE places which are dedicated to drug rehabilitation. Given the nature of this work, the number has, and will continue to fluctuate as participants drop out of programmes and recommence on a continuous basis.
FÁS will work with local CE Framework groups and local Drug Task Forces to continue to allocate the 1,000 places as evenly and fairly as possible.
528 Deputy Ruairí Quinn asked the Minister for Enterprise, Trade and Employment the steps he has taken to ensure clear monitoring and transparent scrutiny of Irish based companies or individuals involved in manufacturing or exporting military and security equipment in order to provide to the relevant authorities complete information regarding the locations and identity of middlemen and end users of such equipment; and if he will make a statement on the matter. [20400/07]
Ireland imposes controls on the export of military and dual use goods and services in line with our support for a stable, secure and cooperative international environment and our full commitment to disarmament and arms control. We work closely, in this regard, with our fellow EU member states and with our partner countries in the international export control regimes.
Export controls are imposed on both finished products and on components and also on technical services associated with the controlled goods. All applications for export licences are considered in accordance with the criteria set out in the EU Code of Conduct on Arms Exports which includes respect for human rights in the country of destination and the preservation of regional peace, security and stability.
The Government continues to be committed to ensuring that Ireland's export control system is in line with best international practice. I expect that the Control of Exports Bill, which was published in February 2007 and passed through the Seanad on 1st March, will be re-activated with a view to enactment during the current Dail session.
This legislation will, inter alia, provide for the submission of an annual report to the Oireachtas on Ireland's export control system. The Annual Report will contain information on the licensed values and actual exports of controlled goods by product category and country of final destination. Among other things, this Bill also provides for substantially increased penalties of up to €10 million or 5 years imprisonment for breaches of export control, enhanced inspection and audit powers for officers of the Department and the introduction of controls on brokering and technical assistance activities and on intangible transfers of technology.
529 Deputy Michael Creed asked the Minister for Enterprise, Trade and Employment if he will conduct a review of the operation of community employment schemes in view of the fact that many beneficiaries of this scheme are not in a position for a variety of reasons to re-enter the mainstream labour market; and his views on whether the scheme needs to be amended in terms of the objectives in view of same. [19714/07]
Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills.
In April 2000 limits were introduced on the amount of time that a person could participate on CE (3-years total time on CE from 3rd April 2000 — participation on CE before this date is disregarded). CE Capping was introduced to facilitate the movement of participants through the programme, allowing new participants who may not otherwise have such an opportunity, avail of the programme. Recent changes to national policy introduced significant extensions to CE participation limits for older participants (aged 55 and over) and participants with a disability. These changes were made in recognition of the fact that these workers may find it more difficult to progress into the open labour market.
Within the context of the Education and Qualifications Act (1999), certified learning has become a key objective for all FÁS funded training. In this context, as part of its continuous improvement processes, FÁS has introduced a new Individual Learner Plan approach to the Community Employment programme. This approach, aimed at systematically supporting the progression of programme participants, is currently being rolled out nationwide.
The ILP sets out a profile of the learner development needs both in relation to project skills training and progression training. Career planning and exit strategies form an integral part of the plan. Significant changes have been made to the programme to reflect the needs of the labour market. The programme will be continuously reviewed to ensure it meets the needs of its participants.
I would like to highlight that FÁS and Local Employment Service Offices are available to provide information on other employment and training opportunities which may be available to those in local communities exiting or ineligible for Community Employment Schemes.
CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. The overall operation of the scheme is therefore kept under constant review.
530 Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment the progress to date with regard to the Strategy for Science, Technology and Innovation; and if he will make a statement on the matter. [19761/07]
The Strategy for Science, Technology and Innovation 2006-2013 sets out ambitious targets for placing Ireland firmly on the global map in terms of the excellence of our research and its application for the benefit of our people and our economy. We are investing in Ireland's R&D infrastructure and human capital as the cornerstone underpinning our future competitive place in the world. It is a challenging goal given that we were starting from a relatively low base vis à vis EU and OECD peers. The Strategy provides us with the means to achieve convergence, coherence and complementarity in our national innovation system and to ensure maximum economic and social benefits are derived from the Government's commitment of €8.2 billion to this area under the National Development Plan.
One year on from launch of the 7-year Strategy the early indicators are of success. Total R & D spending across all sectors of the economy reached €2.33 billion in 2006, up over 14% on 2005. Between 2004 and 2006 gross expenditure on research and development (GERD) increased by over 26% in nominal terms. Notwithstanding rapid economic growth, the overall GERD / economic activity intensity ratio rose to 1.56% of GNP compared to 1.48% in 2004. This suggests a real turning point has occurred which places research and development, innovative activity and the commercialisation of knowledge as a real driving force behind our future well-being.
It is very encouraging to see that R & D expenditure by business grew strongly in 2005 and 2006. R&D spending in the business sector (BERD) rose by almost 10% from 2004 to 2005, and is estimated to have increased by a further 17.3% in 2006 to reach €1.56bn. BERD intensity as a % of GNP is growing too (from 0.82% in 2004 to 0.90% in 2006). This reflects a robust R&D spending performance by both Irish and foreign-owned firms.
The establishment of a strong research base in Ireland by the research programmes of SFI, PRTLI and the IDA is proving to be a vital driver of major investment decisions by both overseas and indigenous companies. Investment in research & development continues to increase. In 2006 alone 54 R&D investment projects were supported by IDA Ireland involving a total investment of almost €470m. This has grown at a dramatic rate from just €140m in 2004 and €260m in 2005.
Ireland's investment through Higher Education R&D (HERD) was one area Government could impact directly and rapidly and has done so. The investments in building the science base through SFI, PRTLI and enhanced Enterprise Ireland and sectoral spending on R&D in the third level sector has seen the level of R&D quadruple from €153m in 1996 to an estimated €600m in 2006. Ireland's HERD spend of 0.4% of GNP has moved from well behind to the OECD average and now exceeds that of the EU27 average. The number of full-time equivalent researchers stands at 5,600 which places Ireland close to the EU27 average.
The point of the Strategy, of course, is that we do not want to be at EU or OECD averages but by the end of the Strategy to have caught up with the leading investing countries in each case. It is, undeniably, a challenge to realise the ambitious set of goals in the STI Strategy by 2013 but these goals are underpinned by a commitment of €8.2bn in the NDP, by a coordinated and proactive approach with buy-in from Government Departments, the enterprise agencies and the higher education sector, and by a strong political commitment to realise a competitive knowledge-driven economy in Ireland.
531 Deputy Paul Gogarty asked the Minister for Enterprise, Trade and Employment when a decision will be made on an application for a renewal of a work permit for a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [19779/07]
The Employment Permits Section of my Department has informed me that a work permit has issued in this case.
532 Deputy Brendan Howlin asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to reports that a company (details supplied) may acquire a ferry vessel to resume services between Cork and Swansea; the steps he will take to ensure the payment of adequate wage rates and protection of the employment rights of persons who may be employed on such vessel; and if he will make a statement on the matter. [19911/07]
541 Deputy Brian O’Shea asked the Minister for Enterprise, Trade and Employment the progress made in regard to manning conditions for regular passenger and ferry services operating continuously between the same two ports in EU Member States in order that pay and conditions on such ferries should reflect the local situation thus making it possible for local workers to gain employment on ferries. [20520/07]
I propose to take Questions Nos. 532 and 541 together.
Primary responsibility for this sector rests with the Minister and Minister of State at the Department of Transport. I can advise the Deputies however that the terms and conditions of employment on board ferry vessels are linked to the State in which the ship is registered. In the case of workers employed on Irish registered vessels, the terms and conditions of those employees on the vessel are subject to the provisions of Irish law whether the ship is in Irish territorial waters or on the high seas. This would include legislation dealing with minimum wages. The conditions of employment, including minimum wages, of workers on board vessels under the Irish flag are governed by a comprehensive corpus of Irish employment rights legislation.
Primary responsibility for the inspection of ships rests with my colleague the Minister for Transport. I understand that where a vessel is engaged in a scheduled Roll-on Roll-off passenger service it is subject to inspection under the EU Directive 99/35/EC prior to the ship entering service. Any such inspection, covering safety issues, will entail a joint inspection involving surveyors from the Department of Transport and their counterparts in the UK or elsewhere within the EU, depending on the routes being served.
If the vessel is not registered in Ireland, it will also be subject to port state control inspections in Ireland by the Department of Transport. Such inspections cover safety, environment protection and International Labour Organisation Conventions. The latter covers the welfare of the crew (food, accommodation, hours of work etc) but excludes rates of pay. Regarding the first question, at this stage I understand that the Minister for Transport has not had any indication from the shipping company that this ship will be registered in Ireland.
533 Deputy Joe Costello asked the Minister for Enterprise, Trade and Employment the regulations in place to counteract bullying in the workplace; and the number of cases of bullying that have been dealt with by his Department. [19922/07]
A revised Code of Practice, under the Safety, Health and Welfare at Work Act 2005, for employers and employees on the Prevention and Resolution of Workplace Bullying, was published in April 2007. It replaces and updates the previous Code in operation since 2002 and it provides practical guidance for employers on identifying and preventing bullying at work arising from their duties under the 2005 Act as regards managing and conducting work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of their employees at risk.
The 2005 Act also applies to employees in relation to their duties not to engage in improper conduct or behaviour likely to endanger their own safety, health and welfare at work or that of any other person.
The Code emphasises that the best place to deal with a complaint of bullying is at the level of the workplace. A significant element of the Code places an emphasis on the resolution of incidents of bullying using an informal process and professional mediation services. Only if internal processes fail, should it be necessary to get outside support. In that event, the Code states that an appeal should be referred to the Rights Commissioner Service of the Labour Relations Commission under the Industrial Relations Acts. If the decision of the Rights Commissioner is not acceptable, an appeal may be made to the Labour Court.
It should also be noted that a Code of Practice under the 2005 Act may be admissible in evidence before a Court where it is alleged that the Code had been contravened or not complied with. Statistics on the number of bullying cases dealt with will be available directly from the Health and Safety Authority, the Rights Commissioner Service and the Labour Court.
534 Deputy Finian McGrath asked the Minister for Enterprise, Trade and Employment the person to whom a company (details supplied) can be made accountable for the way they are treating customers; and the reason Comreg and Consumer Affairs do not make them accountable; and if he will advise on this matter. [19924/07]
Telecommunication companies like all traders have responsibilities under the Sale of Goods & Supply of Services Act 1980. Consumers who are unhappy with the service provided by the company referred to by the Deputy and who are of the view that the company is not supplying services with due skill, care and diligence as required under the 1980 Act, have the option of pursuing a claim before the Small Claims Court.
The National Consumer Agency (NCA) has certain enforcement functions under the provisions of the 1980 Act. The exercise of these functions is a day to day matter for the NCA and is one in which the Minister has no direct function.
535 Deputy Áine Brady asked the Minister for Enterprise, Trade and Employment the progress made to date on the implementation of the recommendations of the Small Business Forum; and if he will make a statement on the matter. [19949/07]
546 Deputy Dara Calleary asked the Minister for Enterprise, Trade and Employment the progress of the recommendations of the Report of the Small Business Forum. [20850/07]
I propose to take Questions Nos. 535 and 546 together.
The Report of the Small Business Forum published in May 2006, sets out a comprehensive agenda designed to ensure that the small business sector achieves its full potential and continues to play a key role in our economic development over the next decade. The Forum's recommendations were focussed on three fundamental objectives: creating a better environment for small enterprises; stimulating growth of small enterprises; and encouraging more and better start-ups. Since the Report was published, considerable progress has been made in respect of the implementation of the Report. Examples of actions taken to date include:
The threshold for the exemption from the requirement that companies have their accounts audited has been increased from €1.5m to €7.3m.
The Budget included a package of measures designed to help the small business sector including the extension and radical improvement of the Business Expansion and Seed Capital Schemes up to 2013 and important increases in the VAT Cash Accounting and VAT Registration Turnover Thresholds from 1 March 2007 to simplify administration and reduce working capital requirements on small businesses.
The Innovation Voucher Scheme was launched. This scheme provides an incentive to small businesses to explore new ideas within their businesses and should help drive levels of innovation within the sector.
The "Tech-Check" Programme has been launched. This programme provides small businesses with the opportunity to access a highly subsidised independent technology check-up and help them to identify ways to boost their productivity and profitability through the better use of technology. This Programme is being delivered by the County and City Enterprise Board.
The Management Development Council has been established to drive levels of managerial capability within the enterprise sector. The Council will benchmark Ireland's current management development provision while also developing a coordinated approach to building appreciation in the SME sector for the value and need of leadership and management skills.
The first "Small Business in Ireland" Report was published by the Central Statistics Office On 30 May 2007. This publication brings together for the first time a comprehensive set of statistics that clearly demonstrates the importance of the small business sector to our economy and has been widely welcomed by the business community.
Reflecting the concerns of the Forum, new Guidelines to Local Authorities on the implementation of Development Contribution Schemes under the Planning and Development Act 2000, issued by the Minister for Environment, Heritage and Local Government earlier this year, have emphasised the need for the impact of such Schemes on our competitiveness to be taken into account.
The extent of the Government's commitment to the small business sector should be clear from the real and substantive changes that have already been implemented in response to the Forum's Report. It is my intention that we will continue to work on this agenda and ensure that there is a supportive environment for small business in Ireland.
536 Deputy Pat Breen asked the Minister for Enterprise, Trade and Employment the status of an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [20181/07]
The Employment Permits Section of my Department has informed me that a work permit has issued in this case.
537 Deputy Shane McEntee asked the Minister for Enterprise, Trade and Employment the legislation that governs the marketing and use, classification, packaging and labelling of toys imported into Ireland; the resources available to ensure compliance with the legislation; and if he will make a statement on the matter. [20433/07]
The European Communities (Safety of Toys) Regulations (S.I. No. 32 of 1990) govern the marketing, classification and labeling of toys placed on the Irish market. These Regulations are enforced by the National Consumer Agency (NCA). The NCA has indicated that staff are constantly engaged on product safety duties, mainly related to issues associated with toy safety. The NCA may also call on further staff resources if required. The NCA is the designated Irish Authority for the operation of the RAPEX system which provides a rapid alert notification system amongst EU Member States in respect of potentially hazardous products including toys.The NCA recently published a booklet entitled ‘A Guide to Toy Safety' which is also available on the NCA website.
538 Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment if the IDA have handed back an advance factory property (details supplied) in County Mayo to the property owners; if so, the amount paid by the IDA to exit the lease contract which was not due to expire until 2018; the amount paid to lease this property annually; if he will confirm the periods that the property was occupied; and if he will make a statement on the matter. [20482/07]
The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the Agency and not one in which I have a function.
I have been informed by IDA that this property was surrendered to its owner on the 11 September, 2006. For commercial reasons, and in order to protect IDA's negotiating position in relation to any similar properties, it is not appropriate for information on the commercial terms agreed by the Agency with the owner regarding the termination the lease to be divulged.
539 Deputy Willie Penrose asked the Minister for Enterprise, Trade and Employment the reason a person (details supplied) in County Westmeath has not been issued with a work permit; and if he will make a statement on the matter. [20492/07]
The Employment Permits Section of my Department informs me that they have no record of a valid application in this case.
540 Deputy Damien English asked the Minister for Enterprise, Trade and Employment if his Department will provide funding to a group (details supplied) in County Meath to employ a dedicated driver and an assistant or helper for their community bus that was part funded by a National Lottery grant; and if he will make a statement on the matter. [20502/07]
The FÁS North East Region receives a substantial number of requests from Community Employment Groups for additional staffing and while there may be a genuine need, along with supporting justification for each request, FÁS is charged with the responsibility of ensuring that these requests are considered fairly and that any approval for additional staffing is strictly within the annual budget allocation. The Summerhill Meals on Wheels Social Outreach project application is being considered in this context.
542 Deputy Phil Hogan asked the Minister for Enterprise, Trade and Employment if he will intervene with a financial institution (details supplied) to assist sub-contractors who are owed substantial moneys arising from the receivership at a development in County Kilkenny; and if he will make a statement on the matter. [20525/07]
The issue raised by the Deputy is a matter for the parties concerned and I have no direct function in the matter. Receivers are appointed either pursuant to a debenture or by application to the High Court. I have no statutory power to intervene on behalf of creditors in either case.
543 Deputy Paul Connaughton asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the huge number of people in the workforce who want to work after they reach retirement age, the huge reservoir of talent that is lost to the economy as a consequence of a predetermined retirement age, that such workers believe passionately in their right to work and that they have a great deal to contribute; and if he will make a statement on the matter. [20751/07]
There is no age discrimination in employment rights legislation and there are no provisions in employment or equality law that impose a compulsory retirement from employment. The Employment Equality Acts 1998 and 2004, among other things, protect against discrimination on the ground of age in relation to access to employment. However, they also permit an employer to decide on a retirement age in a particular employment to give flexibility to employers and employees, having due regard to the nature of the work being performed. There is therefore no single fixed retirement age for employees in Ireland. Retirement age is set out in a person's contract of employment, some of which do have a mandatory retirement age. However, it is open to the employee and employer to negotiate another contract. The usual retirement age is 65.
Many employment contracts have provisions for early retirement from age 60 or in some cases from age 55 and most have provision for early retirement on health grounds. Where an employee is subject to a mandatory retirement age in their job, there is nothing to prevent them taking up a different job when they retire or taking up self-employment. With effect from 1 April, 2004, it is not compulsory for new entrants to the public service to retire at a particular age if they are fit and willing to remain in employment. The existing retirement conditions, in agreement with the relevant unions, have been retained for existing employees. To do otherwise would be a breach of the terms and conditions of employment of employees. To encourage longer working and to improve income support for older people, the new enhanced State pension (non-contributory) for those over 66 years featured an employment earnings disregard incentive amounting to €200 per week in 2007.
The National Pensions Review, published last year, made a number of recommendations to encourage people to continue working after normal retirement age. This included allowing people to defer receiving their social welfare pension at normal pension age and to grant them an actuarially enhanced payment when they claim. The Government is shortly to produce a Green Paper on Pensions with a view to developing a framework for future pensions policy. This will include an examination of the issues surrounding pensions and retirement age.
In the absence of specific data, it is difficult to quantify the numbers who wish to work past the fixed retirement age. However, the employment rate for people aged 60-64 would indicate that most people opt out of the labour force by choice before 65. The employment rate for those in the 60-64 age category is 45.3%. This compares to an overall employment rate of 68.9%. In addition to facilitating people to work past 65, a major challenge is to encourage people to remain in work at least up to the age of 65.
544 Deputy John Deasy asked the Minister for Enterprise, Trade and Employment if there are penalties imposed on employers who fail to return a work permit to his Department once the employee no longer works there; if his attention has been drawn to the difficulties this can cause for the employee when they seek to take up alternative employment; and if he will make a statement on the matter. [20766/07]
Under Section 24 of the Employment Permits Act 2007 if the employment of a foreign national pursuant to an employment permit is terminated by the employer or the holder of the permit or otherwise, for whatever reason ceases, the original of the permit and any copies thereof must be surrendered to my Department within 4 weeks. Any person who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.
545 Deputy John Deasy asked the Minister for Enterprise, Trade and Employment the number of site visits to County Waterford, Dungarvan and Waterford City that have taken place over the past twelve months; and if he will make a statement on the matter. [20767/07]
IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland and its regions. The marketing of individual areas, including Waterford and Dungarvan, for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. While I may give general policy directives to the Agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.
I have been informed by the Agency that from the beginning of September 2006 to date there have been a total 15 site visits to Waterford City, within 30 miles of Dungarvan. There have not been any site visits to Dungarvan or to the rest of County Waterford in the same period. In line with the National Spatial Strategy, IDA Ireland is focussed on advancing the economic development of the South East region primarily through the Gateway of Waterford City, the hub towns of Wexford and Kilkenny and the other key centres of Carlow and Clonmel. Waterford has a long and strong track record as a centre of manufacturing expertise. The County has a key strength in engineering, in both indigenous and overseas sectors. In more recent years however, these have been giving way to newer, more advanced manufacturing, particularly in the Life Sciences sector and also to International & Financial Services activities. When marketing County Waterford for new foreign direct investment, IDA Ireland is focussed on attracting overseas companies in the services and knowledge-based industries (including advanced manufacturing). At present there are 31 IDA Ireland supported companies in Waterford employing approximately 6,100 people.
To enable Waterford City and County to compete both nationally and internationally for FDI, IDA is focusing on the provision of world-class property solutions of scale in the Waterford City area and in the development of property solutions in the county town of Dungarvan, e.g. the Waterford Business & Technology Park and the Dungarvan Business Park. In addition, a 55 hectare Greenfield site, specifically targeted for larger scale utility intensive overseas investments, has been developed in Belview, while a further 20 hectare site on the Kilmeaden road in Waterford city is also available for greenfield investment. In parallel with developments on the property solutions side, IDA Ireland continues to work closely with third level educational institutes in the region so that the skill sets necessary to attract high value-added employment to the County are being developed. In addition, IDA maintains a close relationship with FÁS so that the requirements of industry in the areas of training and up-skilling are being met.
547 Deputy Dara Calleary asked the Minister for Enterprise, Trade and Employment the position in relation to the development of a technological park in Ballina, County Mayo. [20851/07]
The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the Agency and not one in which I have a function.
IDA Ireland has been in discussions with Mayo County Council regarding the acquisition of a 27 acre site on the Sligo Road in Ballina. These discussions have been protracted. The Agency requires unburdened title to the site before it can begin development work on the land. Progress in this matter was delayed due to lengthy legal proceedings over which the Agency had no control and to which the Agency was not a party. The Agency has informed me that these proceedings have now been completed. The Agency is in continuing discussion with the Council with a view to an early resolution of the matter.
548 Deputy Dara Calleary asked the Minister for Enterprise, Trade and Employment the number of site visits to Ballina conducted by IDA Ireland in 2006 and to date in 2007. [20852/07]
IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. The marketing of individual areas, including Ballina, for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. While I may give general policy directives to the Agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.
I have been informed by the Agency that, while there have been 3 visits to other locations in the County from the beginning of 2006 to date, there have not been any site visits to Ballina. Under the National Spatial Strategy (NSS), Castlebar / Ballina form a linked hub. Both towns and Westport are priority locations for IDA and are being actively promoted for new FDI. At present there are 21 IDA supported companies in Mayo employing over 3,000 in permanent jobs, and approximately another 500 in temporary posts. IDA Ireland is committed to the development of Mayo and is working continuously with its existing client base to deepen the global strategic importance of the Irish operations within their parent corporations. However, decisions as to where to visit and where to locate are a matter for the investing company.
549 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 592 of 24 April 2007, if he will review the decision not to mainstream community employment schemes; and if he will make a statement on the matter. [20877/07]
Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. Within this context and in order to support the delivery of essential services, the ring fencing and prioritisation of places for health related services, childcare and Drugs Task Force clients was introduced in 2002/2003. As a result of this ring fencing of places, service provision levels within these sectors was, and continues to be maintained at a constant level.
The total number of places spread across the 3 ring-fenced sectors, namely Drugs, Childcare and Health, is approximately 6,000, which represents 27% of current places. In November 2004, following a review of FÁS Employment schemes (Community Employment, Job Initiative and Social Economy Programmes), I announced that Community Employment places supporting the delivery of health services will continue to be ring-fenced. There are currently no plans to mainstream these Community Employment places.
550 Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if a group (details supplied) in County Galway will be assisted. [19868/07]
Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country towards the provision of sporting facilities. The programme is advertised on an annual basis. It is open to the organisation in question, should they have a project which satisfies the terms and conditions of the programme, to apply when the next round of the programme is announced.
551 Deputy Seán Sherlock asked the Minister for Arts, Sport and Tourism when the provision of €184 million towards the local authority swimming pool programme under the National Development Plan 2007 to 2013 will be allocated. [19892/07]
562 Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism if the expenditure review of the local authority swimming pool programme is completed; and when he expects to announce a new round of the local authority swimming pool programme. [21040/07]
I propose to take Questions Nos. 551 and 562 together.
My Department is completing an Expenditure Review of the Local Authority Swimming Pool Programme at present. The Review is examining, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Following consideration of the recommendations in the Review, it is my intention to launch a new round of the Local Authority Swimming Pool Programme as soon as possible. I would point out that there is a provision of €184m in the National Development Plan, 2007-2013 in respect of the Local Authority Swimming Pool Programme.
552 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the amount of the €17 million given to the Irish Film Board in 2006 by his Department that the board has received back from profitable films. [19985/07]
The Irish Film Board (IFB) is a statutorily independent agency established under the Irish Film Board Act, 1980. Accordingly, matters regarding the allocation of an investment, loan or grant that the IFB makes is a matter for the Board of the IFB. The role of the Board is to provide development and production finance for Irish film projects (feature, documentary, animation) and to promote Ireland abroad as a film location. The Board was allocated a total budget of €19.6m to carry out these functions in 2007 and €17.126m. in 2006. This funding enabled it to provide production and development support to 290 projects in 2006. The equivalent of 1,058 full time jobs were created in the Irish film industry in 2006, with expenditure in the Irish film sector rising in 2006 to €238m. from €152m. in 2005.
Irish Film Board projects continue to achieve success and international recognition, being the recipients of some major awards — in 2006 "The Wind that Shakes the Barley" won the Palme d'Or at the Cannes Film Festival and "Six Shooter" won the Academy Award for Best Short Film. In 2007 "Garage" won a prestigious category at the Cannes Film Festival and "Once" won an award at the Sundance Film Festival and has since obtained a US distribution deal. IFB short film Blind Man's Eye was selected for Venice Film Festival, and The Tudors Series 1 (television series), which was shot in Ireland during 2006, received Emmy awards in Costumes and Music.
The Board continues to support emerging talent as well as established practitioners in the Irish film sector and, via its office in Los Angeles, which opened in 2006, to encourage inward productions.
553 Deputy Tony Gregory asked the Minister for Arts, Sport and Tourism if he will review the guidelines of the Irish Sports Council to exclude activities involving tens of thousands of people here, for example, chess and bridge, from recognition as a sport thus excluding them from grant support; and if he will make a statement on the matter. [20002/07]
The Irish Sports Council (ISC) acknowledges that many people throughout the country participate in chess and bridge. However, the Council does not recognise these activities as they do not come within the definition of sport in the Irish Sports Council Act, 1999, under which the Council was established on a statutory basis.
Under the Act, competitive sport is defined as "all forms of physical activity which, through organised participation, aim at expressing or improving physical fitness and at obtaining improved results in competition at all levels" and recreational sport is defined as "all forms of physical activity which, through casual or regular participation, aim at expressing or improving physical fitness and mental well-being and at forming social relationships".
554 Deputy Tony Gregory asked the Minister for Arts, Sport and Tourism if the Irish Sports Council accepted the application by an organisation (details supplied) for recognition as a sport; and if he will make a statement on the matter. [20003/07]
The organisation applied to the Irish Sports Council (ISC) on 27th March 2007 seeking approval as an eligible National Governing Body of Sport. The ISC Eligibility Committee met on 25th July 2007, to consider and decide on the application. The committee decided that the application does not comply with a number of essential criteria, including the requirement for the core activity to come within the definition of recreational or competitive sport as set out in the Sports Council Act, 1999 and the requirement for the organisation to be affiliated to the relevant recognised international sporting federation. The organisation has been advised of the decision of the Sports Council.
555 Deputy Ruairí Quinn asked the Minister for Arts, Sport and Tourism the steps he has taken to ensure that the brand name of the new Lansdowne Road National Stadium is not sold off to the highest bidder resulting in an inappropriate commercial trade mark name being attached, by way of contract to the national stadium, which is being financed, in part, by the Irish taxpayer; and if he will make a statement on the matter. [20401/07]
As the Deputy is aware, in January, 2004, the Government agreed to provide funding of €191m towards the redevelopment of Lansdowne Road Stadium as a 50,000-capacity all-seater state-of-the-art facility. It has been agreed with the IRFU and FAI who are jointly leading the project that they are to provide the balance of the funding. I am informed that the IRFU and FAI are providing their respective shares of the funding utilising a number of funding strategies and these include an initiative to evaluate and ultimately market the naming rights for the new stadium. The initiative regarding the naming rights is a matter for the sports organisations concerned which are independent, autonomous bodies responsible for the promotion and development of their sports at all levels throughout the country.
556 Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism if in view of the fact that the establishment of a third-level Irish academy of the performing arts was transferred from the Department of Education and Science to his Department in 2003, he will now progress the development of this project; and if he will make a statement on the matter. [20563/07]
Responsibility for the establishment of a third-level Irish Academy for the Performing Arts was transferred from the Department of Education and Science to my Department in 2003. However, no transfer of capital funding for the project occurred and Capital funding is not currently available to progress the development of an Irish Academy for the Performing Arts. It should be borne in mind that in 2003 the Government initiated its €58.4m investment in the Cork School of Music, part of the Cork Institute of Technology, which has facilitated its development as "a centre of musical excellence locally, regionally, nationally and internationally".
557 Deputy Frank Feighan asked the Minister for Arts, Sport and Tourism the position in relation to Ballaghadereen Swimming pool, County Roscommon; if the feasibility study has been accepted and if it has been signed off by him; and if he will make a statement on the matter. [20686/07]
The Feasibility Study submitted by Roscommon County Council in relation to the Ballaghaderreen swimming pool project is currently being considered by my Department and I expect to be in a position to make a decision on the matter shortly.
558 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism if he will provide additional funding to the Arts Council to ensure consolidation and growth in the arts here; and if he will make a statement on the matter. [20707/07]
As Minister for Arts, Sport and Tourism I am committed to securing the best possible funding for the Arts Council and the arts sector generally. The Arts Council's funding requirement for the year ahead will be addressed in the context of the consideration of the Estimates for the Public Services for 2008. The Deputy will be aware that in that context the Government must balance competing demands from every part of our economy and society. My policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life.
Responsibility for the promotion of the arts at all levels throughout the country is primarily devolved to the Arts Council. The Arts Council is the principal agency through which State funding is channelled to the arts. Under the Arts Act, 2003, the general functions of the Council include the following: to stimulate public interest in the arts; to promote knowledge, appreciation and practice of the arts; to assist in improving standards in the arts. The Arts Council is a statutorily independent body, funded by my Department and independent in its day-to-day operations, including in relation to its funding decisions. Funding for the Arts Council has increased significantly in recent years from €47.67 million in 2002 to €80 million in 2007, an increase of almost 68%. This funding has transformed the arts, has increased access to the arts, and provided an excellent platform for future development.
559 Deputy Dara Calleary asked the Minister for Arts, Sport and Tourism his plans for the rollout of the Access programme in 2008. [20846/07]
The Arts & Culture Capital Enhancement Support Scheme (ACCESS), which commenced in 2001, provides grants for the development of arts and cultural facilities around the country. This scheme has transformed the level of access to arts and cultural activities for a great many people in all parts of the State. In April 2007 a second round of ACCESS funding was announced and a total of €32m was offered to the promoters of 63 projects nationwide. The primary focus of the second round of the scheme is the refurbishment and enhancement of existing arts and cultural facilities and it will run from 2007 to 2009. During 2008 my officials will be working closely with the projects which have been offered funding under the second round of ACCESS to enable early delivery of the projects. I will be considering the possibility of a further round of ACCESS funding in due course.
560 Deputy Dara Calleary asked the Minister for Arts, Sport and Tourism the level of Government funding that has been given to an organisation (details supplied) in 2006 and to date in 2007; and the conditions that are attached to this funding. [20847/07]
The organisation in question has capital funding from the Sports Capital Programme and current funding from the Irish Sports Council. Under the Sports Capital Programme an amount of €700,000 was awarded to the organisation in 2006 and no application for funding was received in 2007. In addition to this funding, local clubs throughout the country affiliated to the organisation also benefited from the Sports Capital Programme. The amounts for the years 2006 and 2007 are €293,500 and €50,500 respectively.
There is also a provision under the Sport Capital Programme that any club located in a designated disadvantaged area (Clár/RAPID) can receive a top-up grant from the Department of Community, Rural and Gaeltacht Affairs. For projects in Clár areas the top-up can be up to a maximum of 20% of the grants awarded, and up to a maximum of 30% for Rapid areas. Adding in these top-ups the total grants for clubs in 2006 and 2007 were €376,300 and €62,500 respectively. All Sport Capital Programme grants are paid out under standard terms and conditions whichare available on the Department's websiteat http://193.178.1.186/grantsfunding/default.htm.Funding for Current Activities from the Irish Sports Council (ISC)
|
Programme |
2006 |
2007 |
|
€ |
€ |
|
|
Core Grant |
539, 032 |
651,032 |
|
Women in Sport |
370,000 |
370,000 |
|
Total |
909,032 |
1,021,032 |
These core grants were allocated under the standard conditions pertaining to the funding of National Governing Bodies. I have asked the Irish Sports Council to send these detailed terms and conditions directly to the Deputy.
The funding under the Women in Sport programme is based on the organisation's responses to a letter of invitation from the ISC. If the NGB is successful in making an application for funding it must agree to the following conditions to release grant aid: allow ISC members to visit the project for evaluation purposes and use it for the purposes of publicity (TV, print, etc.); ensure that the ISC receives proper recognition in respect of grant aid and agree to provide material on the project for inclusion in ISC publications and on the website; provide a year-end report on the project to the ISC with a clear indication of where the funding allocated was expended and updating on agreed targets; follow procedures within the Code of Ethics, e.g. that coaches be recruited appropriately and signed up to the NGB's Code of Conduct.
561 Deputy Thomas P. Broughan asked the Minister for Arts, Sport and Tourism if he has provided assistance to a club (details supplied) in Dublin 5 after a disastrous and devastating fire which recently gutted the club’s almost built new clubhouse; if not, if he will urgently do so; and if he will make a statement on the matter. [20909/07]
Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country towards the provision of sporting facilities. The programme is advertised on an annual basis. Since 2003, Kilbarrack United Football Club has been allocated a total of €510,000 under the programme, the most recent allocation being €110,000 in 2007. To date €234,196 of the total has been drawn down by the club. An official from my Department was in contact with the club last week in relation to their current grant. In this regard, the Department clarified that the recent fire will not affect the level of the allocation made to the club and they have indicated their satisfaction with this situation. I wish to assure the Deputy that my officials are available should the club require any further assistance in drawing down the remainder of their grant.
563 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when the clothing and footwear allowance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20291/07]
The Back to School Clothing and Footwear Allowance (BSCFA) Scheme is administered on behalf of my Department by the Community Welfare division of the Health Service Executive (HSE). Applications for the allowance may be made between the beginning of June and the end of September each year. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognized education or training course, and has household income at or below certain specified levels.
The Health Service Executive has advised that a decision on entitlement to back to school clothing and footwear allowance in this case will be made upon receipt of documentation clarifying the employment status of the person concerned. This information is necessary in order to determine whether the person concerned satisfies the qualifying conditions of the scheme.
564 Deputy Róisín Shortall asked the Minister for Social and Family Affairs his plans in relation to the elimination of poverty traps that exist in the welfare system. [21100/07]
In providing vital income support to the unemployed and other disadvantaged people there is a constant balance to be maintained in ensuring that programmes are developed in ways that are sufficiently responsive to various contingencies, while simultaneously providing opportunities to assist people to become less welfare dependent.
I am conscious of the need to facilitate persons in receipt of social welfare payments when taking up employment opportunities. To ensure that social welfare supports are structured to support this objective, a number of measures have been introduced in recent years to remove disincentives to taking up employment and to assist in the transition from welfare to work. These measures include easing of means tests through income disregards, tapered withdrawal of benefits as earnings increase and employment support schemes such as the back to work programme. Examples of this approach are the jobseeker's allowance disregard of 40% which applies to net earnings from employment when a recipient of jobseeker's allowance takes up work, and the one parent family payment weekly cash disregard and 50% assessment up to €400. People with disabilities can also avail of earnings disregards when engaging in work of a rehabilitative nature. The most recent Budget also saw the introduction of enhanced disregards of earnings in relation to the rent allowance scheme which complement the rental accommodation scheme that was introduced in 2004.
In addition, the in-work income support provided through the family income supplement scheme provides ongoing income support for people in low-income employment with children. These measures have succeeded largely in removing many disincentives to work or to increasing employment where previously, in certain circumstances, there may have been little or no incentive to take up employment.
Further progress in removing poverty and inactivity traps is shown in the two important reforms which I have introduced today. These reforms improve the methods by which a person's earnings from employment (or the earnings of their partner) are assessed and will facilitate persons in increasing their levels of employment and income. Under the previous assessment procedures a trap existed whereby the loss in benefits to a household could exceed the gain in income attained by a partner increasing their earnings. The new assessment of a spouse's or partner's earnings introduces a system whereby both adults associated with a jobseeker's allowance claim are assessed in a similar manner and will result in an assessment which is simpler and easier to understand and which ensures that the families will gain when earnings increase.
These changes are designed in particular to be progressive for women, who currently make up the majority of qualified adults in the social welfare system, rewarding increased labour market participation and encouraging qualified adults to move beyond long-term part-time employment. They also remove an anomaly in the assessment of means which discriminated against people with children, through the introduction of a daily earnings disregard of €20, benefiting many part-time workers, but particularly those with children. For example, a couple earning €290 per week over three days with two children could gain over €112 per week jobseekers allowance under the new arrangements. In contrast, previous arrangements discouraged all but a small level of attachment to the workforce. The new arrangements also apply to the disability allowance, farm assist and pre-retirement allowance schemes.
Notwithstanding these improvements, it should be appreciated that poverty traps can feature in any contingency-based system which features income thresholds. However, the measures outlined, including those just introduced, will have the effect of greatly reducing the incidence and extent of poverty traps and ensure that they will only arise at significantly higher income levels than previously applied.
My Department will continue to monitor the operation of its schemes with a view to ensuring that poverty traps and disincentives are removed.
567 Deputy Denis Naughten asked the Minister for Social and Family Affairs his views on the fact that pensioners who worked in semi-State companies do not qualify for the State pensions; if he plans to address this situation; and if he will make a statement on the matter. [19735/07]
The class of social insurance applicable to people in semi-state companies who were recruited prior to 6 April 1995 is PRSI Class D, paid at a modified rate. This provides social insurance coverage for a limited range of benefits as it was considered that the sick pay and occupational pension arrangements available to people employed in semi-state companies were such that they did not require such cover under the social welfare system.
People employed after April 1995 pay full rate insurance contributions and are eligible for the full range of social welfare benefits, including contributory pensions. However, their occupational pension arrangements have been adjusted to reflect this change, with the occupational pension and the social welfare pension integrated to provide the overall level of pension promised, which in most cases is 50% of final salary.
The basic qualifying conditions for contributory pensions have been eased considerably in recent years to enable as many people as possible to qualify for contributory social welfare pensions. Special pensions based on pre-1953 insurance have been introduced, and arrangements made so that people with a mixture of insurance at full and modified rates may qualify for pro-rata pensions based on the percentage of full rate contributions in their overall insurance record. These measures have been implemented in a way that ensures that people have sufficient and ongoing attachment to the social welfare system by achieving a minimum standard of contributions, both in terms of the number and type of contributions paid. In addition to the changes in the conditions for the state pension (contributory) the means test for state pension (non-contributory) has also been improved which should assist those receiving small occupational pensions to qualify for a social welfare payment.
Some 125,000 people are insured in the three main modified insurance classes in addition to large numbers already receiving occupational pensions. Accordingly, any proposals to allow modified rate contributors to qualify for a state pension would have very costly and long-running implications for the system.
The Government is committed to publishing a Green Paper on pensions under Towards 2016. The discussion in the Green Paper will, amongst other things, deal with the question, in the wider sense, of those who do not qualify for any support, contributory or non-contributory, under the social welfare pensions system and will set out the implications of making provision for them. I expect that the Green paper will be published shortly. Following publication a consultation process will take place prior to Government deciding on a framework for long-term pensions policy in all areas of pension provision.
570 Deputy Charlie O’Connor asked the Minister for Social and Family Affairs the polices he will put in place in relation to improving conditions for lone parents; and if he will make a statement on the matter. [19769/07]
The Government discussion paper, "Proposals for Supporting Lone Parents," put forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the National Employment Action Plan to focus on lone parents; focused provision of childcare; improved information services for lone parents and the introduction of a new social assistance payment for low income families with young children. The paper also proposed the abolition of the cohabitation rule as a condition for receipt of the proposed social assistance payment.
One of the proposals in the report was that the upper income limit for the new social assistance payment should be set at €400 per week. In Budget 2006, the upper income limits on the one parent family payment was increased from €293 to €375 per week, moving a substantial way towards this limit. In Budget 2007, this element of the proposal was completed by increasing the upper income limit for the one parent family payment to €400 per week. In addition, the report recommended increasing the qualified child increase for recipients of the one-parent family payment. In Budget 2007 the three rates of qualified child increase, which had been maintained at the same levels for a number of years, were combined into a single rate of €22 per week in respect of over 340,000 children of welfare families.
The new social assistance payment, under development in my Department, will have the long term aim of assisting people to achieve financial independence through supporting them to enter employment — the avenue that is widely agreed to offer the best route out of poverty. Any proposed new payment can only be introduced when the necessary co-ordinated supports and services are put in place by other Departments and Agencies. The Government has instructed the Senior Officials Group on Social Inclusion to draw up an implementation plan to progress the non-income recommendations of the report in tandem with the development of the legislation required in my Department to introduce a new payment scheme. Work on the development of this implementation plan is continuing. Issues including access to childcare support, education, training and activation measures continue to be discussed with the relevant Departments and Agencies.
To further develop the process, my Department, with the co-operation of FÁS, the Office of the Minister for Children and the Department of Education and Science, are to test the proposals in both an urban (Coolock, Dublin) and rural (Kilkenny) setting. These tests, due to commence in October, will focus on identifying and resolving the practical and administrative issues that may arise in advance of the scheme being introduced. This will allow for operational and logistical co-ordination between the relevant Departments and Agencies to be considered and will facilitate the development of the new scheme.
572 Deputy Charlie O’Connor asked the Minister for Social and Family Affairs his plans for tackling poverty, especially child poverty; and if he will make a statement on the matter. [19771/07]
Combating poverty and building an inclusive society are key priorities for the Government. The National Action Plan for Social Inclusion (NAPinclusion) and the social inclusion commitments in the National Development Plan were drawn up in consultation with the social partners and after a wide ranging consultation process with other stakeholders. They set out clear goals, demanding targets and a detailed programme of action to meet these goals and targets during the period 2007-2016.
The overall poverty goal in the NAPinclusion is to reduce the number of those experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. It adopts a lifecycle approach, in line with Towards 2016 , with specific, measurable goals set for each group: children; people of working age; older people and people with disabilities; and their communities. Four of the twelve high level goals in the Plan focus on education initiatives and adequate income supports for children. Detailed action targets cover health, education, income support, early childhood development and care and participation to ensure that children reach their true potential.
The social welfare commitments in the Programme for Government prioritise the objectives of the NAPinclusion. They include; improvements in the State Pension and the Carers Allowance, in Child Benefit and in the Back to School Clothing and Footwear Allowance and the School Meals Programme. The Office for Social Inclusion (OSI) in my Department is responsible for progressing the use of poverty impact assessments by government departments, local authorities and statutory agencies in the development of policies and programmes to ensure that the Government's social inclusion agenda is achieved. I am confident that OSI will continue to support Departments and agencies across the public service in addressing the social inclusion agenda.
My plans, in working with Government to deliver the programme over the coming years, are to build on the significant and visible progress that has been made in reducing poverty in the past 10 years and to deliver real improvements in living standards and well-being for the most vulnerable in our society.
573 Deputy Finian McGrath asked the Minister for Social and Family Affairs his views on allowing a contributory old age pension to people who volunteer as carers of people with disabilities and the elderly. [19802/07]
The PRSI system is designed to provide income protection to employees and the self employed in insurable employment, with entitlement to benefits based on a person experiencing certain contingencies and satisfying prescribed contribution conditions. Insurable employment is employment which involves earnings from €38 per week and so the accumulation of contributions is relatively easy under the Irish system. While the link between employment and self-employment is an essential aspect of the system, nevertheless, a number of arrangements are in place to protect the position of those who leave the workforce to care for children or adults who need care and assistance.
The social welfare pension rights of those who take time out of the workforce for caring duties are protected by the homemaker's scheme which was introduced in, and took effect from, 1994. The scheme allows up to 20 years spent caring for children or incapacitated adults to be disregarded when a person's social insurance record is being averaged for pension purposes. However, the scheme will not of itself qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance 10 years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied. Those carers who receive carer's allowance or benefit can, subject to conditions, receive credited social insurance contributions. There is also a system of voluntary contributions in place which allows people who have left the workforce to continue to make social insurance contributions.
Overall, the range of options available under the system to deal with caring issues, the availability of the voluntary contributions system and the very low level of earnings qualifying for social insurance contributions make it relatively easy for someone to maintain an adequate social insurance record.
The Government is committed to publishing a Green Paper on pensions under Towards 2016. The discussion in the Green Paper will, amongst other things, deal with the question, in the wider sense, of those who do not qualify for any support, contributory or non-contributory, under the social welfare pensions system and will set out the implications of making provision for them. The Green Paper will be published shortly. A consultation process will follow publication, prior to Government deciding on a framework for long-term pensions policy in all areas of pension provision.
574 Deputy Bernard Allen asked the Minister for Social and Family Affairs the reason a person (details supplied) has been refused the back to school clothing and footwear payment in view of the fact that they have eight children and are on a limited income. [19896/07]
The Back to School Clothing and Footwear Allowance (BSCFA) Scheme is administered on behalf of my Department by the Community Welfare division of the Health Service Executive (HSE). Applications for the allowance may be made between the beginning of June and the end of September each year. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognized education or training course, and has household income at or below certain specified levels.
The Southern Area of the Executive has advised that the application for BSCFA by the person concerned has been disallowed because the household is not in receipt of a qualifying payment. The person concerned was advised of the decision by the HSE and she was also informed of her right to appeal.
575 Deputy Richard Bruton asked the Minister for Social and Family Affairs if he will extend the back to school payment to single parents on a community employment scheme as they are currently excluded from this secondary benefit by an income limit which fails to recognise the cost of child care which now prevails. [19897/07]
595 Deputy James Reilly asked the Minister for Social and Family Affairs the reason the income limits for the back to school clothing and footwear allowance seem to discriminate against lone parent families as the income limits are higher for families with two parents or two partner families; his views on increasing or revising the limit upwards for lone parent families; and if he will make a statement on the matter. [20254/07]
601 Deputy Tony Gregory asked the Minister for Social and Family Affairs if he will raise the current income disregard for lone parents employed on the community employment scheme to enable them to qualify for the back to school clothing and footwear allowance in view of the fact that at present a couple is allowed to earn €470.80 and qualify for BSCFA, while a lone parent on a CE scheme will not qualify as the limit is €331.30; and if he will make a statement on the matter. [20549/07]
I propose to take Questions Nos. 575, 595 and 601 together.
The back to school clothing and footwear allowance (BSCFA) scheme provides a one-off payment to eligible families to assist with the extra costs when their children start school each autumn. The allowance is not intended to meet the full cost of school clothing and footwear but only to provide assistance towards these costs. A person may qualify for payment of an allowance if they are in receipt of a social welfare payment or Health Service Executive (HSE) payment, are participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels. The Community Employment (CE) scheme is included, among others, as one of the qualifying payments for the purposes of the BSCFA scheme. Income from CE schemes is assessed as earnings for the purposes of all Social Welfare means tested payments, including Back to School Clothing and Footwear Allowance.
The income limits for the BSCFA scheme for 2007 are based on the maximum rate of State Pension (contributory) (under 80) plus €100 in the case of married and cohabiting couples; and the maximum rate of Widow's/Widower's Contributory Pension (under 80) plus €100 for Lone Parents, plus child dependant allowance in each case. Income Limits for 2007 are:
|
Couple |
Lone Parent |
|
|
€ |
€ |
|
|
1 child |
470.80 |
331.30 |
|
2 children |
492.80 |
353.30 |
|
3 children |
514.80 |
375.30 |
|
4 children |
536.80 |
397.30 |
The limit is increased by €22.00 for each additional child in each case. There is no question of discriminating against lone parent families. The rationale for the different income limits for lone parents and couples is to take account of the fact that there is an extra adult in the couple household who has to be provided for. The income limit for couples reflects this.
Participants in a CE scheme are assessed under the standard rules for BSCFA. The weekly income limit for a single person with one child is €331.30. This limit increases by €22 for each eligible child. A person who has income both from one-parent family payment and CE will not qualify for BSCFA on means grounds. However, a person in these circumstances is still significantly better off for having taken up a CE place.
A single parent may earn up to €146.50 per week and still qualify for the full payment of one parent family payment; and may qualify at a reduced rate if their earnings are between €146.50 and €400 per week. For example, a lone parent with one child is approximately €195 per week better off on taking up a CE place (equivalent to €10,140 per annum), while a lone parent with two children is some €207 per week better off (equivalent to €10,764 per annum).
Any changes to the current income limits for the back to school clothing and footwear allowance scheme would have cost implications and would have to be considered in a budget context and in the light of the resources available to me for improvements in social welfare generally.
576 Deputy Tony Gregory asked the Minister for Social and Family Affairs if he will review the decision to assess a person (details supplied) in Dublin 7 for entitlement to jobseeker’s benefit; if their entitlement should be based on credits due for the last year they were employed in the interests of fairness; and if he will make a statement on the matter. [19959/07]
In accordance with Social Welfare legislation the weekly rate of jobseeker's benefit payable is graduated according to the earnings of the claimant in the governing contribution year. The governing contribution year is the second last complete contribution year before the benefit year in which the claim is made. A claimant with no reckonable earnings in the governing contribution year is deemed to have average weekly earnings of less than €80.00 and qualifies for a reduced payment of jobseeker's benefit.
The person concerned claimed jobseeker's benefit on 27 June 2007 while awaiting a decision on her appeal against the disallowance of her illness benefit. As she has no reckonable earnings in the contribution year governing that claim, i.e. 2005, payment was made to her at the reduced personal rate of €83.50 per week, which is the appropriate maximum rate payable in her case. Where a claimant who qualifies for a graduated rate of jobseeker's benefit has an underlying entitlement to jobseeker's allowance at a higher rate of payment, it is open to him/her to opt to receive jobseeker's allowance in lieu of jobseeker's benefit.
If the person concerned wishes to have her entitlement to jobseeker's allowance examined she should advise her local office. Jobseeker's allowance is subject to a means test. It is open to the person concerned to contact the Community Welfare Officer at her local Health Centre regarding her possible entitlement to Supplementary Welfare Allowance.
577 Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of an appeal for the respite care grant for a person (details supplied) in County Mayo. [20075/07]
I am advised by the independent Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer for consideration. Under social welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers who are statutorily appointed. I have no role in regard to making such decisions.
578 Deputy Michael Ring asked the Minister for Social and Family Affairs if he will introduce a pension at a reduced rate to those elderly people who contributed PRSI on the expectation of receiving a pension but were denied by reason only of their advanced age; his plans to introduce the recent recommendation by the Human Rights Commission in this regard; and if he will make a statement on the matter. [20077/07]
It is a fundamental principle of our social insurance system that those qualifying for benefits must satisfy a range of contribution and other conditions. In the case of contributory pensions this involves commencing payment of contributions 10 years before pension age, payment of a minimum number of contributions at an appropriate rate and reaching a minimum average annual contribution rate. The state pension (contributory) is a valuable benefit and the conditions are designed to ensure that those qualifying have had a sufficient and ongoing attachment to the social insurance system. The case reported on by the Irish Human Rights Commission (IHRC) involves a couple who were over 56 years of age in 1988 when compulsory social insurance for the self-employed was introduced. Accordingly, they were unable to satisfy one of the basic requirements for pension as they did not commence paying insurance 10 years before pension age. In 1999 a special half-rate pension was introduced for this group based on the payment of 260 contributions and, again, the couple involved did not satisfy the qualifying condition. While one of the couple could have qualified had they paid the necessary contributions, because of advanced age the other person would not have been able to contribute the necessary level of contributions before reaching pension age. A refund of part of the social insurance contributions was available to such people.
Having considered the case, the IHRC has recommended that a reduced benefit should be paid to people who, because of advanced age, could not satisfy the conditions for the special pension introduced in 1999. The recommendations of the IHRC are based on its assessment of the situation under the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the European Code of Social Security. In relation to the European Code of Social Security, the IHRC places particular emphasis on provisions in relation to the position of people, who by reason of age when provisions are introduced, cannot satisfy contribution or employment conditions.
The Department makes annual reports on compliance with this Code to the Council of Europe, summarising changes to the social welfare system. These reports are then referred to the International Labour Organisation (ILO) Committee of Experts for their examination. The Department's 1999 report included details of the self-employed provisions which are now the subject of the Irish Human Rights Commission (IHRC) investigation. At that time the ILO Committee confirmed that Ireland met its obligations.
Accordingly, as an initial step in its review of the IHRC report, my Department has asked the ILO Committee of Experts for its views on the way in which the IHRC has interpreted the relevant articles. While the Department has received an informal opinion which is at variance with the conclusions of the IHRC, it has asked the Committee of Experts for a formal review of the situation in the context of our annual report on compliance with the European Code of Social Security which my Department submitted recently. The annual report has drawn specific attention to the IHRC report and the manner in which it interprets our obligations under Article 29.5 of the Code.
The views of the supervising committees have been sought on the conclusions of the IHRC report and as soon as these are received the position will be reviewed. My Department is anxious to finalise this matter and will press for an early response from the supervising committee.
579 Deputy Michael Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal by a person (details supplied) in County Mayo will be finalised. [20078/07]
I am advised by the independent Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
580 Deputy Michael Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal will be finalised for a person (details supplied) in County Mayo. [20080/07]
I am advised by the independent Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing on 2nd of October 2007. The person concerned has been informed of the arrangements.
Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
581 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the widower’s non-contributory pension. [20091/07]
In October 2006, the customer concerned applied for a widower's contributory pension. Following an examination of his insurance record, his application was disallowed as he did not have enough paid contributions. In January 2007 his application was referred for examination of his entitlement to widower's non contributory pension. However, the customer withdrew his claim as he did not wish to proceed with a claim for non contributory pension.
The customer re-applied for a widower's non contributory pension in June 2007. Following investigation by a Social Welfare Inspector his means, derived from self employment as a taxi driver, were assessed at €155.00 weekly. He was awarded the widower's non contributory pension at the reduced rate of €18.50 per week from the 6th October 2006, increasing to €38.30 weekly from 5 January 2007. In addition he was awarded Fuel Allowance of €18.00 weekly. The customer was notified of this decision on 30 July 2007.
582 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded family income supplement. [20092/07]
583 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason it has taken 24 weeks for the file of a person (details supplied) in County Mayo to be sent to a local social welfare inspector. [20093/07]
I propose to take Questions Nos. 582 and 583 together.
The person concerned was awarded Family Income Supplement (FIS) for a period of 12 months from 25th May 2006 and payment continued to 23rd May 2007. He made a renewal claim on 17th April 2007. Due to high volumes of claims in the FIS section, there have been delays in processing claims with the result that this claim was not examined until the 8th August. When the case was examined, it was found that the spouse of the person concerned had income from self-employment and it was necessary to refer the case to a Social Welfare Inspector for investigation of this aspect before a decision could be made.
On completion of the investigation and a decision was made on 5th September 2007 by a Deciding Officer of my Department. The person concerned was awarded FIS at the weekly rate of €291 from 24 May 2007. The first payment, including arrears of €4,656 from 24/5/07 was made on 12 September 2007. The delay in finalising this claim is regretted.
My Department has introduced measures to directly address the timeliness of claim processing for FIS:
A review of existing processes and procedures has been carried out with he explicit objective of reducing delays in claim processing;
Priority is being given to claims where a claim is being renewed to ensure continuity of payment;
Additional resources have been applied specifically to improve delivery of service and the ongoing staffing requirement has been reviewed.
These measures will, over time, lead to more efficient processing and reduce the number of claims on hand. The position is being closely monitored by my Department.
584 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of family income supplement applications received in his Department; the average processing time per file; and his plans to increase staffing levels to reduce the delay in processing files. [20094/07]
The Family Income Supplement (FIS) is designed to provide cash support for employees on low earnings with families. FIS is paid for 52 weeks provided a person continues to meet the qualifying conditions and a claim for renewal may then be made. There are currently 20,247 people in receipt of FIS.
Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. My Department has consistently publicised the scheme in order to maximise uptake by qualified families. Following significant improvements in the qualifying income limits in the 2006 budget, my Department undertook a week-long, nationwide awareness campaign in March of that year to encourage increased take up of the scheme. This, combined with the improvements in the income limits, resulted in a strong upward trend in the level of new claims and consequently, claims for renewals.
To date in 2007, my Department has received 26,898 new and renewal FIS claims and has decided a total of 20,916 cases. At 14/09/2007 there were 10,604 claims awaiting decision. These were comprised of 4,317 new claims and 6,287 renewal claims. The average time it takes to award a FIS claim or renewal in 2007 (at end Aug) is 14.52 weeks. My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. Measures have been taken to improve the efficiency of claim processing for FIS:
A review of existing processes and procedures has been completed by my Department with the explicit objective of reducing delays in claim processing;
Priority is being given to claims where a claim is being renewed to ensure continuity of payment;
The ongoing staffing requirement was recently reviewed in the light of the current volumes of claims and renewals. In view of the efficiencies that the processing improvements are expected to generate, an increase in the staffing level was not warranted at this time.
These measures will lead to more efficient processing and reduce the number of claims on hand. The position is being closely monitored and kept under review by my Department.
585 Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of an appeal for the respite care grant for a person (details supplied) in County Mayo. [20095/07]
I am advised by the independent Social Welfare Appeals Office that, having considered all the available evidence, an Appeals Officer disallowed the appeal of the person concerned. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
586 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard in relation to a carer’s allowance application for a person (details supplied) in County Mayo. [20105/07]
I am advised by the independent Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
587 Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of an appeal for a person (details supplied) in County Mayo. [20107/07]
I am advised by the independent Social Welfare Appeals Office that, in accordance with the statutory requirements, the relevant Departmental papers and comments of my Department have been sought in this case. On receipt of this response the case will be referred to an Appeals Officer for early consideration. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
588 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason an application for a retrospective survivor’s pension in relation to a person (details supplied) in County Mayo was refused; and if the payment will be made to their estate. [20108/07]
An application for Widow's Contributory Pension was received on 26 April 2007 on behalf of the person concerned (now deceased). The claim was refused in July 2007 on the basis that the insurance contributions condition was not satisfied. Earlier this month, the application was reviewed as additional information on insurance records was provided by the applicant. However, following a full review of the application, the claim was again refused as the insurance conditions were still not satisfied.
589 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo can be reassessed for family income supplement due to a change in circumstances. [20109/07]
An application for Family Income Supplement was received from the person concerned on 15/02/2007 and was disallowed by a deciding Officer of my Department on 09/05/2007 because the means exceeded the prescribed weekly family income limit of €625 applicable in his case. His family income was assessed for FIS purposes at €689.57 per week. This was derived from his net earnings of €503.77 per week and the Illness Benefit of his spouse at €185.80 per week. Notification of the decision was issued to him.
The person concerned lodged an appeal to the Social Welfare Appeals Office. The appeal was disallowed on 3/8/2007 but the Appeals Officer advised him that any new documentation he might have of a reduction in earnings due to a downturn in overtime should be submitted to my Department. He submitted five recent payslips and a Deciding Officer of my Department reviewed the case in light of these. The figure for earnings was revised to €464.38 per week. This, together with €185.80 (Illness Benefit of his spouse) gives a revised income of €650.18 for FIS purposes. This is higher than the prescribed weekly family income limit of €625 in his case. Accordingly, the Deciding Officer disallowed the claim. The person concerned was notified of the outcome of the review by the Deciding Officer on 24 September 2007. It is open to him to make a repeat claim for FIS in the event that his earnings are further reduced.
590 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for retrospective job seeker’s benefit by a person (details supplied) in County Mayo will be finalised. [20148/07]
I am advised by the independent Social Welfare Appeals Office that, in accordance with the statutory requirements, the relevant Departmental papers and comments of my Department have been sought in this case. On receipt of this response the case will be referred to an Appeals Officer for early consideration. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
591 Deputy Michael Ring asked the Minister for Social and Family Affairs the target time level for processing review applications of family income supplement; and the number of occasions on average the target was met by staff within that section in each of the past six months. [20212/07]
The Family Income Supplement (FIS) is designed to provide cash support for employees on low earnings with families. Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. My Department has consistently publicised the scheme in order to maximise uptake by qualified families. Following significant improvements in the qualifying income limits in the 2006 budget, my Department undertook a week-long nationwide awareness campaign in March of that year to encourage increased take up of the scheme. This, combined with the improvements in the income limits, resulted in a strong upward trend in the level of new claims. There are currently 20,247 people in receipt of a weekly FIS payment.
Family Income Supplement is paid for 52 weeks provided a person continues to meet the qualifying conditions and a claim for renewal may then be made. The upward trend in new claims is also reflected in renewals. This has resulted in an increase in the number of claims (new and renewal) on hand. Up to 14 September 2007, my Department had received 17,310 renewal FIS claims of which 6,287 were awaiting decision. The performance standard for FIS is set at 70% within 3 weeks but this has not been met in any of the past six months. The average time it takes to award a FIS claim or renewal in August 2007 was 14.52 weeks.
My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. Measures were introduced to directly address the efficiency of claim processing for FIS. Renewal applications are now issued to existing FIS recipients 8 weeks before their entitlement is due to cease, with the aim of having repeat claims processed by the time their 12 month payment cycle expires.
A review of staffing requirements and processes has been completed in the light of the current volumes of new and renewal claims. Process improvements have been identified and are being implemented. These measures will, over time, lead to more efficient processing and reduce the number of renewal claims on hand. The position will be closely monitored and kept under review by my Department.
592 Deputy Michael Ring asked the Minister for Social and Family Affairs the advertising his Department carried out in relation to family income supplement; and the amount of money spent on advertising the FIS scheme. [20213/07]
In March 2006 my Department undertook a nationwide awareness campaign to promote and encourage the take up of the Family Income Supplement (FIS) scheme. An extensive week-long campaign included advertising on television, on national and local radio and in national and regional newspapers. A nationwide poster campaign was also undertaken. The cost of this campaign was approximately €300,000.
In addition to the advertising campaign, FIS information booklets and application forms were distributed on behalf of my Department to GPs surgeries and health centres throughout the country and were displayed there from March to August 2006 and January to June 2007. This cost in the region of €23,500.
The FIS scheme, as well as a number of my Department's other schemes and services, was advertised on ‘Info TV' in almost 80 Credit Union branches nationwide at various stages throughout 2006 and 2007.
My Department aims to ensure that all citizens are made aware of their rights and entitlements. In this regard, Information Officers are available in Social Welfare Local Offices to assist customers enquiring about the scheme. Callers to my Department's Information Services enquiry line, 1890 66 22 44, are advised of the Family Income Supplement scheme, as appropriate. Information booklets promoting FIS are distributed to local Social Welfare Offices, Citizens Information Centres, Post Offices and voluntary organisations. In addition, information on FIS and all social welfare schemes and services is available on my Department's website, www.welfare.ie.
593 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of applicants for family income supplement in 2007 who were refused assistance; the number of people who currently receiving FIS; and the average payment. [20214/07]
The Family Income Supplement (FIS) is designed to provide cash support for employees on low earnings with families. Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. Family Income Supplement is paid for 52 weeks provided a person continues to meet the qualifying conditions and a claim for renewal may then be made.
In the period 1 January 2007 to 14th September 2007, decisions were made on 22,179 FIS claims (7,703 new and 14,476 renewals). Of these, 3,099 claims were refused (1,777 new and 1,322 renewals).
There are currently 20,247 customers in receipt of FIS. The average weekly rate of FIS in respect of the week ended 14th September 2007 was €97.45. When payment of arrears of FIS are taken into account, the average weekly payment is increased to €145.
594 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of complaints logged to his Department in 2007 regarding the telephone service with the family income supplement section of his Department being unanswered; the average number of staff working in the FIS section answering telephones for members of the general public for the TD enquiries for each week of the months, May, June, July, August and September 2007. [20215/07]
My Department actively promotes the uptake of the Family Income Supplement (FIS) scheme. Following improvements to the scheme in the 2006 budget and an extensive advertising campaign, the number of people applying for a FIS payment increased substantially, so that some 26,900 new and renewal claims have been received in 2007. This increase resulted in delays in processing claims and as a consequence higher volumes of telephone calls were received in FIS section. The number of incoming calls to the section for the period from early May 2007 to mid September 2007 totalled some 71,500 and this has put pressure on the telephone service.
As part of its commitment to providing a quality service to all its customers, my Department operates a formal customer complaints system that enables customers to register complaints on any aspect of the service across all its schemes.
The principal measure introduced in relation to delays in answering calls is the setting up of phone bank system. All incoming calls from the general public will be routed through a dedicated phone bank manned by a designated number of staff on a rota basis.
There is a direct line to the section for TD enquiries with responsibility assigned to one staff member and there is a back-up number when the line is busy. TD queries will continue to be dealt with on one direct line but a further five extensions will be available as backup in case the line is busy.
In response to the difficulties being experienced in the section a number of organisational and procedural changes have been implemented this, together with measures aimed at reducing the number of claims on hand, will enable FIS section to improve the quality of its telephone service. The position will be closely monitored and kept under review by my Department.
596 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if an appeal will be accepted in the case of a person (details supplied) in County Kildare who was recently refused invalidity pension; and if he will make a statement on the matter. [20364/07]
597 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position in relation to the invalidity pension appeal in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20367/07]
I propose to take Questions Nos. 596 and 597 together.
The appeal of the person concerned was received by the independent Social Welfare Appeals Office on 24 August 2007.
In accordance with the statutory requirements the relevant departmental papers and the comments of my department on the matters raised in the appeal have been sought. On receipt of their response the case will be referred to an Appeals Officer for consideration.
Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
598 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent allowance will be restored to persons (details supplied) in County Kildare. [20378/07]
One of the qualifying conditions for rent supplement is that an applicant must have a housing need that they are unable to meet either from their own resources or, through accommodation available to them from another source, including local authority housing. The Executive has advised that it has refused a claim for rent supplement in this case as the housing needs of the persons concerned were being met by the local authority. The Executive's Appeals Office's has upheld the decision to refuse payment of rent supplement. This decision has been appealed to the Chief Appeals Office and it is understood that an oral hearing of their case will be held shortly.
599 Deputy Michael Ring asked the Minister for Social and Family Affairs if an appeal will be opened in relation to a person (details supplied) in County Mayo. [20496/07]
I am advised by the independent Social Welfare Appeals Office that an appeal for the person concerned was received on 15 September 2007 and, in accordance with the statutory requirements, the relevant Departmental papers and comments of my Department were sought. On receipt of this response the case will be referred to an Appeals Officer for early consideration. Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
600 Deputy Jack Wall asked the Minister for Social and Family Affairs the position regarding the appeal by a person (details supplied) in County Kildare against the decision to refuse their application for supplementary welfare allowance; and if he will make a statement on the matter. [20547/07]
The Health Service Executive has confirmed that the decision to refuse an exceptional needs payment under the supplementary welfare allowance scheme to the person concerned has been appealed to its designated appeals officer. It has advised that a decision on the matter will be made shortly.
602 Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an application for supplementary welfare allowance by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20583/07]
Under the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or health service executive payment.
The Health Service Executive has advised that the person concerned applied for and received assistance in respect of a number of different needs last month. Due to an oversight, one aspect of her application was overlooked. The Executive will make a decision shortly on that matter. The delay in dealing with that application for an exceptional needs payment by the person concerned is regretted.
603 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the rate of PRSI paid by taxi drivers; the reason social welfare benefits are restricted for people who are self-employed in this and similar professions; the measures he will introduce in order to increase the range of benefits which can be claimed under this category; and if he will make a statement on the matter. [20605/07]
Workers are insured under the Social Welfare Acts as either employed or self-employed contributors. Taxi drivers are categorised as self-employed contributors.
All workers, both employed and self-employed are obliged to pay PRSI contributions as a percentage of their personal reckonable income. These contributions provide entitlement to a range of contingency-based payments under various social insurance schemes — including pensions.
Self-employed workers — including taxi drivers — aged between 16 and 66 years and with reckonable income that exceeds the current insurable limit of €3,174 per annum pay PRSI contributions at Class S. The contributions are due at 3% of reckonable income, or €253, whichever is the greater.
PRSI Class S contributors are entitled to the following payments
Widow's or Widower's (Contributory) Pension;
Guardian's Payment (Contributory);
State Pension (Contributory);
Maternity Benefit;
Adoptive Benefit, and
Bereavement Grant.
The range of benefits to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work and this is in turn reflected in the rate of contributions that they pay. Self-employed persons pay PRSI Class S contributions at a rate of 3% and are eligible for a narrower range of benefits than employees who, together with their employers, are liable for a total contribution of 14.05% under PRSI Class A.
Self-employed workers are not insured against short-term benefits such as illness and jobseeker's payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions which self-employed persons pay, the practicalities of administering and controlling access to short-term payments and the annualised system of contributions that these same persons enjoy. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.
There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution. Class S contributors who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments by satisfying certain conditions including a means test.
604 Deputy Damien English asked the Minister for Social and Family Affairs the number of people in County Meath who were or are in receipt of a contributory pension and a non-contributory pension for each of the years 1997 to 2007 in tabular readable form. [20618/07]
The information required by the deputy is contained within the following tabular statement:
|
State Pension (Contributory) |
State Pension (Non-contributory) |
|
|
1997 |
1,577 |
2,324 |
|
1998 |
1,645 |
2,236 |
|
1999 |
1,840 |
2,213 |
|
2000 |
2,052 |
2,206 |
|
2001 |
2,250 |
2,223 |
|
2002 |
2,431 |
2,188 |
|
2003 |
2.583 |
2,182 |
|
2004 |
2,693 |
2,128 |
|
2005 |
2,880 |
2,091 |
|
2006 |
3,309 |
2,426 |
|
2007 |
5,688 |
2,419 |
605 Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the eligibility requirements for a claimant to be in receipt of deserted wifes benefit. [20628/07]
Eligibility for deserted wife's benefit was discontinued with effect from 2 January 1997 with the introduction, on that date, of the one parent family payment.
For claimants prior to 2 January 1997, deserted wife's benefit (DWB) was a payment made to a woman deserted by her husband. Entitlement was based on social insurance contributions paid by the wife or the husband. Wives who were in receipt of payment prior to this cut-off date retained their entitlement to payment.
In order to continue to qualify for a DWB a person must continue to satisfy the following conditions to retain entitlement to the payment. She must:
Have at least 1 qualifying child residing with her if she is under 40 years of age, or
Be over 40, if she has no qualified child and (for those who applied for DWB after 31 August 1992) have earnings not exceeding €20,000 per annum,
Be inadequately maintained by her husband,
Continue to make appropriate efforts to obtain financial maintenance from her husband,
Not have resumed living with her husband, and
Not be cohabiting with another person as husband and wife.
Prior to 31 August 1992, there was no earnings limit in place for DWB claimants. An earnings limit was introduced by the Social Welfare Act, 1992. For current DWB recipients who first claimed payment on or after 31 August 1992, an earnings limit of €20,000 applies.
Claimants with income under this amount are entitled to payment of DWB in full. Claimants whose annual income exceeds this threshold will retain entitlement to a half rate payment for a period of six months to ease the impact of losing entitlement to the payment.
606 Deputy James Bannon asked the Minister for Social and Family Affairs the reason mentally handicapped people who cannot work due to their disability are not eligible for a bereavement grant to offset funeral expenses; and if he will make a statement on the matter. [20667/07]
The Bereavement Grant is a payment designed to assist families in dealing with death and funeral expenses. It is a scheme that relates specifically to those who have made PRSI contributions and is payable on the death of an insured person, his/her spouse and dependent children under age 18 or under age 22 if in full-time education.
Where there are insufficient PRSI contributions to qualify for bereavement grant a person may receive assistance under the supplementary welfare allowance scheme. Under this arrangement, the HSE may make a single payment to help meet exceptional expenditure, for example, for funeral expenses, which a family could not reasonably be expected to meet out of their income.
607 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if he will review the decision of his Department not to backdate fuel allowance for a person (details supplied) in Dublin 11 in view of the fact that they had a long-standing entitlement to it but were unaware of this entitlement. [20747/07]
The aim of the national fuel scheme is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their additional heating needs during the winter season. The Fuel Allowance is paid for 29 weeks from end-September to mid-April.
The main eligibility conditions that apply to the Fuel Allowance scheme are:
customers must be in receipt of a qualifying payment,
must either be living alone or with a qualifying dependant,
must satisfy a means test.
Since January 2007, a person may have a combined household income of up to €100 per week over and above the maximum rate of state pension (contributory) or savings/investments of up to €58,000, and still qualify for Fuel Allowance.
The person concerned is in receipt of a State Pension (Contributory) at the maximum rate of €209.30 per week and a living alone allowance of €7.70 per week. He applied for the Fuel Allowance for the first time on 17 June 2007. He qualified for the allowance for the 2007/08 fuel season commencing on 28 September 2007.
With regard to backdating the Fuel Allowance, the customer concerned resides in a Local Authority complex with communal heating arrangements. Such customers could only qualify for a Fuel Allowance from the 2005/2005 fuel season if they satisfied the other conditions of the scheme. As the person concerned had an income which exceeded the means allowed to qualify for the fuel allowance in 2005 and 2006 he would not be entitled to a Fuel Allowance.
608 Deputy Paul Connaughton asked the Minister for Social and Family Affairs the position regarding an application for the back to school clothing and footwear allowance in the name of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20753/07]
The Back to School Clothing and Footwear Allowance (BSCFA) Scheme is administered on behalf of my Department by the Community Welfare division of the Health Service Executive (HSE). Applications for the allowance may be made between the beginning of June and the end of September each year. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels.
The Western Area of the Executive 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.
609 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the regulations signed by him or his predecessor in 2006 and 2007; and if in each case, they are available on his Department’s website. [20760/07]
In 2006, 32 Statutory Instruments were made pursuant to the Social Welfare Consolidation Act 2005, as amended. In addition, 13 Statutory Instruments were made pursuant to the Pensions Act 1990 as amended. To date in 2007, 18 Statutory Instruments were made pursuant to the Social Welfare Consolidation Act 2005, and amending legislation, and an additional 15 pursuant to the Pensions Act 1990. A list of all regulations made in 2006 and 2007 is attached.
While it was not technically feasible to do so in relation to the regulations made in 2006, all statutory instruments made by my Department in 2007 to date are available on the Department's website, www.welfare.ie, and also available on the Irish Statute Book website, www.irishstatutebook.ie. Following the introduction, in early 2007, of a new electronic statutory instruments system, all new regulations made are now available on these websites within a short time of being made.
In accordance with requirements under Section 3 of the Statutory Instruments Act, 1947 as amended, the making of all Statutory Instruments have been published in Iris Oifigiúil.
Regulations made (to date) in 2007 pursuant to the Social Welfare Consolidation Act 2005 as amended.
S.I. No. 43 of 2007: Social Welfare (Consolidated Payments Provisions (Amendment) (Jobseeker's Benefit) (Redundancy — Exemption From Disqualification) Regulations 2007
S.I. No. 44 of 2007: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement and Maximum Rents) Regulations 2007
S.I. No. 102 of 2007: Social Welfare (Consolidated Occupational Injuries) Regulations 2007
S.I. No. 128 of 2007: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007
S.I. No. 142 of 2007: Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007
S.I. No. 146 of 2007: Social Welfare and Pensions Act 2007 (Section 35) (Commencement) Order 2007
S.I. No. 148 of 2007: Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer's Income Disregard and Family Income Supplement) Regulations 2007
S.I. No. 176 of 2007: Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2007
S.I. No. 219 of 2007: Social Welfare and Pensions Act 2007 (Sections 5, 8, 22, 23 and 28) (Commencement) Order 2007
S.I. No. 221 of 2007: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Rent Supplement) Regulations 2007
S.I. No. 222 of 2007: Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007
S.I. No. 223 of 2007: Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Pre-Retirement Allowance) Regulations 2007
S.I. No. 256 of 2007: Social Welfare and Pensions Act 2007 (Sections 18, 20, 25(1), 35 and 36) (Commencement) Order 2007
S.I. No. 267 of 2007: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) Regulations 2007
S.I. No. 268 of 2007: Social Welfare and Pensions Act 2007 (Section 34) (Commencement) Order 2007
S.I. No. 298 of 2007: Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Modified Social Insurance) Regulations 2007
S.I. No. 412 of 2007: Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007
S.I. No. 536 of 2007: Social Welfare (Consolidated Claims, Payments and Control) (Amendments No.4) (Bereavement Grand and Payments after Death) Regulations 2007
Regulations made (to date) in 2007 pursuant to the Pensions Act 1990 as amended.
S.I. No. 30 of 2007: Occupational Pension Schemes (Revaluation) Regulations 2007
S.I. No. 91 of 2007: Personal Retirement Savings Accounts (Disclosure) (Amendment) Regulations 2007
S.I. No. 136 of 2007: Social Welfare Law Reform And Pensions Act 2006 (Section 42) (Commencement) Order 2007
S.I. No. 137 of 2007: Occupational Pension Schemes (Review of Actuarial Work) Regulations 2007
S.I. No. 181 of 2007 Social Welfare And Pensions Act 2007 (Section 37) (Commencement) Order 2007
S.I. No. 182 of 2007: Trust Racs (Disclosure of Information) Regulations 2007
S.I. No. 183 of 2007: Pensions Ombudsman Regulations 2007
S.I. No. 184 of 2007: Trust Racs (Cross-Border) Regulations 2007
S.I. No. 185 of 2007: Trust Racs (Investment) Regulations 2007
S.I. No. 186 of 2007: Trust Racs (Trustee) Regulations 2007
S.I. No. 187 of 2007: Trust Racs (Registration) Regulations 2007
S.I. No. 188 of 2007: Occupational Pension Schemes (Investment) (Amendment) Regulations 2007
S.I. No. 631 of 2007: Social Welfare Law Reform And Pensions Act 2006 (Section 39) (Commencement) Order 2007
S.I. No. 632 of 2007: Social Welfare And Pensions Act 2007 (Section 37) (Commencement) (No.2) Order 2007
S.I. No. 633 of 2007: Pension Act (Notice of Alleged Offence) Regulations 2007
Regulations Made In 2006 Pursuant To The Social Welfare Consolidation Act 2005 As Amended.
S.I. No. 119 of 2006: Social Welfare Act 2005 (Sections 7 And 8) (Commencement) Order 2006
S.I. No. 120 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment)(Benefit And Privilege) Regulations 2006
S.I. No. 145 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006
S.I. No. 146 of 2006: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Diet Supplement) Regulations 2006
S.I. No. 147 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Early Child Care Supplement) Regulations 2006
S.I. No. 199 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Island Allowance) Regulations 2006
S.I. No. 200 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Assessment of Maintenance) Regulations 2006
S.I. No. 201 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Treatment Benefit) Regulations 2006
S.I. No. 202 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity And Adoptive Benefit) Regulations 2006
S.I. No. 203 of 2006: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Training Course Disregard, Benefit And Privilege) Regulations 2006
S.I. No. 204 of 2006: Social Welfare (Consolidated Contributions And Insurability) (Amendment) (No. 1) (Refunds) Regulations 2006
S.I. No. 205 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Sections 5 And 6) (Commencement) Order 2006
S.I. No. 206 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Sections 26 And 27) (Commencement) Order 2006
S.I. No. 218 of 2006: Social Welfare (Consolidated Contributions And Insurability) (Amendment) (Chargeable Excess) Regulations 2006
S.I. No. 219 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Qualified Adults And Earnings From Rehabilitative Employment) Regulations 2006
S.I. No. 246 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Sections 4(4), 4(5), 31 And 33) (Commencement) Order 2006
S.I. No. 288 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment)(No. 8) (Carers And Homemakers) Regulations 2006
S.I. No. 334 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Sections 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 And 25) (Commencement) Order 2006
S.I. No. 486 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (One-Parent Family Payment) (Assessment of Earnings) Regulations 2006
S.I. No. 487 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Treatment Benefit) Regulations 2006
S.I. No. 497 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006
S.I. No. 519 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (State And Widow(er)'s Pension (Non-Contributory) Earnings Disregard) Regulations 2006
S.I. No. 571 of 2006: Social Welfare (Consolidated Claims And Payments) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006
S.I. No. 572 of 2006: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2006
S.I. No. 580 of 2006: Social Welfare (Temporary Provisions) Regulations 2006
S.I. No. 681 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 16) (Early Child Care Supplement) Regulations 2006
S.I. No. 692 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase In Rates) Regulations 2006
S.I. No. 693 of 2006: Social Welfare (Rent Allowance) (Amendment) Regulations 2006
S.I. No. 694 of 2006: Social Welfare (Occupational Injuries) (Amendment) Regulations 2006
S.I. No. 695 of 2006: Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2006
S.I. No. 696 of 2006: Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence From State And Imprisonment) Regulations 2006
S.I. No. 697 of 2006: Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Rent Supplement Means Disregard) Regulations 2006
Regulations made in 2006 pursuant to the Pensions Act 1990 as amended.
S.I. 70 of 2006: Occupational Pension Schemes (Revaluation) Regulations, 2006
S.I. 169 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Section 39 (In So Far As It Inserts Section 3b Into The Pensions Act 1990)) (Commencement) Order, 2006
S.I. 291 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Part 3) (Commencement) Order, 2006
S.I. 292 of 2006: Occupational Pension Schemes (Cross-Border) Regulations 2006Si 293 of 2006: Occupational Pension Schemes (Trustee) Regulations 2006
S.I. 294 of 2006: Occupational Pension Schemes (Investment) Regulations, 2006Si 295 of 2006: Occupational Pension Schemes (Funding Standard) (Amendment) Regulations, 2006
S.I. 301 of 2006: Occupational Pension Schemes (Disclosure of Information) Regulations, 2006
S.I. 302 of 2006: Pension Ombudsman Regulations, 2006
S.I. 357 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Item 6 of Schedule 8) (Commencement) Order, 2006
S.I. 437 of 2006: Social Welfare Law Reform And Pensions Act 2006 (Section 40) (Commencement) Order, 2006
S.I. 567 of 2006: Personal Retirement Savings Accounts (Disclosure) (Amendment) Regulations, 2006
S.I. 582 of 2006: Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations, 2006
611 Deputy Denis Naughten asked the Minister for Social and Family Affairs his plans to allow persons to continue to work and pay PRSI pension contributions beyond pension age to gain eligibility for an old age contributory pension; and if he will make a statement on the matter. [20897/07]
The State Pension (Contributory) is a social insurance payment made to both employed and self-employed persons aged 66 or over who started paying social insurance contributions before reaching age 56. The standard qualifying conditions for contributory pensions require a person to enter insurance 10 years prior to pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time that they enter insurance until they reach pension age. These conditions are designed to ensure that those qualifying for pensions have had an adequate and sustained commitment to the social insurance system as well as to uphold the contributory principle that underpins the qualifying conditions for all social insurance payments.
There is no legal basis on which to accept contributions — retrospective or otherwise — apart from where a worker has a liability that is set out in legislation. Any such practice would be outside the scope of the legislative provisions that are currently in force.
People of working age who are no longer liable for PRSI contributions may opt to protect their pension entitlements by applying to become a voluntary contributor. In order to be admitted to the voluntary contributions scheme, a person must have a minimum of 260 weeks of PRSI paid in either employment or self-employment and apply within 12 months of being insurable.
The requirement to have 260 paid contributions to gain access to the scheme is essential in that it ensures that the requisite number of paid contributions required is in place to establish a contributory pension entitlement.
It is important that those who wish to continue in employment after the normal retirement age should, as far as possible, be facilitated and supported. Longer working lives can prove to be beneficial to the individual and, more significantly, can play an important role in ensuring that our pensions system is sustainable in the future.
The National Pensions Review — published in January, 2006 — includes recommendations from the Pensions Board aimed at encouraging people to continue working after the normal retirement age. The measures suggested involve allowing people to defer the receipt of their social welfare pension at the normal retirement age and granting them an actuarially-enhanced payment when they claim. The Pensions Board also considered that, if this was combined with allowing those with less than full entitlements to count contributions made after age 65 or The National Pensions Review — published in January, 2006 — includes recommendations from the Pensions Board aimed at encouraging people to continue working after the normal retirement age. The measures suggested involve allowing people to defer the receipt of their social welfare pension at the normal retirement age and granting them an actuarially-enhanced payment when they claim. The Pensions Board also considered that, if this was combined with allowing those with less than full entitlements to count contributions made after age 65 or 66 in order to improve their contribution record, this would complete the incentives for longer working within the social welfare pensions system.
It should also be noted that the Government is currently committed, as part of the ‘Towards 2016' social partnership agreement, to develop a Green Paper on all aspects of the pensions system — including social welfare pensions. It is expected that the Green Paper will be published shortly. A consultation process will then take place and the Government will respond to this by publishing a framework for future pensions policy.
612 Deputy John Curran asked the Minister for Social and Family Affairs his views on making changes to the back to school clothing and footwear allowance scheme whereby families who might meet the income guidelines but are not in receipt of a social welfare payment would be eligible from this scheme. [20940/07]
The back to school clothing and footwear allowance scheme (BSCFA) operates from the beginning of June to the end of September each year and is administered on behalf of my Department by the Community Welfare division of the Health Service Executive. Applications for the allowance may be made between the beginning of June and the end of September each year.
A person may qualify for payment of an allowance if they are in receipt of a social welfare payment or Health Service Executive payment, are participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels. The scheme is specifically targeted at people on social welfare or Health Service Executive payments as they are most in need of support.
Persons on low incomes who are in receipt of family income supplement may be also eligible for BSCFA if they satisfy the means test and the other standard conditions. A person who satisfies the income test for BSCFA will also satisfy the income test for Family Income Supplement. A person in these circumstances whose income derives from employment and who is not in receipt of a social welfare payment may qualify for BSCFA once they claim family income supplement. If their income is such that they qualify for BSCFA, they will qualify for both family income supplement and BSCFA.
I expect some 82,000 households with over 174,000 children to benefit under the scheme this year at an estimated cost of some €38.1m. This is an increase on the 2006 figures when 80,000 families with just over 161,400 children benefited at a cost of €23.5m.
614 Deputy Michael Ring asked the Minister for Social and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Galway to finalise their carer’s allowance appeal. [21071/07]
I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
615 Deputy David Stanton asked the Minister for Social and Family Affairs his plans to extend maternity leave for mothers of premature babies who are hospitalised after birth; and if he will make a statement on the matter. [21117/07]
Maternity Benefit is an income maintenance payment awarded by this Department to eligible women for a twenty-six-week period on foot of a confinement. Entitlement to this benefit for employees is contingent on entitlement to statutory Maternity Leave.
The right to Maternity Leave is established under the Maternity Protection Act, 1994 — legislation for which is the responsibility of my colleague the Minister for Justice, Equality and Law Reform. Any changes to current Maternity Leave provisions are a matter for him to consider in the first instance — and entitlement to Maternity Benefit would normally follow suit.
Under the provisions of social welfare legislation, the 26-week period of core statutory Maternity Leave attracts a payment from my Department — subject to certain social insurance contribution conditions being fulfilled. Maternity Leave legislation also provides an option for a woman to take an additional sixteen-week period of Maternity Leave that does not attract a benefit payment.
Some employment contracts allow for additional periods of leave to be taken or for an additional top-up payment to be made above the normal entitlement to Maternity Benefit. These arrangements are discretionary private contractual arrangements agreed between the employer and the female workers and, as such, are outside the realm of social welfare legislation.
With regards to the potential expansion of maternity leave and benefit arrangements, the scheme has experienced significant improvements, notably in the last few years, in terms of both the duration of the payment and the level at which it is paid. In 2000, the rate payable was the euro equivalent of €219.41 per week over 14 weeks — or €3,071 for the duration. Maternity Benefit is now paid at a weekly rate of €280 over 26 weeks — or €7,280 for the duration. This represents an increase of some 90% over a period during which average industrial earnings increased by just 67% per cent.
In line with the Maternity Leave (Amendment) Act, 2004, further changes have been made to the Maternity Benefit scheme. The period of leave that must be taken before the end of the week during which the baby is due has been reduced from 4 to 2 weeks. Also, the final 4 weeks of Maternity Benefit can now be postponed in the event of a child being hospitalised.
621 Deputy John Deasy asked the Minister for Social and Family Affairs the steps he has taken to meet with the his colleague the Minister for Enterprise, Trade and Employment to discuss the figures released by the Central Statistics Office which showed Waterford City as one of the unemployment black spots in the country; and if he will make a statement on the matter. [21145/07]
I am in regular contact with my colleague Michéal Martin T.D. Minister for Enterprise, Trade and Employment regarding employment opportunities for both Waterford City and County. My Department participates in tri-partite meetings regularly with FÁS and the Department of Enterprise Trade and Employment on a National level to discuss Live Register management related issues and to develop systems to support the unemployed. In the Waterford Region officials from my Department are actively engaged with the County and City Development Boards and associated sub-committees around issues of unemployment and social inclusion. In addition, officials in Waterford meet regularly with local FÁS officials.
One of the key interventions in supporting the unemployed is the National Employment Action Plan (NEAP) under which persons aged 18 and under 64 years who are approaching three months on the Live Register are identified by the my department and referred to FÁS for interview with a view to job placement or an offer of training. For those customers who are not regarded as ready for progression to work or training, a High Support Process is available.
The objective of this process, which is provided by FÁS Employment Services Officers and Local Employment Service Mediators to identify the intervention most appropriate to the needs of the customer. This support is arranged in consultation with my Department, the Department of Health and Children, and the Department of Education and Science.
I consider that the National Employment Action Plan has played and will continue to play an important role in assisting unemployed persons enter or return to the labour force.
My Department offers a range of services to facilitate and encourage customers to avail of training and further education. This includes the Back to Education Scheme where customers are actively encouraged to continue their education while continuing to receive payment. Customers can avail of short courses as well as more formal courses in second and third level education.
In addition, my Department through its Employment Support Service provides funding for special projects run by third parties to assist unemployed and other welfare recipients, as well as members of their families, to improve their employability through education, training and personal development. The Department sees the fund as a means of supporting innovative responses to increasing employability and tackling social inclusion.
Since 1 January, 2007 nine projects have been funded in the Waterford area, expenditure totalling €203, 577. The fund is operated in a manner that enables a quick response to any needs identified.
622 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs the efforts being made by his Department to clean up and maintain the Grand Canal and its banks; and if he will make a statement on the matter. [19945/07]
I wish to advise the Deputy that the responsibility for the maintenance of the Grand Canal lies with Waterways Ireland, a North/South Body, established under the British-Irish Agreement Act 1999, and co-sponsored by my Department and the Department of Culture, Arts and Leisure in the North.
Maintenance and cleaning of the canal network is an operational matter for Waterways Ireland. Its staff carries out day-to-day maintenance, operation and cleaning duties including weed control (cutting and spraying), dredging, grass cutting, hedge cutting, towpath/bank maintenance and litter collection. The litter removal and grass cutting work is generally undertaken on a continuous basis with each section of canal being attended to on a rotating basis.
623 Deputy Charles Flanagan asked the Minister for Community, Rural and Gaeltacht Affairs the provisions in place to deal with the growth of heroin and cocaine abuse in the midlands region; and the further action to be taken in the coming six months to counter this increasingly urgent problem. [19741/07]
The Deputy will appreciate that primary responsibility for drug treatment rests with my colleague, Mary Harney T.D., Minister for Health and Children.
However, I understand that the Health Service Executive (HSE) provides addiction services in 9 locations in the Midlands region. The range of services provided includes methadone maintenance, counselling, education/ awareness programmes and referral services to community, mental health and hospital services. The HSE also provides intervention programmes for the families of substance misusers.
As of July this year, 8,474 people were in receipt of methadone treatment nationally and 136 of those were being treated in the Midlands Region. I understand that there were 64 people on the waiting list for treatment in the Midlands — 43 in Athlone and 21 in Portlaoise. The HSE is working to address this waiting list, particularly by trying to encourage GPs into the methadone treatment programme.
Meanwhile, the on-going implementation of the Action Plan of the Midland Regional Drugs Task Force will result in an increase in initiatives that will complement the mainstream addiction services. Over €1.6m per annum is being provided from my Department to support the full implementation of the Plan. It is also open to the Task Force to apply for capital funding under the Premises Initiative funded by my Department.
Further midlands towns may also benefit from the commitment in the Programme for Government to extend the Young Peoples Facilities and Services Fund to further towns mainly in Leinster. This issue is currently being considered by my Department.
I am confident that the initiatives taken, and those planned, will address the drugs problem in the Midlands Region in the coming period.
624 Deputy Charlie O’Connor asked the Minister for Community, Rural and Gaeltacht Affairs the achievements to date of the National Drugs Strategy; the priorities for tackling drug abuse over the next five years; the resources being put in place to provide for these; and if he will make a statement on the matter. [19755/07]
The National Drugs Strategy 2001-2008 has achieved considerable success across a range of different areas and will continue to do so in its remaining fifteen months of operation.
In particular, the Deputy should note that:
The level of drugs seizures by the Gardaí and the Customs Service have been well in excess of the targets set out in the Strategy and they include a number of significant operations;
Under the prevention pillar, the SPHE and Walk Tall programmes have been rolled out to all schools; awareness campaigns have been organised and tremendous achievements have been made under the Young Peoples Facilities and Services Fund (YPFSF);
Treatment facilities have increased significantly, with approximately 8,500 in receipt of methadone in July, and a range of services are being provided across the statutory, voluntary and community sectors for various types of problem drug use; and
Research in areas such as drugs prevalence, the outcome of heroin treatment, families and drugs, the effect of drugs on communities and cocaine issues have all helped to inform our progress.
The specific achievements of my own Department under the Strategy include the establishment of the Drugs Task Force network across the country, at both local and regional levels. In all, over 440 community-based projects have been established through the Local Drugs Task Forces (LDTFs), employing more than 300 people. Each Regional Drugs Task Force has prepared a strategic plan to address gaps in service provision in their regions and these are now being progressed.
I referred above to the valuable work being done through the YPFSF. I was delighted, therefore, to announce earlier this week an additional capital allocation of nearly €7m to support 42 projects under this Fund. To date, allocations of just over €125m have been made to almost 500 facility & services projects in LDTF areas and in Galway, Limerick, Waterford and Carlow.
Priorities in tackling drug abuse over the next five years will include those set out in the Programme for Government, increased availability of treatment for cocaine users, implementation of the recommendations of the Report of the Working Group on Drugs Rehabilitation, further development of the Drugs Task Forces and the continuation and expansion of the YPFSF. Another key priority is the development of a new National Drugs Strategy from 2009 onwards and this will be developed in collaboration with a wide range of relevant stakeholders over the coming year.
Tackling the problem of drugs misuse is a key priority for Government and will continue to be so. This commitment is evidenced by the ongoing increased funding in my Department's Vote. The allocation of €50m this year represented an increase of 16% on the 2006 figure and was an increase of 87% over the corresponding figure for 2004.
I am, or course, determined to ensure that adequate resources will again be provided in the coming years so as to maintain the progress that is been made in tackling the drug problem in Ireland.
625 Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be granted to an organisation (details supplied) in Dublin 7 under the scheme to support the role of national organisations in the community and voluntary sector; and if he will make a statement on the matter. [19919/07]
626 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs when he will announce the successful applicants under the new funding scheme to support national organisations in the community and voluntary sector; if an association (details supplied) has been successful in its application; and if he will make a statement on the matter. [19946/07]
I propose to take Questions Nos. 625 and 626 together.
A Funding Scheme to Support National Organisations in the Community and Voluntary Sector was advertised in May, 2007 with a closing date of 22nd June, 2007 for receipt of applications. A large number of applications were received under this Scheme. Assessment of these applications is currently underway, with a view to having new funding arrangements in place before the cessation of the current funding at the end of November this year.
All applicants will be contacted once this assessment process is finalised.
627 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs when a road (details supplied) in County Mayo will be tarred as had been promised. [20042/07]
The application referred to by the Deputy relates to Scéim na mBóithre Áise, under which some 450 applications are on hand at present in the Mayo Gaeltacht. Following examination of the case on a number of occasions up to and including August 2007, it transpires that there are issues surrounding compliance with the general criteria of the scheme. The case is accordingly under review. If the application is deemed compliant in the future, however, it will be included for consideration in the next programme of works under Scéim na mBóithre Áise in the context of overall funding available.
628 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the reason it is planned to redraw the KWCD Partnership area in Dublin 12, to include Terenure and to move parts of Walkinstown away from its community to the Tallaght partnership area; and if he will make a statement on the matter. [20219/07]
Arising from the joint Ministerial initiative on the review of local and community development structures, the Government agreed a series of measures in January 2004 designed to improve arrangements under which community and local development initiatives are delivered and improve cohesion and focus across various measures. I have led the cohesion process, which is informed by the following guiding principles:
Improving on the ground services
Streamlining structures so as to avoid overlaps, duplication and undue administrative overheads
Bringing transparency, co-ordination and improved control to the funding and operation of local and community development measures;
Strengthening the democratic accountability of agencies and service providers in this area.
Informed by proposals developed by Partnership and LEADER companies on the ground, the Government in July confirmed the arrangements that will ensure full coverage of the State by the local service providers and agencies that operate local development programmes on behalf of the Department. In relation to the South Dublin area, the redrawing of boundaries referred to by the Deputy has been agreed on foot of proposals brought forward by the South Dublin County Steering Group, which includes both the KWCD and Tallaght partnerships, to eliminate gaps and overlaps in areas of coverage while aligning the areas of operation of the partnerships with local authority boundaries.
629 Deputy Emmet Stagg asked the Minister for Community, Rural and Gaeltacht Affairs the proposed rules for the appointment of the chief executive officers to the new integrating structures presently being set up to deliver social inclusion and rural development programmes; if he will ensure that the process is not restricted in any way to existing positions; and if he will make a statement on the matter. [20402/07]
Arising from the joint Ministerial initiative on the review of local and community development structures, the Government agreed a series of measures in January 2004 designed to improve arrangements under which community and local development initiatives are delivered and improve cohesion and focus across various measures. I have led the cohesion process, which is informed by the following guiding principles:
Improving on the ground services
Streamlining structures so as to avoid overlaps, duplication and undue administrative overheads
Bringing transparency, co-ordination and improved control to the funding and operation of local and community development measures;
Strengthening the democratic accountability of agencies and service providers in this area.
Informed by proposals developed by Partnership and LEADER companies on the ground, the Government in July confirmed the arrangements that will ensure full coverage of the State by the local service providers and agencies that operate local development programmes on behalf of the Department. In order to give effect to the new arrangements, LEADER and Partnership groups in 27 areas of the country have been asked to form new companies by the end of October. The intention is that the LEADER and Partnership companies will transfer into the new legal entities when they are established.
The European Communities (Protection of Employees on Transfer of Undertakings Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer or merger. Subject to the application of these rules, the appointment of the chief executive officer will be a matter for the board of the new legal entity when established.
630 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be provided to a Gaeltacht road (details supplied) in County Mayo, in view of the fact that the application was submitted six to seven years ago. [20476/07]
The application referred to by the Deputy relates to Scéim na mBóithre Áise, under which some 450 applications are on hand at present in the Mayo Gaeltacht. In that context, following examination of the application in question on a number of occasions, the road was given a low priority rating. I can assure the Deputy, however, that the application will be kept under review during the next programme of works under Scéim na mBóithre Áise.
631 Deputy Damien English asked the Minister for Community, Rural and Gaeltacht Affairs if his Department will provide funding to a group (details supplied) in County Meath to employ a dedicated driver and an assistant or helper for their community bus that was part funded by a National Lottery grant; and if he will make a statement on the matter. [20500/07]
Rural transport projects may be undertaken under the Rural Social Scheme provided that they are community based, that they do not compete with the existing Rural Transport Programme (administered by the Department of Transport) and that all other conditions are fulfilled. In this context, community groups may submit work projects, that are compatible with the objectives of the Scheme, to their local LEADER group who implement the Scheme on the Department's behalf. In County Meath, the Meath Community Partnership Company Ltd administers the Scheme.
The group in question should also note that it is expected that the Community Services Programme, also operated by my Department, will be making a call for applications at the end of this year and it would be open to them to submit an application at that time.
Finallly, the Deputy should note that under the Evening Rural Transport Scheme operated by my Department, seven rural transport projects are being supported throughout the country. Services under the Scheme commenced on a gradual basis throughout the summer and service numbers and passenger numbers are expected to increase throughout the Autumn. This Scheme is additional to the existing Rural Transport Programme.
632 Deputy James Bannon asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the application by a centre (details supplied) in County Longford for funding under the dormant accounts flagship projects to build new premises, as the building they occupied has been sold for development; and if he will make a statement on the matter. [20664/07]
633 Deputy James Bannon asked the Minister for Community, Rural and Gaeltacht Affairs the reason a centre (details supplied) in County Longford have been refused funding under the dormant accounts flagship measure in view of the fact they appear to meet all the criteria for funding; and if he will make a statement on the matter. [20668/07]
I propose to take Questions Nos. 632 and 633 together.
The Centre in question applied for funding under the Dormant Accounts Flagship funding measure. Pobal carried out the initial assessment of all applications on behalf of my Department and found that the application from the group in question did not score sufficiently against the criteria approved by Government and consequently did not warrant a funding recommendation. The applicant was notified accordingly on 4 July 2007.
In line with dormant accounts procedures, unsuccessful applicants are afforded an opportunity to have their applications reviewed on request. The Centre in question requested a review of the decision in this instance on 2 August 2007, which is currently ongoing. The applicant will be notified of the outcome as soon as the process is completed.
634 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if funding has been provided for a road (details supplied) in County Mayo. [20706/07]
The application referred to by the Deputy relates to Scéim na mBóithre Áise, under which some 450 applications are on hand at present in the Mayo Gaeltacht. Following examination of the application in question during 2006, the road has been given a priority rating and will be included for consideration during the next programme of works under Scéim na mBóithre Áise in the context of overall funding available.
635 Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the steps he will take following the publication by the expert group on the possibility of introducing freedom to roam legislation; his views on the conclusions of the report and the necessity for a secure and clear legal framework to be enacted by way of legislation in order to facilitate access to the countryside; and if he will make a statement on the matter. [20822/07]
To ensure that the legal issues raised by Comhairle na Tuaithe, in its report on the National Countryside Recreation Strategy, were addressed as a matter of priority, I established an Expert Group earlier this year. I asked the Group to report to me by 30th April.
Due to the short timeframe available, the Group was requested to initially consider issues in three broad areas:
1.Indemnity and addressing the Insurance issue;
2.Constitutional Issues on right to roam law and would farmers have to be compensated and a preliminary view as to whether the right to roam could confer wider access rights; and
3.Bare Licence and whether Bare license should be put on a formal statutory basis.I received their report in early May and members of Comhairle na Tuaithe were given until the end of August to put forward their comments/ observations. The comments received are now being examined by my Department.
As the Deputy will appreciate, the Report is an objective legal opinion or legal advice. It is a report of legal experts, but every legal opinion is subject to what a court would decide. It is very useful in that regard, but it is not a policy proposal. Rather, it sets out what the legal possibilities are and informs our options for the future.
It appears that there are two ways to address the issue of countryside recreation — firstly through legislation or secondly, through community agreement.
I have always made clear my view that an agreed community approach offers a "win-win" situation for everyone with an interest in countryside recreation. Everyone in Comhairle na Tuaithe seems to be in agreement on the need for the protection of landholders and the need for reasonable access. There is a huge consensus within Comhairle on preparing a scheme for the development and maintenance of agreed walks and work on the framework of this scheme is currently on-going in my Department, in full consultation with Comhairle members.
In addition to the work of the Expert Group and arising from my consideration of the National Countryside Recreation Strategy, I have also taken a number of other initiatives. These include putting in place a system of rural recreation officers to act as facilitators for farmers, landholders and walkers alike on agreed walking routes and developing and marketing additional agreed looped walks, in conjunction with Fáilte Ireland, local communities and other stakeholders.
I wish to assure the Deputy that I will continue to recognise the commitment of Comhairle na Tuaithe's members to developing countryside recreation and it is my clear intention to continue working with them to find the best way forward.
636 Deputy Paul Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs when a decision will be made on dormant account funding for VEC youth clubs; and if he will make a statement on the matter. [20827/07]
Among the priority measures approved by Government for assistance from dormant accounts in 2007 is one providing up to €2 million for small-scale equipment grants for youth groups. This repeats the 2006 funding measure, administered through the VECs, which supported almost 1,450 youth clubs and groups throughout the country.
The Department of Education and Science is the lead department in respect of this measure and they advise that the operational arrangements in respect of 2007 are currently being finalised. The Department of Education and Science anticipates that VECs will be requested to invite applications from eligible youth clubs and groups in early November.
637 Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the reason local authorities in CLÁR areas have not been provided with funding for local improvement schemes from the CLÁR budget for 2007; the locations where the funding was diverted to; and if he will make a statement on the matter. [20886/07]
638 Deputy Seymour Crawford asked the Minister for Community, Rural and Gaeltacht Affairs the amount of funding paid from the CLÁR section to county councils for LIS schemes in 2006 on a county basis; the amount he will make available in 2007; if he is making such a payment, when it will be available to county council structures; and if he will make a statement on the matter. [21112/07]
I propose to take Questions Nos. 637 and 638 together.
Due to the significant increase in assistance for Local Improvement Scheme Roads (L.I.S.) from the Department of Environment, Heritage and Local Government in the past number of years (approx €11m in 2002 & 2003, €12.1m in 2004, €12.5m in 2005, €25m in 2006 and €30m in 2007), my Department has decided to place a greater emphasis on funding water and sewerage schemes during 2007 under the CLÁR Programme. In this context, the Deputies should note that approvals under these schemes increased from €3.7m in 2005 to €6.9m in 2006 and to €7.4m in 2007 to date.
However, subject to funding being available, I hope to run an LIS roads measure in the autumn of 2007. In this regard, my Department has written to each Local Authority requesting information on various measures and L.I.S. roads, in particular. A final decision in regard to the measure will be made once the required information has been returned. Details of LIS roads approvals and payments made in 2006 are set out in the following table.
|
County |
Approved CLÁR Funding 2006 |
LIS roads Approved in 2005 and Paid in 2006 |
LIS RoadsApproved and Paid in 2006 |
LIS Approved in 2006 and Paid in 2007 |
|
€ |
€ |
€ |
€ |
|
|
Carlow |
29,618.00 |
0 |
29,618.00 |
|
|
Cavan |
585,086.31 |
573,889.27 |
||
|
Clare |
604,760.15 |
604,760.15 |
||
|
Cork |
653,013.00 |
299,752 |
610,003.00 |
|
|
Donegal |
1,033,058.18 |
922,665.43 |
||
|
Galway |
454,175.00 |
377,514.07 |
||
|
Kerry |
810,499.61 |
810,499.61 |
||
|
Kilkenny |
102,809.00 |
0 |
95,436.00 |
|
|
Laois |
160,229.25 |
159,700.83 |
||
|
Leitrim |
607,200.54 |
784,887.06 |
607,200.54 |
|
|
Limerick |
176,208.26 |
171,855.51 |
||
|
Longford |
253,771.63 |
241,462.08 |
||
|
Louth |
1,930.79 |
1,931.79 |
||
|
Mayo |
1,184,532.00 |
691,210.00 |
850,000.00 |
334,532.00 |
|
Monaghan |
578,228.50 |
578,228.50 |
||
|
Offaly |
72,250.00 |
72,250.00 |
||
|
Roscommon |
209,084.00 |
209,084.38 |
||
|
Sligo |
364,805.31 |
364,178.24 |
||
|
Tipp North |
72,808.20 |
72,808.20 |
||
|
Tipp South |
41,004.00 |
37,962.00 |
||
|
Waterford |
17,661.00 |
16,954.00 |
||
|
Westmeath |
11,892.00 |
11,892.00 |
||
|
Total |
8,024,624.73 |
1,775,849.06 |
7,294,839.60 |
459,586.00 |
639 Deputy Seymour Crawford asked the Minister for Community, Rural and Gaeltacht Affairs when he expects the money to be made available from the new EU Rural Structures Fund; the way he proposes that this will be paid out or made available; and if he will make a statement on the matter. [21113/07]
The new Rural Development Programme for Ireland was approved on July 24th last. The new Programme will see over €425m in funding for Axis 3 (improving the quality of life in rural areas and encouraging diversification of economic activity) and Axis 4 (LEADER) of the Programme delivered through a number of area-based Local Action Groups.
Prospective Local Action Groups will shortly be asked to submit their business plans which will be evaluated by independent assessors. It is hoped to start the delivery of the Programme, at a local level, in Spring 2008.
640 Deputy Brendan Howlin asked the Minister for Agriculture, Fisheries and Food if, in relation to a person (details supplied) in County Wexford whose previous fishing licence allowed scallop fishing, special authorisation was provided to indicate the reason the new licence issued recently excludes scallop fishing; if this decision will be reviewed to allow for scallop fishing; and if she will make a statement on the matter. [19710/07]
All fishing boat licences issued by the Registrar General of Fishing Boats since 31st January 2006, are issued under the Ministerial direction of the Sea Fishing Boat Licensing Policy — Policy Directive 1/2006.
This policy directive clearly states that in relation to the ring-fencing of the scallop fleet within the specific segment and the polyvalent segment of the fleet. "The ring-fenced scallop fleet will comprise of vessels that have carried out a scallop targeted fishing activity for at least 50 days at sea in the two and a half years to 30 June 2005".
The individual concerned has not met the conditions set out for the ring-fencing of the scallop fleet within the specific segment. The individual concerned has raised the issue of his scallop entitlement and has requested the Department to review his vessel's eligibility. The completion of this review has been delayed pending the determination in relation to an appeal for the decommissioning of the vessel.
The licence issued to the individual on the 9/6/2006 for the period 01/07/06-30/06/07 was issued under Policy Directive 1/2006, and though not specifically mentioning the preclusion, issued on that basis. The most recent licence issued to the individual on 20/07/07 for the period 01/07/07-30/04/08 was also issued under Policy Directive 1/2006, did specifically mention the preclusion for clarification purposes.
641 Deputy Brendan Howlin asked the Minister for Agriculture, Fisheries and Food when the appeal in relation to the refusal of an application under the decommissioning scheme will be heard in relation to a person (details supplied) in County Wexford; and if she will make a statement on the matter. [19711/07]
The appeal in question has been heard and notification has been sent to the applicant. The Department is considering the outcome with regard to issues arising, including from a legal perspective and will notify the applicant of any implications as early as possible.
642 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will be awarded the single farm entitlements due to them from 2006; and if she will make a statement on the matter. [19712/07]
The position is that the person named applied to transfer single payment entitlements by sale on 5th May 2006. During processing of the Transfer application it was found that the entitlements concerned were not yet registered in the name of the person named. It was necessary for the person named to apply to have the entitlements in question transferred to him by inheritance and that application was not received until 17th March 2007. Following examination of this application an official of my Department made direct contact with the person named requesting further information and clarification on aspects of both applications. The requested information was received and both applications were fully processed.
The person named was paid in respect of a portion of the inherited entitlements on the 27th July 2007, while the remaining entitlements were transferred by sale to another farmer.
643 Deputy Charles Flanagan asked the Minister for Agriculture, Fisheries and Food the action she proposes to take to restrict the importation of fresh South American beef into Ireland; and if she will make a statement on the matter. [19740/07]
Conditions for trade in animal products with third countries follow the principles established under agreements of World Trade Organisation and the International Organisation for Animal Health. The European Commission is mandated to negotiate these on behalf of the European Community and, through its Food and Veterinary Office (FVO), to monitor their compliance in third countries it has approved for trade with the EU. This approval is on the basis that the Commission adjudges the third country's controls offer an equivalent level of guarantee for the protection animal and human health to those being operated in the Community. Where there are risks to the public or animal health in the Community from disease outbreaks occurring in approved third countries Safeguard Measures are invoked restricting or banning imports from the affected country or region until the risk has been eliminated. The following South American countries, or regions of these countries, are currently approved to export fresh beef into the EU: Argentina, Brazil, Chile, Colombia, Paraguay and Uruguay.
In 2005 Safeguard Measures were introduced following outbreaks of foot and mouth disease in Brazil restricting imports to non-affected regions. The FVO has undertaken a number of missions to monitor these foot and mouth controls as well as those on residues, traceability and on public health that are applied in particular to animal products destined for export the EU. While these reports, published on the Commission's website refer to certain shortcomings the Commission has to date not adjudged these to be of risk in relation to the import of meat into the EU. http://ec.europa.eu/food/fvo/irsearchen.cfm.
I have consistently pointed out at EU level that produce imported from third countries must meet standards equivalent to those required of Community producers. As the Deputy knows Irish farmers are required to ensure that their production systems and farm practices fully comply with a wide range of EU Directives on such matters as traceability, animal health and welfare and consumer protection. I am firmly of the view that our farmers who respect and produce to the highest standards deserve fair play in the market place. In this context I have been in regular contact EU Commissioner for Health Mr. Markos Kyprianou. The Commissioner has assured me that the Commission will not hesitate to take the appropriate protection measures if a product, imported from a third country or produced in the domestic market represents a risk for the health of EC consumers, livestock or plants. I intend to continue to pursue this matter with the Commission in the light of the forthcoming EU Food and Veterinary Office missions to Brazil.
644 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food the action she will take to reverse the Irish policy position regarding DAS-59122 Maize Herculex Rw; and if she will make a statement on the matter. [19850/07]
On the particular GM point at the Agriculture Council this week, I neither supported nor rejected the proposed approval of the products in question. I am engaged in discussions with my Cabinet colleagues on how best the commitment in the Programme for Government can be effected while taking into account the views of all interested parties and the sectors most directly affected.
645 Deputy Michael Noonan asked the Minister for Agriculture, Fisheries and Food if installation aid will be awarded to a person (details supplied) in County Limerick; and if she will make a statement on the matter. [19866/07]
My Department has no record of having received an application for aid from the person concerned under the Young Farmers' Installation Scheme applicable to farmers set-up in farming for the first time between 2007-2013 or the preceding equivalent scheme.
646 Deputy Bernard Allen asked the Minister for Agriculture, Fisheries and Food the position regarding the farm improvement scheme (details supplied). [19895/07]
The Farm Improvement Scheme was launched by my Department on 12 July 2007 and provides grant-aid for, inter alia, animal housing, slurry storage facilities and investments in relation to dairy hygiene. Approvals to commence work are now being issued to farmers who have submitted completed applications for grant-aid under the Scheme.
647 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food if parlour feeders are covered under grant for the farm waste management scheme; and if she will make a statement on the matter. [19902/07]
Parlour feeders were not eligible for grant-aid under the Farm Waste Management Scheme which closed for new applications at the end of 2006. They are, however, eligible for grant-aid under the new Farm Improvement Scheme which was introduced by my Department on 12 July 2007.
648 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if she will expedite a request for a transfer of entitlements to a person (details supplied) in County Cork. [19961/07]
The position is that an application for the Transfer of Entitlements under the 2007 Single Payment Scheme was submitted from the Representative of the first person named to the second person named on the 15th May 2007.
The application is fully processed and letters of approval issued on the 17th of September.
649 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive their single payment. [19962/07]
An application for the Transfer of Entitlements under the 2006 Single Payment Scheme to the person named was submitted on the 29th March 2006.
During processing of the Transfer application, it was necessary for an official of my Department to write to the person named seeking outstanding legal documentation relating to the application. The requested documentation was received on the 23rd August 2007 and the application was fully processed.
Payment in respect of 4.03 standard entitlements, transferred via inheritance issued on the 11th September 2007.
650 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason approvals are not readily forthcoming for the new 40% grant aid; if her attention has been drawn to the fact that there are many farmers wanting to purchase rubber mats for slatted houses and who are waiting approval for a considerable length of time; and if she will make a statement on the matter. [20020/07]
The Farm Improvement Scheme was launched by my Department on 12 July 2007 and provides grant-aid for, inter alia, animal housing, slurry storage facilities, and investments in relation to dairy hygiene. Approvals to commence work, such as the installation of cow mats, are now being issued to farmers who have submitted completed applications for grant-aid under the Scheme.
651 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [20023/07]
The person concerned is an applicant for grant-aid under the Installation Aid Scheme. An appeal in relation to the case is currently being considered by the Agriculture Appeals Office.
652 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of prosecutions that have occurred as a result of the abuse of animals (details supplied). [20036/07]
My Department's statutory responsibility extends only to the welfare and protection of farmed animals under the Protection of Animals Kept for Farming Purposes Act 1984, and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2006.
The main statutes governing cruelty to animals in this country are the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing cases under that legislation rests with An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under the Acts.
In addition, my Department makes ex-gratia payments annually to organisations involved in the direct delivery of animal care and welfare services to assist in their work. To date, a total of €7.2m has been paid to such bodies, of which €1.24m was paid to organisations in December last to assist them during 2007. A provision of €1.25m for this purpose is included in my Department's Estimates for 2007.
653 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food her plans to review the legislation in relation to animal welfare. [20037/07]
The introduction of a comprehensive Animal Welfare Bill, updating existing legislation to ensure that the welfare of animals is properly protected and that the penalties for offenders are increased significantly, is one of a number of animal welfare-related commitments contained in the Programme for Government. Other such commitments include the consolidation of responsibility for the welfare of all animals (including non-farm animals) within my Department; promotion of the highest standards of animal welfare at all levels of the food production chain; and review and consolidation where necessary of all legislation governing the welfare of non-farm animals. All of the foregoing are being pursued and the preparation of the required legislation to implement the commitments is proceeding within my Department.
654 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the progress made to date on securing EU approval for the proposed suckler cow herd welfare and quality scheme; and if she will make a statement on the matter. [20038/07]
Following consultations with the Commission services on the details of this scheme, certain modifications were made and a revised application for state aid approval was submitted to them on 15 August 2007. This is currently under consideration by the Commission. My Department is in regular contact with the Commission with a view to obtaining approval as rapidly as possible.
655 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if she will allow a person (details supplied) in County Mayo to qualify for the newer higher rate of installation aid grant. [20039/07]
The higher rate of grant under the Installation Aid Scheme is available to eligible applicants set-up in farming for the first time between 1 May and 31 December 2006 provided they meet the relevant conditions of the Scheme.
The person concerned is an applicant under the Installation Aid Scheme. He was set-up in farming for the first time on 4 February 2006; consequently the higher grant rate does not apply.
656 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the progress made following the decision to prosecute taken on 24 May 2007 under the Forestry Act, 1946 in a case (details supplied). [20040/07]
I am advised that the subject matter of the question relates to an ongoing court process and therefore it is not possible to make any comment on the matter while it remains sub judice.
657 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded part of their single payment. [20133/07]
An application for the Transfer of Entitlements under the 2006 Single Payment Scheme to the person named was submitted on the 3rd April 2006.
The Regulations governing the Transfer of Entitlements allow that Single Payment entitlements may be transferred without land only if the transferor has used at least 80% of his payment entitlements in one calendar year. The application for the Transfer of Entitlements to the person named was rejected, as 80% of theentitlements were not used by the transferor in 2005.
A formal letter outlining this decision issued to the person named and an official from my Department also made direct contact with him outlining the position.
An application to transfer entitlements by lease under the Private Contract Clause measure of the Single Payments Scheme was received from the person named on 25th August 2007. His application was successful and 15.24 entitlements were transferred to him. Any outstanding payment in respect of 2005 and 2006 will issue to the person named shortly.
658 Deputy Alan Shatter asked the Minister for Agriculture, Fisheries and Food the steps she proposes to take to end the practice of breeding dogs for dog fighting and the arrangement of dog fights in view of the revelations on a recent programme (details supplied); and if the law in this area will be updated. [20172/07]
Under the provisions of the Protection of Animals Acts 1911 and 1965 dog fighting is among those activities that is illegal. The enforcement of these Acts is a matter for An Garda Síochána who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under the Acts.
The new Programme for Government includes a commitment to consolidate responsibility for the welfare of all animals (including non-farm animals) within my Department. There is a further commitment to introduce a new Animal Welfare Bill and update existing legislation, to ensure that the welfare of animals is properly protected and that the penalties for offenders are increased significantly.
659 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Tipperary did not qualify for a scheme; and if she will make a statement on the matter. [20272/07]
The person in question had applied for grant-aid to construct a forest road. It is a condition of Forest Roads scheme that prior written approval be obtained before any work is commenced. This condition is stated very clearly in the scheme documents. When the application was examined, it was found that the road had already been built and, accordingly, the application was refused. This decision was upheld in January 2007 following an appeal by the applicant.
660 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the steps farmers can take if they are unhappy with the advice or workings of their REP scheme planner; if REP scheme planners can be reported to her Department; if there is a form of redress for a REP scheme planner who did not work in the best interests of a farmer; her plans to regulate this market and the way complaints against REP scheme planners are handled. [20481/07]
To ensure that all planners offering planning services to REPS applicants are qualified to do so, my Department established minimum educational qualifications for planners. As well as having the necessary qualifications, a planner must submit a training plan for assessment to my Department and make himself or herself available for training courses organised by my Department. Only when my Department is satisfied with the standard of the training plan will a planner number be issued and the planner be included on the list of approved planners.
A farmer is free at any time to change his or her REPS planner if the farmer is not satisfied with the level of service being provided by the planner. As the contract for the delivery of a REPS planning service is between the farmer and his planner any suggestion of non-performance in relation to the contract is a matter, in the first instance, for negotiation between the farmer and the REPS planner and failing a satisfactory conclusion is then a matter between the farmer's legal adviser and the planner.
The list of approved planners is reviewed on a regular basis. A selection of all REPS plans submitted under the REP Scheme is subject to detailed assessment by my Department and planners not reaching the necessary standard are required to submit up to three training plans for critical assessment by my Department and where necessary attend a one-day training course.
Between the date of notification of the need to submit training plans and the successful completion of the training cycle my Department reserves the right to refuse to accept plans for new clients or new five year plans for existing clients prepared by the planner concerned. After the planner in question has done the training course, my Department will specifically monitor the quality of plans submitted by him or her over the following year. If the standard does not improve, my Department reserves the right to suspend the planner's approval and will refuse to accept plans from him or her for new clients, or new five-year plans for existing clients.
661 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food if she will make 80% of the advance single farm payment in October 2007, due to the increased costs incurred by farmers as a result of the bad weather. [20507/07]
I approached Commissioner Fischer Boel earlier this year, seeking her agreement to have payments made with effect from 16 October rather than 1 December as is provided for in the relevant EU regulations. While the Commissioner indicated that she could not agree to this request at this time, she did make it clear in her written response that she agreed with the need to work for greater simplification, proposing that the matter be further pursued in the broader context of the CAP Health Check, scheduled to commence later this year. The commitment by the Commissioner to pursue this matter is important to Ireland, as we will be seeking, as part of the Health Check negotiations, a change in the Regulations to provide for a Single Payment Scheme payment commencement date of 16 October.
I subsequently approached the Commissioner a second time, outlining the adverse weather conditions that pertained during June, July and August, which seriously affected farming. I was particularly conscious of the difficulties caused for farmers, with significant delays in production of winter fodder, fodder intended for use next winter being fed to animals and some animals being housed early, as land was too wet to graze. I am pleased to say that, in response to this approach, a proposal to provide for advance payments, at a rate of 50%, was unanimously approved by the Direct Payments Management Committee at its meeting last week.
Work in my Department is at an advanced stage to maximise the number of payments that will be made on 16 October and thereafter and, in this regard, I would urge any applicants who have received correspondence from the SPS Unit of my Department in relation to specific problems on their SPS applications, to reply to these letters immediately. Until such time as a given query is resolved, no payment can be made. I might add that the level of errors on this year's applications is much higher than might have been expected, with many applicants making minor errors. Each of these requires to be resolved in order to allow payment to issue.
In view of this, I have again arranged to have a series of Lo-call telephone numbers set up, to assist farmers who wish to contact the SPS Unit, in order to resolve outstanding queries. These numbers are as follows: 1890 252 235: Clare, Cavan, and Limerick; 1890 252 236: Cork, Westmeath; 1890 252 242: Kildare, Laois, Leitrim, Longford, Waterford and Wicklow; 1890 252 243: Carlow, Kilkenny, Louth, Monaghan, and Sligo; 1890 252 244: Donegal, Dublin, Offaly and Wexford; 1890 200 502: Galway, Kerry, Mayo, Meath and Roscommon; and 1890 250 598: Tipperary.
In view of the high level of queries identified, however, it is likely that large numbers of farmers will seek to telephone the SPS Unit, particularly in the days immediately following the initial issuing of payments. Again, I would stress that these farmers should, in the first instance, ensure that they have adequately replied to any correspondence, which they have received from the Unit in relation to problems with their applications.
662 Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food if she will investigate the reported leaking of possible BSE material into the River Boyne at Drogheda as reported by a newspaper (details supplied) on 12 September 2007; and if she will make a statement on the matter. [20590/07]
I understand that tests carried out on behalf of the local authorities, on the liquid which leaked into the River Boyne, indicate that the material was either diesel or kerosene.
There is no indication that any material of animal origin was involved in this incident. In the circumstances this matter is the responsibility of the relevant local authorities and I understand that they are dealing with it.
663 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when an application to the national reserve as a new entrant by a person (details supplied) in County Mayo will be decided on; and when the payment will issue. [20705/07]
The person named did not apply to the National Reserve under the New Entrant Category. He did however submit an application to the 2005 National Reserve under the Hill Farmers Scheme which caters for farmers with commonage land who were prevented from expanding their sheep production during the 2000-2002 reference period pending publication of the Commonage Framework Plans in 2003.
The person named has been deemed successful under this measure and an allocation has been made from the National Reserve. In addition the person named submitted an application to the 2007 National Reserve under Category C which caters for farmers for whom at least 40% of their Single Payment was derived from direct payments associated with sheep production (Ewe Premium/Rural Word Premium) during the reference period, the existing Single Payment is less than €6,000 and individual payment entitlements are less than the District Electoral Division (DED) average value.
Processing of the 2007 National Reserve applications is under way and allocations will be made to successful applicants at the earliest opportunity. A formal letter outlining my Department's decision on the 2007 National Reserve application will issue to the person named as soon as his application has been processed.
664 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food her views on the low price of lamb leading to small profit margins for producers; the reason that lamb prices and profit margins are greater in Northern Ireland; and if she will make a statement on the matter. [20741/07]
A comparison of prices paid to lamb producers here and in Northern Ireland for this year shows that the average price here is €3.36 per kg, which is a slight increase on last year. This compares to €3.25 per kg, on average this year, in Northern Ireland. While prices can be compared, profit margins in both areas depend on a range of factors, which are not accurately comparable.
665 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food her views on the findings of an IFA study group that visited Brazil some weeks ago and which discovered major irregularities in Brazilian beef production; the steps she proposes to take to deal with the importation of large quantities of Brazilian beef to EU Member States; and if she will make a statement on the matter. [20742/07]
I brought the IFA report to the attention of Mr Markos Kyprianou Commissioner for Health some time ago. I received a detailed response and assessment from the Commission. While I fully accept the Commission's reassurance that all appropriate measures would be taken to protect EU consumers, I have noted that certain deficiencies highlighted by the IFA were recognised by the EU Food and Veterinary Office. I have also noted that further FVO missions are being undertaken to Brazil and that the Commission would reassess the authorisation of exports from Brazil in the light of the outcome of these missions. I have impressed on the Commissioner the need to ensure that the deficiencies noted are properly and promptly addressed.
In relation to these imports I have been consistent in my view that Irish farmers deserve fair play in the market place. At EU level I have clearly advocated that produce imported from non-EU countries must meet standards equivalent to those required of Community producers. In the interests of both EU producers and consumers I will continue to adopt this approach. The debate in recent months has been important in highlighting the need for the highest possible public and animal health standards. This has always been a priority for me.
666 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will be awarded the farm installation grant. [20836/07]
The person concerned is an applicant under the Installation Aid Scheme and the grant payment was issued to him by my Department on 7 September 2007.
667 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the value of single farm payment entitlements which have not been activated in each of the past three years; her plans for the redistribution of these entitlements; and if she will make a statement on the matter. [20864/07]
The Single Payment Scheme was introduced in 2005. Under the scheme, farmers were required to lodge an application under the 2005 Single Payment Scheme in order to activate their single payment entitlements. In order to use entitlements, each farmer was required to declare one hectare of eligible land for every entitlement held. Once entitlements were activated in 2005, farmers then had to use them within three years or they would be surrendered to the National Reserve.
In March 2007, my Department wrote to farmers who had not used their entitlements in 2005 or 2006, reminding them that if they did not use them in 2007, these unused entitlements would be lost to the National Reserve. The final figure for the value of entitlements unused over the three years will not be known until the processing of the 2007 Single Payment applications is completed. This processing is ongoing. It is estimated that when entitlements that were never activated in 2005 and entitlements that were activated but not used in the three years 2005, 2006 or 2007, are taken into account, there will be approximately €5 million surrendered to the National Reserve.
Under the 2007 National Reserve there were 4 categories under which farmers could apply: Certain types of inheritance; New Entrants; Certain Sheep farmers; and Offshore island farmers. The closing date for receipt of applications under the 2007 National Reserve was 22nd June 2007. Over 9,000 applications have been received and these are now being processed.
668 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if, as part of the capital grant scheme for meat processing facilities, she will include provision to ensure that farmers have a clear and unimpeded view for the scales in meat plants; and if she will make a statement on the matter. [20872/07]
In line with Agri-Vision 2015, I announced last year a Capital Investment Scheme, totalling some €50 million, for the beef and sheepmeat processing sectors. This grant assistance, which should trigger investment of some €120 million, is yet another clear indication of the Government's commitment to the continued development of a modern, competitive, innovative and market-focused food industry.
The objective of the scheme is to make financial assistance available towards the cost of the construction and acquisition of buildings, new machinery and equipment and, consequently, assist the industry in improving efficiency and competitiveness and in so doing, not only strengthen primary processing but also underpin agricultural incomes.
As regards the operation of weighing scales I would point out that officials of my Department carry out regular inspections of meat plants to ensure that weighing equipment is operating efficiently and that weighing procedures are being correctly carried out in a consistent manner. In some meat plants, farmers have a clear view of the scales readout, where the plant has installed a special viewing area specifically for this purpose. In some instances, however, it might not be practical for the meat plant to install a viewing area because of building design. In such cases it would be a matter for the plant to decide, taking account of hygiene and health and safety concerns, whether a farmer would be permitted access to the scales area during processing of his or her animals.
669 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if she will take steps to ensure that a grant due to a person (details supplied) in County Longford under the farm waste management scheme is awarded; and if she will make a statement on the matter. [20951/07]
The person concerned is an applicant under the Farm Waste Management Scheme. Payment will be issued by my Department shortly in respect of the investments carried out by him under the Scheme.
670 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if the single farm payment entitlements of a person (details supplied) in County Sligo from a farm inherited in a will, will be awarded to them; and if she will make a statement on the matter. [21074/07]
The position is that an application for the Transfer of Entitlements to the person named was submitted on the 12th May 2006 requesting a transfer of 19.49 standard entitlements from the Representative of the owner of the second herd number quoted.
As the requested transfer was based on inheritance, an official from my Department requested a copy of the Will of the deceased person and a copy of Probate. In cases where entitlements are not specifically mentioned in a Will, they form part of the ‘residue' of the estate. Copies of the Will and Probate were duly supplied and it was noted that the ‘residue' of the estate was left to a number of persons but did not include the person named.
The requested transfer can only be completed if those persons who inherited the residue of the estate waive their rights in favour of the first named person. Consequently on the 11th May 2007 the person named was asked to supply waivers from those persons. On the 23rd June 2007 a reminder was forwarded. To date, no such waivers have been received and consequently it is not possible to process the requested transfer.
Upon receipt of the outstanding documentation, my Department will process the application and will correspond directly with the person named.
671 Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food if she will provide a report as to the reason trees were felled in areas (details supplied) in County Dublin under the direction of her Department; and if she will make a statement on the matter. [21077/07]
Fireblight is a bacterial disease caused by Erwinia amylovora. It is a serious disease of apples, pears and other trees and shrubs in the family Rosaceae. The disease is native to North America and was introduced to Europe in the 1950s. It has since spread to most countries in Western Europe. Fireblight was first recorded in Ireland in 1986, but to date the disease has not become established here. An eradication policy coupled with co-operation from the public succeeded in reducing infection to a minimum level. Sampling of suspect material by the Department of Agriculture and Food has continued each year since then.
There are over 1,500 samples submitted for laboratory testing yearly and upwards of a dozen positive findings principally in Dublin and Cork Suburbs, along with a number of findings on nursery stock are detected.
All infected plants must be destroyed under the supervision of the Department of Agriculture and Food. It may also be necessary to destroy other adjacent host plants in order to control spread of the disease due to the issue of latency, where the plants may already be infected but have not yet expressed symptoms and so are sources of inoculum. The source of the infected material is then traced so that other infected plants may also be destroyed. The plant passport system facilitates the tracing of Fireblight host plants traded within EU.
With regard to the current situation in the Fingal area, trees that the Department has tested as positive for fireblight in the laboratory following sampling by staff from this Department, have been removed and destroyed. Host trees in the same stand are also removed to prevent further spread of the disease. To date it is estimated that Fingal County Council have removed approximately 450 host trees in the areas Sutton, Portmarnock, Malahide and Howth following positive findings.
This Department is currently endeavouring to demarcate the zone of infection that appears to be primarily linked to older roadside plantings of Whitebeam and Mountain ash. Residents in all the areas concerned have been circulated with detailed information and encouraged to contact this Department if they are aware of any suspect material, to date there has only been one finding in a private garden but extensive follow up is ongoing.
672 Deputy Tony Gregory asked the Minister for Education and Science if her Department has received a request from the Grangegorman Development Agency for sanction to employ two additional staff in the context of the major regeneration involved in this project; and if she will make a statement on the matter. [20004/07]
A request was been received by my Department in June 2007 for sanction to employ two additional staff for the Grangegorman Development Agency. Sanction for the allocation of the two additional staff has been agreed in principle with grading still under discussion.
673 Deputy James Bannon asked the Minister for Education and Science the cost to the taxpayer of the investment in the four year training of the 150 physiotherapists who graduated in 2007 and who cannot get work in the public health system despite outpatient waiting lists; and if she will make a statement on the matter. [20669/07]
The full cost of training 150 physiotherapists over a four year period is estimated at €7.4m. There has been a growing demand for, and investment in, physiotherapy services over the last number of years. A particular priority for the Department of Health & Children and my Department has been the expansion of the supply of physiotherapy graduates and, in this regard, training places have increased significantly in recent years and currently stand at 145. In addition, the number of physiotherapists employed in whole time equivalent posts in the public health service has increased from 593 at end Dec 1997 to 1,410 at end June 2007 (an increase of 138%). My colleague, the Minister for Health & Children is aware that some physiotherapy graduates have had difficulty in obtaining employment. Her Department is addressing this situation in a proactive manner and is working closely with the HSE to tackle the various factors which are contributing to this situation. A working group made up of representatives from the Department of Health & Children, the HSE and the profession itself, including nominees from the unions, is continuing to work to manage this situation. This group, working in close partnership, has identified all the contributing factors to this complex matter and has developed a comprehensive Action Plan to address the matter. The group is now working through prioritised actions.
674 Deputy Joe Costello asked the Minister for Education and Science if her attention has been drawn to the crisis in a youth service caused by the threat of the school authorities to withdraw use of a small part of the premises at a school (details supplied) in Dublin 7 which facilitates the youth service and its employment, on community employment, of 19 local people; and if she will make a statement on the matter. [19709/07]
792 Deputy Tony Gregory asked the Minister for Education and Science if she will intervene in the dispute at a school (details supplied) in Dublin 7 where the school management has locked out a group; and if she will make a statement on the matter. [20738/07]
I propose to take Questions Nos. 674 and 792 together.
I am aware of the situation to which the Deputies refer. However, the use of school property not owned by the State is entirely a matter for a Board of Management and the Patron. The only concern for the Department is to ensure that any non-mainstream school usage of the school premises does not impede the delivery of the curriculum.
675 Deputy Olwyn Enright asked the Minister for Education and Science her plans, in view of the fact that a large number of prefabricated classrooms are to be installed in one of the primary schools for permanent structures for primary education, in Athy, County Kildare; if amalgamation of some of the primary schools is advancing; if so, the stage it is currently at; when it is expected to be completed; and if she will make a statement on the matter. [19748/07]
Discussions are ongoing with the authorities of the schools to which the Deputy refers in relation to their long term accommodation needs. As part of this process, meetings have also taken place with both Kildare County Council and Athy Town Council with a view to ensuring that the appropriate level of educational provision is made in the context of planned housing developments. The Department expects to be in a position to make a decision on the long term needs of Athy shortly.
676 Deputy Charlie O’Connor asked the Minister for Education and Science the progress to date with regard to the strategic innovation fund; and if she will make a statement on the matter. [19756/07]
As part of the 2006 Budget a multi-annual Strategic Innovation Fund (SIF) was announced with an allocation of €300 million over the five year period 2006 to 2010. This was subsequently extended to €510 million under the National Development Plan. The Fund is intended to be a major catalyst in bringing about substantial change and quality improvement in our higher education institutions and promoting system-wide collaboration that draws on all institutions collective strengths. The objectives of the SIF include — the enhancement of the delivery of core activities of education and research, through effective and creative institutional and inter-institutional collaboration and, where necessary, appropriate internal restructuring and rationalisation efforts; to support innovation and quality improvement in teaching and learning, including enhanced teaching methods, programme restructuring, modularisation and e-learning; to support access, retention and progression at institutional level and through inter-institutional and inter-sectoral collaboration. Awards under the Fund are made on the basis of competitive calls for proposals. The results of the first call, amounting to €42 million, were announced in October 2006. The second call for proposals amounting to €130 million issued in August 2007 with a closing date of 19 October 2007. It is anticipated that the awards under this call will be made later this year.
677 Deputy Charlie O’Connor asked the Minister for Education and Science the progress to date with regard to reducing class sizes; her plans for the future; and if she will make a statement on the matter. [19757/07]
As the Deputy will be aware, major improvements have been made in staffing at primary level in recent years. There are now 5,000 more primary teachers than there were in 2002. By the 2006/07 school year, we had reduced the average class size in our primary schools to 24, while the pupil teacher ratio was 16.4:1, including resource teachers etc. In that year, schools were staffed on the basis of a general rule of at least one classroom teacher for every 28 children. Given that the national average was 24, many schools benefited from much more favourable staffing ratios than this. Extra teachers were provided by the Government for the 2007/08 school year to improve primary school staffing so that schools would generally get at least one classroom teacher for every 27 children. A further initiative in recent years that has been of direct benefit to primary schools has been the change in the criteria for developing schools. For the current school year the threshold for getting a developing school post was reduced specifically to help schools that are seeing large increases in enrolments each year. Over 350 such posts have been sanctioned in the 2007/08 school year compared with 280 in 2006/07. The improvements we have made in school staffing in recent years are absolutely unparalleled. The Government is committed to providing more teachers to our primary schools over the next five years. We will also continue our focus on measures to improve the quality of education in our primary schools to ensure that increased resources lead to better outcomes for our children.
678 Deputy Charlie O’Connor asked the Minister for Education and Science the progress to date with regard to tackling educational disadvantage; her plans for the future; and if she will make a statement on the matter. [19758/07]
A key focus of the Government's education policy is to prioritise investment in favour of those most at risk and to optimise access, participation and outcomes at every level of the system for disadvantaged groups. The wide variety of measures in place for tackling educational disadvantage and social exclusion reflect these concerns. These measures include preschool interventions, supports for tackling children's literacy problems, reduced pupil teacher ratios, increased capitation grants, measures to tackle early school leaving and strengthen ties between the school, the family and the community. In addition, there are interventions in support of youth, access to third-level and in providing "second chance education" for young people and adults.
My Department's approach to addressing educational disadvantage and social exclusion is set in the context of Towards 2016, and the National Action Plan for Social Inclusion 2007-16. Both Towards 2016 and the National Action Plan for Social Inclusion adopt a life cycle approach in addressing issues of social exclusion, including educational disadvantage, in the context of a ten year framework. The key life cycle phases include children, people of working age, older people and people with disabilities. Under Towards 2016, the Government and the social partners have agreed to work together over the next ten years towards a number of long-term goals for children including the goal that every child should leave primary school literate and numerate and complete a senior cycle or equivalent programme appropriate to their capacity and interests. The total provision for educational inclusion programmes in 2007 is nearly €730 million across all levels of education. This represents an increase of nearly €90 million on the comparable 2006 figure. This includes additional funding for the implementation of measures under the DEIS action plan at preschool, primary and second-level, additional funding for further education programmes as well as an increase in provision for third-level student support schemes.
DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion that I launched in 2005, focuses on addressing the educational needs of children and young people from disadvantaged communities, from preschool through second-level education (3 to 18 years). The new action plan represents a shift in emphasis away from individual initiatives, each addressing a particular aspect of the problem, with the new plan adopting a multifaceted and more integrated approach. The key principle of early intervention underpins both the early childhood education measure and many of the literacy and numeracy measures and those to address early school leaving being adopted under the action plan. The plan will place a renewed emphasis on the involvement of parents and families in children's education in schools.
Measures under the action plan rolled out in the 2006/07 school year included additional financial supports for schools, reduced class sizes in urban primary schools serving the most disadvantaged communities, expanded literacy supports and programmes such as Reading Recovery, extension of Home/School/Community Liaison (HSCL) and School Completion Programme services, enhanced support for the School Books Grant Scheme and expansion of the rural coordinator service.
679 Deputy Charlie O’Connor asked the Minister for Education and Science the progress to date with regard to developing special needs provision; her plans for the future; and if she will make a statement on the matter. [19759/07]
The level of resources being made available by my Department to support students with special educational needs has grown significantly in recent years. A significant development is the establishment of the National Council for Special Education (NCSE) which has been in operation since 1 January 2005 with over 90 members of staff working exclusively in supporting students with special educational needs. The NCSE was established under the Education for Persons with Special Educational Needs Act (EPSEN) to improve the delivery of education services to persons with special educational needs arising from disabilities with particular emphasis on children. Since it was established in 2005, the NCSE has been responsible for allocating resources for children with special educational needs. 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. SENOs are responsible for processing applications from schools for special needs supports and they convey decisions on the applications directly to the schools. These supports include resource teaching hours, special needs assistant (SNA) support and assistive technology and equipment.
Children who have been assessed as having special educational needs have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes/units attached to ordinary schools, to placement on an integrated basis in ordinary schools, with special back-up supports. At primary level, there are now over 6,000 teachers working directly with children with special educational needs, including those requiring learning support, compared with fewer than 1,500 in 1998. One out of every five primary school teachers is now working specifically with children with special needs. At post-primary level, over 2,450 whole time equivalent teachers support special needs students compared with 200 in 1998. This includes 566 learning support teachers. Significant progress has been made in relation to increasing the number of SNAs in our schools who specifically cater for children with care needs. There are over 8,800 whole time equivalent SNAs in primary and post-primary schools supporting the care needs of these students compared with approximately 300 in 1998.
As well as this significant increase in the numbers of additional teachers and SNAs directly providing appropriate education and care supports for children with special educational needs, much investment has taken place in the provision of transport, specialist school accommodation, home tuition, assistive technology and equipment. For example, more than €3 million was spent last year on specialised equipment and materials and nearly €50 million on school transport for special needs pupils. In addition to the developments outlined above, my Department's Teacher Education Section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of post-graduate professional training programmes available to teachers in the special needs area and the ongoing development of the Special Education Support Service (SESS) to support schools staff locally. The SESS now has 13 full time seconded teachers and 16 part-time associates and had contact with some 15,000 teachers in the last year. Furthermore, the SESS will be undertaking a recruitment drive in the near future to facilitate an increased level of training.
Going forward, the NCSE has produced an Implementation Report regarding the Education for Persons with Special Educational Needs Act, 2004 which is currently receiving detailed consideration within my Department. As part of this process, my officials have met with the education partners to obtain their views on the report and its recommendations. I wish to assure the Deputy that the provision of appropriate educational intervention and supports for children with special educational needs continues to be a key Government priority.
680 Deputy Charlie O’Connor asked the Minister for Education and Science the progress to date with regard to developing the schools infrastructure; her plans for the future; and if she will make a statement on the matter. [19760/07]
During the period of the last National Development Plan 2000-2006 my Department accelerated the school building programme with record levels of investment and the streamlining of delivery systems. An aggregate total of well over €2.6 billion was invested in upgrading existing school infrastructure and providing new school accommodation at both first and second-level. This was the largest investment programme in the history of the State and delivered over 7,800 building projects in addition to investment in site purchases; the annual minor works grant to all primary schools, dust/asbestos and radon remediation programmes, science and technology initiatives, contingency works and grants for the purchase of furniture and equipment including improving equipment needed for new technologies and ICT.
Innovations in the delivery of school buildings such as Generic Repeat Designs and the use of the Design and Build model ensure that new school buildings are delivered in the fastest time-frame possible. My Department also adopted a policy of devolving much greater authority to local school management boards to manage and deliver smaller building projects, thereby freeing my Department to concentrate on the larger scale projects. My Department has improved forward planning through greater cooperation between the Department of Education and Local Authorities and the publication of 10-year Area Development Plans. The budget for 2007 is the first year of the roll-out of the new NDP which will involve an investment of over €4.5 billion in school building infrastructure over the next 7 years to ensure that school places are available where needed. This funding will enable my Department to continue to take a proactive approach to the provision of modern school accommodation particularly in developing areas. This year alone around over €540 million will be spent on school building infrastructure with over 1,500 projects on my Department's school building programme. Construction in 2007 alone will deliver over 700 classrooms to provide permanent accommodation for over 17,500 pupils, mainly in developing areas. The main focus of the school building programme is to deliver additional capacity in the rapidly developing areas. It is projected that 100,000 additional school places will be required over the next number of years, with over 10,000 extra children entering our schools each year. I am conscious of the need to provide more school places quickly and these are being delivered.
681 Deputy Paul Gogarty asked the Minister for Education and Science if her Department has bought the 5 acre site at Charlesland, Greystones, from a company (details supplied) for a proposed 32 classroom primary school; if her Department merely has an option on the purchase of the site in the event that the company receives planning permission from Wicklow County Council for a shopping centre and other development on the remainder of the site at Charlesland; the exact nature of the arrangement which her Department has with the company regarding the use of five acres of its site for the construction of a new primary school for the Charlesland area; and if she will make a statement on the matter. [19777/07]
682 Deputy Paul Gogarty asked the Minister for Education and Science if her attention has been drawn to the fact that the parents of children attending a school (details supplied) in County Wicklow have been informed that the new intake of junior infants in September 2007 will be placed in temporary accommodation in a purpose built public house at Charlesland for the 2007-2008 school year; her views on whether this arrangement is considered to be satisfactory in view of the distance between the old and the new site and the difficulties this may cause for parents and children, as well as other factors; if the existing site can be retained by her Department for educational use; and if she will make a statement on the matter. [19778/07]
I propose to take Questions Nos. 681 and 682 together.
The site to which the Deputy refers has been reserved for educational purposes and it is the Department's intention to purchase this to address, in part, the long term primary school accommodation needs in Greystones. Due to the commercial sensitivities attaching to site acquisitions, I am not in a position to comment further on the acquisition of this site at this time. The Department provided temporary accommodation on the site of the school to which the Deputy refers to accommodate the 2007/2008 junior infant cohort.
683 Deputy Paul Gogarty asked the Minister for Education and Science the steps she has taken to deal with the capacity problems being faced by parents wishing to send their children to multi-denominational schools in the Lucan area, particularly in relation to the usage of the available sites at Adamstown; if she has been contacted by a group (details supplied) regarding the creation of a school for Lucan in the south Lucan area; if suitable land banks have been identified including the proposed Balgaddy SDZ; and if she will make a statement on the matter. [19781/07]
The Department established a further multi-denominational school to serve the Lucan area in September of this year. This school is temporarily located in a new school building in Adamstown. It is intended to re-locate this school to Lucan once a suitable site has been acquired. The Department is in discussion with the local authority in relation to this issue.
With regard to the Balgaddy SDZ, the Deputy will be aware that this Scheme is only in the very early stages of development. The Department will be approaching the school accommodation requirements for this SDZ in the same way as it did for Adamstown. The Deputy will be aware that the Department's approach to the Adamstown SDZ has resulted in the delivery of school accommodation ahead of housing developments.
I can confirm that the Patron Body to which the Deputy refers has submitted a Notice of Intention to establish a further school in the Lucan area to the New Schools Advisory Committee.
684 Deputy Paul Gogarty asked the Minister for Education and Science the position on the provision of a new school site for a school (details supplied); her views on the compulsory purchase order option in regard to available lands; the circumstances in which she would take such an action; and if she will make a statement on the matter. [19782/07]
The Department is keenly aware of the need to provide a site as quickly as possible for the school to which the Deputy refers and it is in consultation with the local authority in relation to this matter. The question of a compulsory purchase order does not, therefore, arise at this time. Generally, however, the Department will be asking local authorities to use the CPO mechanism for land where no alternative course of action exists.
685 Deputy P. J. Sheehan asked the Minister for Education and Science if, further to Parliamentary Question No. 157 of 4 July 2007, she will provide a detailed response setting out the exact position in view of the concerns of one of the schools involved (details supplied); and if she will make a statement on the matter. [19785/07]
As the Deputy is aware, agreement has been reached between the trustees of the three existing post-primary schools to amalgamate into a single school. The Property Management Section of the Office of Public Works was requested to source a site for the development referred to by the Deputy. In answer to an advertisement and subsequently, a number of sites were identified and examined. Those considered potentially suitable for the provision of a school building for the amalgamation were then discussed with Cork County Council. Following that exercise and to date, no site has been identified that is suitable from the perspectives of my Department, the Office of Public Works and Cork County Council. The Office of Public Works is continuing to work with my Department to identify and secure a suitable site for the proposed amalgamated school. Once a suitable site has been secured, the project will then be considered in the context of the School Building and Modernisation Programme.
686 Deputy Paul Gogarty asked the Minister for Education and Science if her attention has been drawn to the case of a person (details supplied) in County Waterford; if, in view of an assessment, her Department will provide all or some of these facilities to the person; and if she will make a statement on the matter. [19791/07]
As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers (SENO), for allocating resource teachers and special needs assistants to schools to support children with special needs. I understand that the parents of the child in question is currently liaising with the relevant SENO in this regard and that home tuition has been sanctioned for the child. 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.
687 Deputy Paul Gogarty asked the Minister for Education and Science if additional funding will be provided to a project (details supplied) in County Waterford to expand the number of places offered; and if she will make a statement on the matter. [19792/07]
The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism. I am pleased to advise the Deputy that discussions are underway in relation to this matter and I understand that arrangements are being made for my officials to meet representatives of the facility in question in the near future.
688 Deputy Finian McGrath asked the Minister for Education and Science if advice and assistance will be given to persons (details supplied) in Dublin 3. [19837/07]
700 Deputy Finian McGrath asked the Minister for Education and Science if a person (details supplied) in Dublin 3 will be assisted. [19913/07]
I propose to take Questions Nos. 688 and 700 together.
My officials have been in contact with the National Council for Special Education and I understand that the application on behalf of the pupil in question did not meet the criteria for individual resource hours under Specific Speech and Language Disorder. However, the pupil will have access to support from the school's learning support/resource teacher and he also has access to a speech and language therapist.
689 Deputy Olwyn Enright asked the Minister for Education and Science her views on students at primary and second level being taught the original meaning of Irish placenames; and if she will make a statement on the matter. [19842/07]
I welcome that students in our primary and secondary schools have opportunities to explore the original meaning of Irish place names (logainmneacha). It is clear that this exploration benefits students linguistically and culturally as well as giving them a greater appreciation of the past and the environment. The primary curriculum for Irish includes the exploration of place names and their meaning as one means of enhancing the language awareness of pupils in middle and senior classes. An understanding of place names helps to instil pride among pupils in their locality. The curriculum advises that teachers stimulate pupils' interest in local place names and extend this to national place names. Even where Irish is not the normal language of communication, seeing the language in the names of towns, rivers, mountains and lakes helps pupils to appreciate the influence of the Irish language on English in Ireland. The study of place names can enhance pupils' learning in other areas of the curriculum, notably in geography and history. Discussion of the many words associated with place names such as baile, caisleán, cill and dún can increase pupils' understanding of the human environment and help them improve their range of Irish language vocabulary. In exploring Irish place names such as Cill Dara, Baile Átha Luain and Léim an Bhradáin and the stories associated with them, pupils in senior classes can develop a deeper understanding of the place and its history.
The syllabus for Irish at second level, at both junior cycle and senior cycle, promotes Irish place names as an appropriate area of study within the Irish curriculum which teachers may choose to include in their teaching and learning programmes. Raising students' awareness of the culture and traditions associated with the Irish language is a common thread throughout each Irish language syllabus at second level. The enduring repository of Irish to be found in Irish place names to this day provides a ready source of enquiry that can engage the interest of students as it relates to their own place. The study of place names also provides opportunities for cross-curricular study and co-operation among teachers — notably in the areas of Irish, geography and history — and therefore fits very well with the innovative approaches to learning promoted by the Transition Year programme. The study of place names undoubtedly enriches the learning of students in our primary and post-primary schools.
690 Deputy Jimmy Deenihan asked the Minister for Education and Science if a minimum of five hours resource teaching per week is granted automatically to every child with Down’s syndrome in mainstream primary schools; and if she will make a statement on the matter. [19861/07]
Pupils with Down Syndrome are entitled to additional teaching support in school, either under the terms of the general allocation system of teaching supports if the educational psychological assessment places the pupil in the high incidence disability category or through an allocation of additional teaching and/or care support if the child is assessed as being within the low incidence category of special need, as defined by my Department's circular Sp Ed 02/05. The number of additional teaching hours allocated would range from three to five hours per week depending on the pupil's special educational needs including the level of general learning disability. The National Council for Special Education now has responsibility for sanctioning a range of additional teaching and care supports for pupils with special educational needs, including pupils with Down Syndrome and schools requiring such supports should contact their local Special Educational Needs Organiser.
691 Deputy Brian Hayes asked the Minister for Education and Science the action taken by her Department on foot of correspondence (details supplied) regarding issues relating to the Waterford Institute of Technology; and if she will make a statement on the matter. [19865/07]
The correspondence to which the Deputy refers related largely to the matter of the qualifications and experience for a post to which the person named by the Deputy was appointed. The Minister of the day responded to the letter pointing out that it was an internal governance issue for the Institute concerned and that the Department had no role in the matter.
692 Deputy Finian McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 9 will be assisted. [19867/07]
An extension project was completed in 2004 at the school to which the Deputy refers. The extension consisted of three classrooms, craft room, Home Economics room, medical room and storage. The Department has no further application for capital funding from the school.
693 Deputy Michael Noonan asked the Minister for Education and Science if a psychological assessment of a person (details supplied) in County Limerick has been carried out; and if she will make a statement on the matter. [19873/07]
The Deputy will be aware that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department's website. Where there is no psychologist available through NEPS, a school may access psychological assessments through the Scheme for Commissioning Psychological Assessments (SCPA). Under the SCPA, such schools 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. It should also be noted that in common with many other psychological services, NEPS 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. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process. The Deputy's question does not state which school the individual concerned currently attends so I am unable to advise on whether the school is covered directly by NEPS. Perhaps the Deputy might supply this detail to me so that my Department's NEPS service might make the appropriate enquiries in this regard.
694 Deputy Michael Noonan asked the Minister for Education and Science if a request for funding by the City of Limerick Vocational Educational Committee for the proposed architectural feasibility study relating to a required extension for a school (details supplied) will be sanctioned; and if she will make a statement on the matter. [19874/07]
An application has been received in May, 2007 for a proposed architectural feasibility study in respect of the school referred to by the Deputy and is currently being considered by the Department.
695 Deputy Olwyn Enright asked the Minister for Education and Science if her attention has been drawn to the case of a person (details supplied) in County Kerry; the provisions that will be made for the person; her views on the matter; and if she will make a statement on the matter. [19890/07]
I am aware of the case referred to by the Deputy. The person referred to by the Deputy was a student in one of two post-primary schools in the Dingle Gaeltacht. Both of these schools were classified as All-Irish schools in which the language of tuition was Irish. Schools in this category receive almost 40% extra in per-capita funding. The two schools amalgamated at the end of the last school year and the students of both schools transferred to Pobalscoil Choirche Dhuibhne which is also classified as an All-Irish school in which the language of tuition is Irish. In the context of the amalgamation this issue arises from the reaffirmation by the Board of Management of the characteristic spirit of the new school as an All-Irish Gaeltacht school in which the language of tuition is exclusively Irish. My Department has written to the Board of Management and to the Trustees of the new Community School requesting that they bring forward proposals to ensure that students can complete their post-primary education without substantially altering the conditions of tuition under which they have hitherto been enrolled. The student referred to by the Deputy is now enrolled in and attending a post-primary school in Tralee and has been approved for school transport on a scheduled Bus Eireann service from Dingle to Tralee.
696 Deputy Seán Sherlock asked the Minister for Education and Science if there are plans for a nationwide review of the school catchment boundaries which have not been reviewed since 1969 (details supplied). [19893/07]
The Programme for Government includes a commitment to review the school transport scheme, including catchment boundaries. My Department is currently considering how best to progress this task.
697 Deputy Seán Sherlock asked the Minister for Education and Science if she has considered the application from a school (details supplied) in County Cork for an additional teacher for the school. [19894/07]
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. According to data submitted to my Department by the Board of Management of the school referred to by the Deputy, the enrolment in the school on 30 September, 2006 was 305 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my 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 11 mainstream class teachers. In addition to the mainstream class teachers, the school also has 2 permanent learning support/resource teacher posts, 1 special class post, 1 shared resource post for Travellers and 1 temporary language support post.
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 Appeal Board holds three meetings per year to consider appeals. Meetings of the Board were held in May and July 2007 and a further meeting will be held on 23 October, 2007. The closing date for receipt of appeals for that meeting is the 12 October 2007. 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 Appeal Board operates independently of the Minister and the Department and its decision is final.
698 Deputy Enda Kenny asked the Minister for Education and Science if children with dyspraxia have an automatic entitlement to assistance from her Department or from the National Council for Special Education; if children with dyspraxia receive an automatic allocation of resource teaching hours at primary level; if children with dyspraxia have a guaranteed entitlement to occupational therapy, other therapeutic services or any other services; and if she will make a statement on the matter. [19907/07]
As the Deputy will be aware, my Department provides a range of teaching and care supports for children of school-going age with special educational needs, including children with dyspraxia. The precise level of support is determined by the special educational needs of the particular child. Children with dyspraxia may be entitled to additional provision in school, either under the terms of the general allocation system of teaching supports if the educational psychological assessment places the child in the high incidence disability category or through an allocation of additional resources if the child is assessed as being within the low incidence category of special need, as defined by my Department's circular. In circumstances where a child with dyspraxia has other associated needs and would fall into the low incidence disability category, this would automatically attract additional resource teaching support. Applications for this support are made to the local special educational needs organiser by the school. The provision of therapeutic services is a matter for the Health Services Executive (HSE) and funding is provided to the HSE for such purposes.
699 Deputy Finian McGrath asked the Minister for Education and Science if persons (details supplied) in Dublin 17 will be assisted. [19912/07]
The Deputy will be aware that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department's website. Where there is no psychologist available through NEPS, a school may access psychological assessments through the Scheme for Commissioning Psychological Assessments (SCPA). Under the SCPA, such schools 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. It should also be noted that in common with many other psychological services, NEPS 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. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process. I would suggest that the parents of the pupil in question should discuss the matter with the school Principal who will advise them about the possibility of a referral to NEPS or accessing a psychological assessment through the SCPA (whichever is appropriate). The Principal will advise about service availability and appropriateness of a referral.
701 Deputy Jan O’Sullivan asked the Minister for Education and Science when she expects construction will commence for a new school (details supplied) in County Limerick; and if she will make a statement on the matter. [19921/07]
A design team is currently being appointed for a building project to provide an extension to the existing school. This will provide accommodation for a 24-classroom school. However, the Department has received information to the effect that the school authorities now wish to change the project brief from an extension to a new build school. This request is currently being considered by the Department.
702 Deputy Olwyn Enright asked the Minister for Education and Science if a request for a special needs assistant will be granted to a person (details supplied) in County Offaly; the other services that are available to this person, if the request will not be sanctioned; and if she will make a statement on the matter. [19950/07]
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.
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.
703 Deputy Tom Hayes asked the Minister for Education and Science if physical educational hall facilities will be approved for a school (details supplied) in County Tipperary. [19951/07]
I can confirm to the Deputy that the school to which he refers has applied for major capital funding for a PE Hall. It is not clear as to whether or not the school also requires mainstream accommodation. This matter is being clarified with the school authority. Once the relevant information has been received, the application will be assigned a band rating under the prioritisation criteria for large scale building projects and progress will be considered in the context of the multi-annual school building and modernisation programme.
704 Deputy Olwyn Enright asked the Minister for Education and Science when funding will be granted for an extension to a school (details supplied) in County Westmeath; and if she will make a statement on the matter. [19983/07]
The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism.
I am pleased to advise the Deputy that discussions have already started on the matter. Once these discussions have been finalised, my department will be in a position to consider the application for the extension.
705 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to the payment of capitation grants for the gaelscoileanna; if same will be increased in line with other schools; and if she will make a statement on the matter. [20016/07]
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 1st 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.
The capitation grant is in addition to the Ancillary Services Grant which provides additional funding for primary schools towards the cost of secretarial and caretaking services. The standard rate of grant per pupil under the scheme was increased from €102 per pupil in 2002 to the current rate of €145.50 per pupil. This Government has shown a strong commitment to improving primary school funding in recent years and I will continue to prioritise this area in the context of available resources.
706 Deputy John Curran asked the Minister for Education and Science if her attention has been drawn to the fact that visually impaired students ordering books in braille before the summer break from a company (details supplied) did not receive them before school returned in September 2007; and if she will take steps to ensure that all visually impaired students who require school books in braille and order them before the summer break would have them supplied in full when returning to school in September. [20022/07]
As the Deputy may be aware, the National Braille Production Centre (NBPC), an integral part of the services provided by St. Joseph's School for the Visually Impaired in Drumcondra, Dublin, was established in 2000 to provide blind/visually impaired pupils at first and second level with textbooks in braille and other alternative formats. The NBPC produces educational materials in braille, large print format and text only for children who are blind or visually impaired. It is an essential service to children and young people who are blind or visually impaired and without it many of them would not be able to access mainstream education or be able to undertake the Junior and Senior Cycle examinations.
My Department's Visiting Teacher Service for the Visually Impaired (VTVI) has a significant role to play in the process of ordering books or materials on behalf of a particular pupil/student. In 2006, a protocol was agreed between the NBPC and the VTVI regarding the provision of educational materials in alternative formats.
Due to the technical processes involved, the NBPC requires a significant notice period in relation to orders for the materials in question. In the case of late orders or other unforeseen circumstances where a delay occurs in the provision of books, officials from the NBPC, in conjunction with the parents of the pupil/student and the VTVI, work together to establish solutions to provide the books in a timely manner. It is accepted practice generally that the Braille books are delivered in volumes throughout the school year, due to the lengthy transcription process.
707 Deputy Pat Breen asked the Minister for Education and Science the status of an application for a person (details supplied) in County Clare; and if she will make a statement on the matter. [20032/07]
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 to schools to support children with special needs. The SENOs also make recommendations to my Department in relation to assistive technology which may be required by children with certain special educational needs. 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.
708 Deputy Michael Ring asked the Minister for Education and Science if she will abolish the cap on the educational programmes for settled travellers to ensure that those who wish to continue their education will be accommodated; and if she will make a statement on the matter. [20043/07]
Senior Traveller Training Centres (STTCs) were established in 1974 to provide basic compensatory education for Travellers between the ages of 15 and 25, although the upper age limit has since been abolished. There is a network of thirty-three centres throughout the country catering for just over 1,000 learners. The Senior Traveller Training programme is a positive affirmative action by the Department of Education and Science which seeks to provide an opportunity for members of the Traveller community and other learners to: engage in a programme of learning that affirms their cultural identity; acquire the knowledge, skills and confidence to participate fully in society — Traveller community and settled community — enhance their employability and progress to further education, training, employment or other life choices.
The target group is people over 15 years who have left school with either minimal or no qualifications. Particular effort is made to encourage parents on to the programme, given the impact this can have on their children's subsequent participation in mainstream primary and post-primary education.
The centres have been successful in imparting the essential skills of literacy, numeracy, social and life skills, woodwork, metalwork and home economics, among many others, for Travellers who have left school after primary level or who may not have gone to school at all. Many adult Travellers are now availing of second chance education in these centres. They recognise the value education provides in the context of breaking the cycle of educational and social disadvantage that their community has experienced for many years.
The programme is designed to be two years long encompassing a foundation and a progression phase. In exceptional circumstances learners may attend the programme for three years, if for example they are completing the Leaving Certificate Applied.
After completing their programme in a STTC, a learner has the option of progressing on to other Further Education and training courses provided by the VEC or FAS in their area. These courses may include the part time Back to Education Initiative, full-time Post Leaving Certificate courses, or they may chose from a number of FAS options. A learner during their time in the centre and on completion of a programme at a STTC, can avail of the Adult Educational Guidance service in a VEC to explore options in terms of progression to further education and training.
709 Deputy Michael Ring asked the Minister for Education and Science when the qualifications of a person (details supplied) in County Mayo will be fully recognised by the salary section of her Department. [20044/07]
The teacher in question is being paid at the appropriate point on the salary scale and is being paid the appropriate qualification allowances. Arrears due for substitute teaching undertaken in 2006/07 will issue in October.
710 Deputy Michael Ring asked the Minister for Education and Science when a decision will be made on a third level grant appeal for a person (details supplied) in County Mayo. [20045/07]
A reply has issued from the Higher Education: Equity Of Access unit of my Department in respect of a Notice of Appeal submitted from the candidate referred to by the Deputy.
711 Deputy Michael Ring asked the Minister for Education and Science if she will set out a plan for action in her Department in the areas identified in A Vision for Change; if so, when; and if she will make a statement on the matter. [20046/07]
712 Deputy Michael Ring asked the Minister for Education and Science the steps she has taken to implement the recommendations in A Vision for Change, the 2006 mental health policy; and if she will make a statement on the matter. [20047/07]
I propose to take Questions Nos. 711 and 712 together.
The education of children with special educational needs is a key policy priority for the Government. Much has been done in this area in terms of delivering additional teaching and care supports.
The report in question is wide ranging and makes many recommendations in relation to the development of mental health policy generally as well as a number of specific recommendations concerning education. These recommendations are being considered at present.
713 Deputy Pat Breen asked the Minister for Education and Science the status of an application by a school (details supplied) in County Clare; and if she will make a statement on the matter. [20085/07]
The application for recognition from the school referred to by the Deputy is under consideration.
714 Deputy Olwyn Enright asked the Minister for Education and Science the number of school amalgamations that have taken place in the past ten years; the trusteeship of said schools; and if she will make a statement on the matter. [20086/07]
The information sought by the Deputy is not readily available in the format requested. However, should the Deputy require information in relation to a specific school, or schools, I would be happy to arrange to have this provided.
715 Deputy Olwyn Enright asked the Minister for Education and Science the number of post primary schools here; the breakdown of the number of post primary school level schools in each category, voluntary, secondary, community school, community college and comprehensive; and if she will make a statement on the matter. [20087/07]
The overall total number of post-primary schools for the 2006/07 school year was 733. The breakdown of the number of schools per sector was as follows: 394 Voluntary Secondary; 248 VEC Schools including Vocational Schools and Community Colleges; 77 Community Schools; and 14 Comprehensive Schools.
716 Deputy Michael Ring asked the Minister for Education and Science the reason her Department is depriving small builders of applying for contracts for Departmental building work (details supplied); and if same has a legal standing. [20088/07]
717 Deputy Michael Ring asked the Minister for Education and Science if the system for contractors applying for the tendering of projects will be changed (details supplied). [20089/07]
I propose to take Questions Nos. 716 and 717 together.
Contracting Authorities have an obligation to ensure that, as part of suitability assessment for placing on tender lists for projects, Contractors have adequate economic and financial capacity.
One of the key criteria for assessing financial and economic capacity is the average annual turnover of the contracting company over the previous three years. The purpose of this is to ensure that the firm has adequate capacity and will not be overstretched if it is successful in winning the tender competition.
My Department's Technical Guidance Document (TGD) 014, Guidance for the pre-selection of Contractors for Capital Works Projects, sets an average annual turnover requirement of 2 to 2.5 times the estimated Contract value. As very few of the projects for which small to medium contractors would be applying would exceed 12 months in duration, in practical terms what this requirement means is that any firm applying would be capable of taking on two projects of similar size at the same time. This is not unreasonable.
The contract periods on this Department's projects are set at a reasonable level in compliance with health and safety requirements; however, there is usually a strict requirement to meet the completion date in order to comply with school term times. This imposes a requirement on the contractor to carefully programme the project to ensure timely delivery. Where a Contractor does not have adequate economic and financial capacity and is consequently overstretched, he/she may not be able to meet these targets.
It will be noted from my Department's website that TGD014 is due to be reviewed in the near future and my Department's Building Unit will re-examine the turnover requirements as part of that review; however, it is not anticipated that there will be any major change.
I should mention that in addition to major projects I approve hundreds of smaller building projects each year, most of which could be tendered for by smaller builders. For 2007 I approved over 1,100 projects under the Summer Works Scheme, together with 250 projects under the Small Schools and Permanent Accommodation Schemes. In addition approximately 500 projects have been approved under the Emergency Works Scheme.
718 Deputy Tom Hayes asked the Minister for Education and Science the position regarding an application by a school (details supplied) in County Tipperary for additional facilities. [20099/07]
As the Deputy is aware, the school to which he refers is amalgamating with another in the area. It necessary for the Department to purchase additional land to enable a building project to facilitate this development. This process is on-going. Progress on the building project itself will be considered in the context of the multi-annual school building and modernisation programme when the land has been acquired.
719 Deputy Michael Ring asked the Minister for Education and Science the progress made to date in relation to a site for a school (details supplied) in County Mayo. [20100/07]
720 Deputy Michael Ring asked the Minister for Education and Science when a school (details supplied) in County Mayo first looked for a site for their school. [20101/07]
721 Deputy Michael Ring asked the Minister for Education and Science if a site for a school (details supplied) in County Mayo has been identified. [20102/07]
722 Deputy Michael Ring asked the Minister for Education and Science when a school (details supplied) in County Mayo can expect the building of their new school to commence. [20103/07]
I propose to take Questions Nos. 719 to 722, inclusive, together.
The Property Management Section of the Office of Public Works (OPW), which acts on behalf of my Department in relation to site acquisitions generally, has been requested to source a site for this Gaelscoil. On foot of advertising, a number of sites have been identified and a technical assessment of the sites on offer has been completed. The matter is now with their Valuation Unit. My Department now awaits OPW's report on the proposed sites.
Once a suitable site has been secured, the project will then be considered in the context of the School Building and Modernisation Programme.
723 Deputy Michael Ring asked the Minister for Education and Science if she will reply to correspondence (details supplied). [20112/07]
I can confirm that my Department is aware of the correspondence referred to by the Deputy. The issues raised by the person in question are currently being considered and a response will issue shortly.
724 Deputy Pat Breen asked the Minister for Education and Science the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [20122/07]
Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if he or she resides 4.8 kilometres or more from her or his local post primary education centre.
The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.
The Transport Liaison Officer for Co. Clare and Bus Éireann have advised that the pupil referred to by the Deputy has been issued with a catchment boundary ticket for this service. However, I must emphasise the concessionary basis on which the ticket has been issued and the family is advised to liaise with Bus Éireann on a regular basis regarding the continued availability of catchment boundary seats.
725 Deputy Pat Breen asked the Minister for Education and Science the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [20123/07]
Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if he or she resides 4.8 kilometres or more from her or his local post primary education centre.
The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport.
These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.
The Transport Liaison Officer for Co. Clare and Bus Éireann have advised that the pupil referred to by the Deputy has been issued with a catchment boundary ticket for this service. However, I must emphasise the concessionary basis on which the ticket has been issued and the family is advised to liaise with Bus Éireann on a regular basis regarding the continued availability of catchment boundary seats.
726 Deputy Róisín Shortall asked the Minister for Education and Science if she will review the decision by her Department not to allocate an extra teacher to a school (details supplied) in Dublin 11, which currently has class sizes in excess of 40; and her plans to address this issue as a matter of urgency with a view to bringing class sizes down to an acceptable level. [20137/07]
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.
According to data submitted to my Department by the Board of Management of the school referred to by the Deputy, the enrolment in the school on 30th September 2006 was 377 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my 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.
The school also has the following other posts for the 2007/2008 school year. These are: 3 Learning Support/Resource Posts; 1 Temporary Resource Teacher for Travellers Post Shared, with this post is based in the school.
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 my Department's website. Hard copies of this circular have issued to primary schools.
The Appeal Board meets holds three meetings per year to consider appeals. Meetings of the Board were held in May and July 2007 and a further meeting will be held on 23 October, 2007. The closing date for receipt of appeals for that meeting is the 12 October 2007. 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 Appeal Board operates independently of the Minister and the Department and its decision is final.
727 Deputy Brian Hayes asked the Minister for Education and Science her educational plan for a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [20146/07]
As the Deputy may be aware, my Department's position is that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs. Applied Behavioural Analysis, or ABA, is one of the methodologies used in special classes for children with autism.
Advice received from international experts on autism, NEPS and the Inspectorate inform my Department's view that a range of approaches should be used, rather than just one. An analysis of research — including the report of the Irish Task Force on Autism — supports this approach too, while Autism societies in other countries also caution against relying on just one method.
Children in special classes have the benefit of fully-qualified teachers who are trained in educating and developing children generally and who have access to additional training in autism-specific approaches, including ABA. The level of such training available to teachers has improved dramatically in recent years and is a major priority for my Department.
As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for the establishment of special classes for autism and 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.
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.
728 Deputy Michael Ring asked the Minister for Education and Science if persons (details supplied) in County Mayo will be picked up at their home. [20147/07]
The persons referred to by the Deputy are availing of a school transport service within the school transport scheme guidelines. In the circumstances, an extension to the existing service is not proposed.
729 Deputy Finian McGrath asked the Minister for Education and Science if assistance will be given to a school (details supplied) in Dublin 5. [20194/07]
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.
According to data submitted to my Department by the Board of Management of the school referred to by the Deputy, the enrolment in the school on 30th September 2006 was 271 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my 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 10 mainstream class teachers. This is an increase from a mainstream staffing in the 2006/07 school year of a Principal and 9 mainstream class teachers.
The school also has the following other posts for the 2007/2008 school year:
1Permanent Disadvantaged Concessionary Post
3Learning Support/Resource Posts
1Permanent Special Class Post
1Permanent Resource Post
2Permanent School Support Programme Posts
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 my Department's website. Hard copies of this circular have issued to primary schools.
The Appeal Board meets holds three meetings per year to consider appeals. Meetings of the Board were held in May and July 2007 and a further meeting will be held on 23 October, 2007. The closing date for receipt of appeals for that meeting is the 12 October 2007. 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 Appeal Board operates independently of the Minister and the Department and its decision is final.
730 Deputy Brendan Howlin asked the Minister for Education and Science if her attention has been drawn to the fact that a school (details supplied) in County Wexford is awaiting sanction for the installation of fencing following completion of its new premises; her views on whether, without fencing, the premises is not secure for the pupils attending the school; if she will ensure that her Department sanctions the installation of fencing at this school without further delay; and if she will make a statement on the matter. [20198/07]
My Department recently wrote to the management of the school in question agreeing, in principal, to the provision of boundary fencing. The school has been asked to request its Design Team to provide detail of the additional costs involved.
731 Deputy Finian McGrath asked the Minister for Education and Science the position regarding pupils in community secondary schools who have to remain in the same stream even if there academic performances improve; and if she will end this practice. [20205/07]
In general, the view of my Department and the evidence from research in Ireland and internationally is that mixed-ability classes are preferable, particularly in the junior cycle. This issue is dealt with through provision by the Second Level Support Service of whole-school inservice on mixed-ability teaching, through the work under the School Development Planning Initiative, through the ongoing work of the Inspectorate in evaluation and quality enhancement, and through dissemination of research findings of the ESRI/NCCA Report. An information leaflet for schools and parents summarising the key findings and recommendations of the research has been launched, and this will inform school practice and planning.
The Report by ESRI/NCCA examines the experiences of students in their first year at post-primary school. It shows that although students have both positive and negative feelings about moving to a new school, most students settle into post-primary school quickly.
Among the findings in the report are the possible negative effects that streaming of students by ability may have on how students settle into school. It is encouraging that the research indicates that the prevalence of streaming in first year is declining, and that the great majority (70 per cent) of schools surveyed used mixed-ability classes in first year with 16 per cent using banding and only 14 per cent using streaming.
We should keep in mind that "streaming" can take different forms and that sometimes different ability groupings may be helpful for the individual pupils at a later stage in their education. For example various syllabi are available at Higher, Ordinary and Foundation levels and it may be appropriate for classes to be organised along these lines.
Schools have discretion in how they organise their classes, and this is essentially an organisational issue for principals and school boards of management. The School Development Planning Initiative, supported by a full time support service, has an important role in advising schools on this matter with a view to achieving the best organisational arrangement for all pupils.
732 Deputy Joe Costello asked the Minister for Education and Science if she will set up a task force to examine the provision of accommodation for third level students; the number of dedicated student accommodation units available in each of the towns and cities which have third level institutions; when the tax incentives for purpose built student accommodation will expire; and if she will make a statement on the matter. [20221/07]
The matter of establishing a task force to examine the provision of accommodation for third level students is a matter for my colleague the Minister for Environment, Heritage and Local Government.
My Department does not maintain data relating to the number of dedicated student accommodation units available locally or nationally. Such information is, however, likely to be available at each individual higher education institution.
The qualifying period for incurring construction expenditure on student accommodation under the Section 50 tax incentive scheme for student accommodation is 31st July 2008 subject to certain conditions being met. The tax incentive will continue for 10 years from the date the property is first let to students.
733 Deputy Joe Costello asked the Minister for Education and Science if her attention has been drawn to the fact that over 5,000 primary school trainee teachers must fund all of their teaching practice resource materials and that the average cost per student of such materials is €350; if she will introduce a scheme to subsidise the cost of the resource materials; and if she will make a statement on the matter. [20222/07]
744 Deputy Bernard J. Durkan asked the Minister for Education and Science if she has received correspondence from a person (details supplied); if favourable consideration will be given regarding teaching practice expenses for trainee primary school teachers; and if she will make a statement on the matter. [20280/07]
769 Deputy Róisín Shortall asked the Minister for Education and Science the steps she is taking to ensure that the substantial costs applying to student teachers associated with their work are met by her Department; the provision that is currently made by her Department for materials and other such costs; her plans to introduce an additional subsidy to fully meet these costs; and if she will make a statement on the matter. [20570/07]
776 Deputy Olwyn Enright asked the Minister for Education and Science if she has plans to address the issue of teaching practice expenses for trainee primary school teachers; her views on the matter; and if she will make a statement on the matter. [20609/07]
I propose to take Questions Nos. 733, 744, 769 and 776 together.
Teacher education programmes provided in approved third level institutions, are recognised for the purposes of the Higher Education Grants Scheme. Under the terms of the Scheme, grant holders who are required to participate in off-campus placement, including teaching practice, as part of their course of study, continue to receive their entitlements during such period.
My Department funds four maintenance grant schemes for third level and further education students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means and nationality.
An approved third level course for the purpose of the HEG and the VEC Scholarship Schemes means a full-time undergraduate course of not less than two years duration and a full-time postgraduate course of not less than one year's duration pursued in an approved institution. The Schemes outline the respective courses which are approved for grant purposes.
In addition, my Department allocates funding each year to third level institutions under the Student Assistance Fund. This fund is available to assist students who may be experiencing difficulties in continuing their studies due to financial hardship. The disbursement of this funding is a matter for individual institutions in line with guidelines issued by my Department.
My Department annually reviews the amount of grant payable under the Schemes, taking into account the cost of living index and other relevant factors.
There are no plans, at present, to introduce any additional scheme of financial assistance for trainee teachers.
734 Deputy Damien English asked the Minister for Education and Science the reason a person (details supplied) in County Meath will not receive a higher education grant for 2007-08; if this position can be reversed; and if she will make a statement on the matter. [20224/07]
The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.
If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.
Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.
Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.
735 Deputy Phil Hogan asked the Minister for Education and Science if all inquires have been completed in respect of a school (details supplied) in County Kilkenny, which have been ongoing for almost seven years; the timescale for the conclusion of all matters relating to the inquiry in the interest of the school and pupils; and if she will make a statement on the matter. [20225/07]
I established a inquiry in February 2006. The inquiry officer has indicated to my Department that he expects to be in a position to complete his inquiry and to submit a report before the end of this year.
736 Deputy Michael Ring asked the Minister for Education and Science the reason a person (details supplied) in County Mayo was not allowed to put a booster seat on a school bus for their eight year old child; and the reason the person was stopped putting the booster seat on the bus in view of the fact that his Department does not supply the necessary booster seat. [20227/07]
The Road Safety Authority has informed my Department that the law in relation to the use of safety restraint systems in buses reflects the requirements in relation to these vehicles as set down in EU Directives 91/671/EEC and 2003/20/EC relating to the compulsory use of safety belts and child restraint systems in motor vehicles. The Directives do not require the provision of child restaint systems for children travelling on buses fitted with safety belts. Under the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006), occupants of buses who are 3 years of age or more must wear safety belts where they are fitted.
737 Deputy Michael Ring asked the Minister for Education and Science the reports that have been carried out and the investigations undertaken in respect of safety on school buses; the recommendations that were made; if she will provide a copy of those recommendations to this Deputy; and if she will make a statement on the matter. [20228/07]
Issues relating to the safety, roadworthiness and testing of vehicles, including school buses, are a matter for my colleague, the Minister for Transport.
738 Deputy Michael Ring asked the Minister for Education and Science if there is discrimination against lone parents in the third level grant scheme, when for reasons of support other than financial support the applicant lives at home with their parents, has their own income, is of an age to be considered an independent mature student but is still deemed to be assessed on their parents reckonable income for third level grant purposes; if this is legal; if it is discrimination; her plans to change this anomaly; and if she will make a statement on the matter. [20229/07]
For the purposes of determining grant eligibility under my Department's Maintenance Grants Schemes, reckonable income is defined for the purposes of the 2007 Scheme as all amounts received or receivable by an individual without reference to his/her residence or domicile, from both Irish and foreign sources, which are liable to Irish Income Tax, Irish Capital Gains Tax or Irish Capital Acquisitions Tax, or which would be so liable but for exemptions and reliefs contained in Irish legislation, and corresponding amounts received or receivable by individuals resident in another EU Member State which are liable to Income Tax, Capital Gains Tax, Inheritance or Gift Taxes of that State, or which would be so liable but for exemptions and reliefs contained in the legislation of that State.
The candidate's reckonable income for the purposes of the means test is his/her gross income from all sources and the gross income of his/her parents or guardians, where applicable, with certain specified Social Welfare and Health Service Executive Payments being exempt. Grant assistance may not be awarded in any case where the reckonable income exceeds the prescribed income limits for the award of a grant.
Mature students are categorised as either "independent mature students" or "mature students dependent on parents". An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his/her parents from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address.
When assessing the means of students other than independent mature students, the students' means and those of their parents /guardians must be below a prescribed limit. This provision requires that parental income be taken into account irrespective of the individual circumstances.
In the details presented by the Deputy, grant applicants who are lone parents residing with their parents are assessed with reference to both the parental address and income.
The provisions in the Higher Education Grant Schemes, in respect of mature students, are provided for in the Local Authorities (Higher Education Grants) Act, 1992.
739 Deputy Michael D. Higgins asked the Minister for Education and Science if she proposes to recognise a school (details supplied) in County Galway; and if she proposes to secure a site for this school. [20232/07]
The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism.
I am pleased to advise the Deputy that discussions have already started on the matter.
740 Deputy Finian McGrath asked the Minister for Education and Science if she will assist persons (details supplied) in Dublin 5. [20251/07]
My Department has sanctioned a transport service for the pupil referred to by the Deputy. Bus Éireann, which operates the school transport service on behalf of my Department, has advised that the service commenced on Monday, 17th September, 2007.
741 Deputy Michael Ring asked the Minister for Education and Science the reason a letter (details supplied) which was sent to the chief executive of Mayo VEC on 3 July 2007 has not been responded to. [20255/07]
742 Deputy Michael Ring asked the Minister for Education and Science the position with regard to the temporary post for a school (details supplied) in County Mayo filled by Mayo VEC; if two salaries were paid for the post up to August 2007 even though only one person was actually carrying out the work; and if she will make a statement on the matter. [20256/07]
I propose to take Questions Nos. 741 and 742 together.
The terms and conditions of employment of teachers employed by the Vocational Education Committee (VEC) are a matter for the VEC concerned, subject to current employment legislation and to agreed procedures.
My Department has been in contact with the VEC concerned and I understand the CEO will write to the Deputy on this issue.
743 Deputy Bernard J. Durkan asked the Minister for Education and Science if discussions have taken place between her Department, officials or representatives of the special needs assistants in respect of contracts and terms and conditions of employment for the term beginning September 2007; the outcome of same; and if she will make a statement on the matter. [20279/07]
Revised contracts of employment and terms and conditions of employment were agreed for Special Needs Assistants employed in primary and post primary schools in June 2005.
Officials from my Department and representatives of Special Needs Assistants meet on a regular basis in relation to matters arising from that agreement in line with normal industrial relations procedures.
The implementation of the terms of the contracts and the conditions of employment agreed in June 2005 is a matter for Boards of Management of schools who are the employers of special needs assistants.
745 Deputy Bernard J. Durkan asked the Minister for Education and Science her proposals to increase the number of teachers at a school (details supplied) in County Kildare as currently the senior infants class has 34 pupils to one teacher; and if she will make a statement on the matter. [20281/07]
863 Deputy Bernard J. Durkan asked the Minister for Education and Science the action that has been taken to reduce pupil-teacher ratio in the classroom at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21155/07]
I propose to take Questions Nos. 745 and 863 together.
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.
According to data submitted to my Department by the Board of Management of the school referred to by the Deputy, the enrolment in the school on 30th September 2006 was 432 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my 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 16 mainstream class teachers. This is an increase from a mainstream staffing in the 2006/07 school year of a Principal and 15 mainstream class teachers.
The school also has the following other posts for the 2007/2008 school year:
3 Permanent Learning Support/Resource Posts
1 Permanent Special Class Post
3 Temporary Language Support Posts
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.
Based on data submitted to my Department the school referred to by the Deputy has been sanctioned a developing school post for the 2007/08 school year based on a projected enrolment of 458 pupils for the 30th September 2007. The school authorities were notified of this in a letter dated 3 July 2007.
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 Appeal Board meets holds three meetings per year to consider appeals. Meetings of the Board were held in May and July 2007 and a further meeting will be held on 23 October, 2007. The closing date for receipt of appeals for that meeting is the 12 October 2007. 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 Appeal Board operates independently of the Minister and the Department and its decision is final.
746 Deputy Tony Gregory asked the Minister for Education and Science further to the recent report on gender in education here (details supplied), the steps she is taking to ensure that such information will be made available in the context of gender equity; and if she will make a statement on the matter. [20381/07]
The data referred to by the Deputy were recently published by my Department in a publication entitled Sé-Sí: Gender in Irish Education. The publication made use of existing administrative sources of information in line with recommendations of the Central Statistics Office in its Statistical Potential of Administrative Records (SPAR) published in 2003.
My Department is currently reviewing all data needs and sources across the Department and its associated agencies with a view to identifying priorities as part of a Department Data Strategy. At this stage, no final decision has been made with regards to which areas will be prioritised within existing resources and taking account of the overall data burden on schools and agencies providing information.
747 Deputy Tony Gregory asked the Minister for Education and Science if the Education for Persons with Special Education Needs Act 2004 applies to Youthreach centres; if the National Council for Special Education has specific responsibility for determining the needs of students with special education needs in such centres; and if she will make a statement on the matter. [20382/07]
To cater for the special educational needs of Youthreach learners, the majority of whom are early leavers from post-primary schools, my Department has resourced Youthreach to address special education needs since 2006. In 2006 general continuous professional development training in relation to special educational needs was provided to all staff. Based on the findings of this programme, my Department has funded since early 2007 a pilot initiative to support the special educational needs of learners in Youthreach. It is operating in 20 centres this year.
The purpose of the initiative is;
To allow for a measured systematic development of professional practice in special education needs support in centres and
To introduce the practices of profiling and assessment into each centre, development of individual learning plans for each student, establishment of a mentoring support system and engagement in inter-agency work as required for each student.
The initiative has taken a whole centre approach and the needs of all learners are identified using a profiling model.
This pilot initiative is currently being evaluated to determine best practice. Based on the results of the evaluation my Department will decide on the most appropriate way to cater for Youthreach learners, having regard to available funding.
The Education for Persons with Special Educational Needs Act applies to all children including those attending Youthreach Centres. The commencement of the various sections of the act is under examination in the context of the Implementation Report drawn up by the National Council for Special Education which outlined the steps the Council consider should be taken to facilitate the implementation of the EPSEN Act, on a phased basis leading up to 2010.
748 Deputy Finian McGrath asked the Minister for Education and Science if a project (details supplied) will be assisted in respect of their funding complications. [20404/07]
The European Commission funds the Comenius school education programme which is administered in Ireland by Leargas, the Exchange Bureau, on behalf of my Department.
As a renewal application for this project was not received by Leargas from the school, it is not eligible for funding under European Commission guidelines.
The European Commission is responsible for all project funding in relation to Comenius and it would not be appropriate for my Department to fund such projects.
749 Deputy Michael D. Higgins asked the Minister for Education and Science if she will ensure that correspondence of a person (details supplied) in Dublin 8 is responded to by her Department’s student support unit as this matter has been outstanding for some time. [20407/07]
I have made enquiries with officials in my Department and I wish to advise the Deputy that the corespondence referred to is under review and a reply will shortly issue directly to the applicant.
750 Deputy Damien English asked the Minister for Education and Science the reason a person (details supplied) has been refused a place on the school transport scheme for 2007-08; if she will review this decision in order that this pupil can avail of the school transport scheme; and if she will make a statement on the matter. [20408/07]
Under the terms of the Post Primary School Transport Scheme, a pupil is eligible for school transport if s/he lives 4.8 kilometres or more from the post-primary centre in the catchment area in which s/he resides.
Pupils who reside less than 4.8 kilometres from the post-primary centre may apply for concessionary transport. Such transport is provided where spare seats are available on a service after all eligible pupils have been accommodated. Concessionary transport is not guaranteed for a pupil's educational cycle and must be applied for on a term-by-term basis.
The pupil referred to by the Deputy in the details supplied is classed as a concessionary pupil. Bus Éireann and the Transport Liaison Officer for Co. Meath have advised that there are currently no spare seats on the existing service.
The family in question should liaise with their local Bus Éireann office regarding the availability of concessionary transport in the future.
751 Deputy Paul Connaughton asked the Minister for Education and Science the reason a person (details supplied) in County Galway will not receive a higher education grant; if her attention has been drawn to the fact that the person is registered blind and due to this needs additional time to complete their masters; and if she will make a statement on the matter. [20429/07]
The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.
In respect of the case referred to by the Deputy Clause 7.2 of both the Higher Education Grant Scheme and the Vocational Education Committees' Scholarship Scheme states the following: -"A grant is tenable for the normal duration of the approved course and is renewable annually subject to satisfactory attainment and the approval of the Local Authority [VEC], subject to the terms of Clause 7.6. Grants may not be paid in respect of a repeat year of study on the same course. A Local Authority [VEC] shall have discretion to waive this provision in exceptional circumstances, such as certified serious illness."
I would also like to refer the Deputy to Clause 7.7 of the same schemes which includes the following:-"Grant aid for postgraduate students shall be limited to a maximum of four years."
752 Deputy Shane McEntee asked the Minister for Education and Science her proposals to meet the future accommodation needs of schools (details supplied) in County Meath; the timeframe for the building of new schools; and if she will make a statement on the matter. [20434/07]
The Department is in receipt of applications for major extensions at the schools to which the Deputy refers. These applications have been assessed and agreement reached with the school authorities on their long-term accommodation needs.
Technical assessments of the school sites will be carried as the next step. Thereafter, progress on the projects will be considered in the context of the multi-annual School Building and Modernisation Programme.
753 Deputy Paul Connaughton asked the Minister for Education and Science the reason a person (details supplied) has not been offered their job back; the reason her Department have not contacted the person in recent months to outline the position to them; and if she will make a statement on the matter. [20468/07]
The position is that teachers are allowed a maximum of 365 days paid sick leave in a consecutive period of four years. In this regard the person to whom the Deputy refers has exhausted his entitlement to paid sick leave under Departmental Regulations. He is at this time on unpaid sick leave approved by his employer, the Board of Management of the Post-Primary School in question.
In March 2007 the Secretary General of the European Schools advised my Department that the person's secondment to the European School in Bergen should be regarded as having terminated. My Department is corresponding with the Bureau of the European Schools in relation to this and contact will be made with the person concerned with any further information.
754 Deputy Bernard J. Durkan asked the Minister for Education and Science if extra educational facilities such as one to one teaching will be offered to a person (details supplied) in County Kildare with a view to meeting the concerns of their parents and ensuring the best possible educational environment for the children; if she will ensure same; and if she will make a statement on the matter. [20480/07]
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.
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.
755 Deputy Edward O’Keeffe asked the Minister for Education and Science the reason a person (details supplied) in County Cork has not received the school bus grant for year ending 2006/2007. [20491/07]
A grant payment will issue to the person referred to by the Deputy within the next 2 to 3 weeks.
756 Deputy Bernard Allen asked the Minister for Education and Science the reason Bus Éireann have stated that they are prevented because of regulation from granting school transport to a person (details supplied) in County Cork; and if she will make a statement on the matter. [20497/07]
Under the terms of the Primary School Transport Scheme, children are eligible, subject to conditions, for free transport to their nearest national school or school of amalgamation. Pupils not attending their nearest national school may avail of concessionary fare-paying transport to another school, provided:
(a) the written agreement of the board of management of the nearest school is secured;
(b) there are spare seats available on the bus; and
(c) no extra State cost is incurred by extending or re-routing the service.
The family referred to by the Deputy should liaise with their local Bus Éireann office to establish whether they may avail of fare-paying transport on the foregoing terms.
757 Deputy Niall Collins asked the Minister for Education and Science if she will confirm the catchment a school (details supplied) in County Limerick belongs to. [20498/07]
758 Deputy Niall Collins asked the Minister for Education and Science the present position on projects (details supplied) in County Limerick. [20499/07]
I propose to take Questions Nos. 757 and 758 together.
The school to which the Deputy refers is situated in the Croom catchment area. The Programme for Government includes a commitment to review the school transport scheme, including catchment boundaries. My Department is currently considering how best to progress this task. In addition, my Department also intends to publish an Area Development Plan for Limerick city and its environs. This will cover educational provision in the city and surrounding area factoring in the existing education provision in Shannon, Askeaton, Pallaskenry, Croom and Newport. The timescales for this plan have not been finalised. When the timescales are clear, I will notify the Deputy.
759 Deputy Charlie O’Connor asked the Minister for Education and Science her plans to make funds available to primary schools for the provision of computers; and if she will make a statement on the matter. [20504/07]
As the Deputy will be aware, the National Development Plan 2007-2013 provides for investment of €252m in the ICT in Schools Programme and I will be publishing a comprehensive new strategy for ICT in Schools covering the period to 2013.
I appointed a Strategy Planning Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I have asked the Strategy Planning Group to look at the critical success factors for those schools that are successfully integrating ICT into their teaching and learning and to take account of the full range of educational supports and funding available to further the integration of ICT into teaching and learning.
I expect to receive the Strategy Planning Group's recommendations shortly and it is my intention to build on the recent investment in the provision of networking grants to schools and the Schools Broadband Access Programme in developing the new ICT Strategy, based on the investments outlined in the NDP.
760 Deputy Thomas P. Broughan asked the Minister for Education and Science if she will ensure that urgently necessary computer information and communications technology equipment is immediately installed at a school (details supplied) in Dublin 13; and if she will make a statement on the matter. [20508/07]
As the Deputy will be aware, I intend to publish a new ICT Schools Strategy which will aim to develop an e-Learning culture in schools that will ensure that ICT usage is embedded in teaching and learning across the curriculum. It will address teacher professional development, the maintenance of a national broadband network for schools, technical maintenance and support requirements and the upgrading and renewal of hardware along with the provision of software and digital content for learning. This new Strategy will be supported by the investment of €252m which is provided in the National Development Plan for the ICT in Schools Programme.
I appointed a Strategy Group to advise on the prioritisation of measures under this investment and I expect to receive the Group's recommendations shortly. The new Strategy will build on the recent investment made in providing grants to schools to enhance their internal networking facilities and in providing broadband connectivity to all schools.
Turning to the position of the school in question, my officials have advised that the school has confirmed its expenditure on upgrading its networking facilities and that its broadband connectivity is operational. The school has recently installed 16 new computers and ancillary equipment, funded from its own resources.
761 Deputy Thomas P. Broughan asked the Minister for Education and Science if she will review the effectiveness of the implementation of the schools broadband connectivity policy; the way her Department monitors the usage of Departmental grants for schools broadband and the installation of broadband in primary and post-primary schools; and if she will make a statement on the matter. [20509/07]
The Schools Broadband Access Programme is being undertaken in partnership with industry. The Agreement with IBEC/TIF (Telecommunications and Internet Federation) provides for a three year €18m joint Fund, with industry contributing €5 million per annum and the Government contributing €1 million per annum, and meets the costs of schools local connectivity. The broadband connectivity is being provided via a Schools National Broadband Network supported by HEAnet, which provides managed Internet access, security controls, content filtering and other services designed to enhance the educational process. A Broadband Support Service Desk has also been established to assist schools with advice and information relating to the roll-out and ongoing use of their broadband connectivity within the schools network.
Following a public tendering process, contracts were finalised in 2005 with six Service Providers for the provision of local access connectivity to schools and with a further Provider for the installation of a broadband router at school level where appropriate. Roll out of the local connectivity and router installation commenced in June 2005. The installation process has two stages starting with the local broadband connectivity installation (involving DSL, satellite or wireless technology) followed by the installation of a high-speed router and circuit and acceptance testing. A school then must confirm that it has an Acceptable Use Policy (AUP) in place and it must indicate which content filtering option it requires prior to the activation of the school's connectivity via the Schools National Broadband Network. The costs associated with the Project are paid by my Department directly so there are no grants issuing to schools for broadband services.
HEAnet has established a Network Operations Centre to channel and control the broadband access to schools and it provides centrally managed services for schools such as security, anti-spam/ anti-virus and content filtering. The national helpdesk and HEAnet work with the individual schools and service providers involved to address service issues on an on-going basis. Having regard to the usage levels observed by HEAnet, my Department has recently procured additional bandwidth from its two satellite providers which should result in improved broadband connection speeds for schools on this portion of the Schools Broadband Network. My Department will also be tendering for a programme evaluator to independently evaluate the deployment of broadband access to schools and the impact of such deployment within schools over the period of the Schools Broadband Access Programme.
762 Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the proposed amalgamation of schools (details supplied) in County Galway; if sites have been agreed for both projects; and if she will make a statement on the matter. [20512/07]
An agreement was reached by the respective Patrons to rationalise provision of post-primary provision in the Tuam area to establish a single boys' and a single girls' school. The actual amalgamation in each case is dependent on the availability of suitable accommodation.
In relation to the Girls school it is proposed to provide a new school on a new site. The OPW, which acts on behalf of my Department in relation to site acquisitions generally, is considering a number of site proposals with the intention of acquiring a suitable site to facilitate the development of a new school building. Due to the commercial sensitivities of the site acquisition process the Deputy will appreciate that I am not in a position to comment any further. In relation to the Boys school the Patron has offered to provide a site to accommodate the new school and I understand is in discussions with the County Council in relation to same. As soon as these site issues are finalised, the building projects required to deliver the appropriate accommodation will be considered in the context of the multi-annual School Building and Modernisation Programme.
763 Deputy Paul Connaughton asked the Minister for Education and Science the stage the proposed building of the new school at Aughim, Ballinasloe, County Galway is at; if her attention has been drawn to the poor state of the school, that the teachers and pupils operate in a very poor environment not conducive to learning, and that there is a very suitable site available for the new school; and if she will make a statement on the matter. [20513/07]
The Department recently visited this school and following on from this visit, the Patron has confirmed the availability of additional lands for a school building project. This project is being considered in the context of the School Building and Modernisation Programme.
764 Deputy Michael D. Higgins asked the Minister for Education and Science if she will take action to redress the situation which pertains regarding an application by a person (details supplied) in County Galway for the top-up grant; her views on whether such a view taken of the situation is unreasonable; and if she will make a statement on the matter. [20517/07]
The Higher Education Grants Scheme operates under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the 1st day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions".
Mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his/her parents from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address.
In order to establish that a candidate is an independent mature student documentary evidence is required as proof of a candidate's ordinary/ permanent address from the 1st October of the year preceding entry to college. Examples of the type of documentary evidence, which would establish residence, are as follows:
(i)Utility bills such as telephone, gas, E.S.B.
(ii)Evidence of registration with the Private Residential Tenancies Board (P.R.T.B.)
(iii)Official Documentation from any Government Department e.g. Social Welfare or Revenue (if any)
The decision on eligibility for third level and further education grants is a matter for the relevant Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where for example, advice or instruction regarding a particular clause in the relevant scheme is desired.
The awarding authorities are obliged to satisfy themselves beyond doubt that an acceptable degree of proof is submitted by the grant applicant in establishing eligibility under all aspects of the Schemes. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.
Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.
765 Deputy Denis Naughten asked the Minister for Education and Science if she will approve funding under the summer works scheme for a school (details supplied) in County Roscommon; when she will make a decision on the application; and if she will make a statement on the matter. [20518/07]
An application has been received in my Department from the school referred to by the Deputy under the Summer Works Scheme 2008. As the closing date for receipt of applications is 28 September 2007, I am not in position to comment further.
766 Deputy Bernard J. Durkan asked the Minister for Education and Science the reason a higher education grant has not been made available to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20526/07]
The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.
If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department. Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.
767 Deputy Michael Creed asked the Minister for Education and Science the reason a pupil (details supplied) in County Cork is being denied resource hours at their primary school when in the opinion of the Health Service Executive senior speech and language therapist they meet the eligibility criteria laid down in her Department circulars 0205 and 003807; if the details of this case have been brought to the attention of her Department by the NCSE; and if she will consider an appeal against this decision. [20568/07]
My officials have been in contact with the National Council for Special Education and I understand that the application on behalf of the pupil in question did not meet the criteria for individual resource hours under Specific Speech and Language Disorder. However, the pupil will have access to support from the school's learning support/resource teacher.
The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05.
768 Deputy Michael Creed asked the Minister for Education and Science the instructions that have issued from her Department to special education needs organisers or to the national council for special education in respect of entitlement for children presenting with phonological disorders. [20569/07]
I wish to advise the Deputy that Circular 0038/2007 — Criteria for Enrolment for Pupils with Specific Speech and Language Disorder (SSLD) — issued to all primary schools in April 2007 and is available on my Department website at www.education.ie. A copy of this Circular was also furnished to the National Council for Special Education for their information. The circular contains advice on the eligibility criteria for enrolment in special classes of children with SSLD and associated matters. I am arranging for a copy of this circular to be sent to the Deputy.
770 Deputy Róisín Shortall asked the Minister for Education and Science further to Parliamentary Question No. 491 of 5 April 2007, if she has put in place separate arrangements to address exceptional situations, such as in new schools, for schools which were not included in the review system for DEIS as promised; and if a school (details supplied) in Dublin 11 will be included in DEIS. [20573/07]
DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). DEIS will bring together and build upon a number of existing interventions in schools with a concentrated level of disadvantage.
The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. The identification process involved a survey of primary schools conducted by the (ERC in May, 2005 and the updating by them of existing data sources on levels of disadvantage in second-level schools.
My Department is putting separate arrangements in place for new schools, such as the school referred to by the Deputy, (including those created through amalgamation), opening in 2005/2006 or thereafter. In May 2007, new and amalgamated primary schools established in 2005 and 2006 were issued with a survey form similar to that which issued to schools in May 2005. The school referred to by the Deputy was among those school that returned a completed survey form to the ERC. Following on the analysis of the data by the ERC, my Department will decide on the relative position of each school in respect of the DEIS action plan. Decisions will be conveyed to schools shortly and be operable as of the commencement of the 2007/2008 school year.
771 Deputy Róisín Shortall asked the Minister for Education and Science the progress to date on negotiations to acquire a school building in Dublin 11 in view of the urgent needs of a school (details supplied) in Dublin 11 for adequate accommodation. [20574/07]
791 Deputy Róisín Shortall asked the Minister for Education and Science further to Parliamentary Question No. 489 of 5 April 2007, if negotiations on the acquisition of a school (details supplied) in Dublin 11 by her Department includes the adjoining playing fields; and, if so, her views on making these available for a local sports club. [20699/07]
I propose to take Questions Nos. 771 and 791 together.
The acquisition process for the site referred to by the Deputy is at an advanced stage. However, due to the commercial sensitivities attaching to site acquisitions generally, I am not in a position to comment further on this matter at this time. I can confirm, however, that the adjoining playing fields are not included in the negotiations.
772 Deputy Michael Ring asked the Minister for Education and Science if the monetary amount of childcare support given in a situation (details supplied) will be increased. [20585/07]
Grants towards the cost of childcare are given to VECs, to be used to assist with the provision of childcare support for learners in the Vocational Training Opportunities Scheme, Youthreach, Senior Traveller Training Centres and in the Back to Education Initiative. The aim of this support is to attract people whose attendance is currently prevented by childcare responsibilities to enrol on these programmes.
This grant provides for:
direct provision of crèche facilities in centres, or in rented premises, including staff, equipment/refurbishment, rental, insurance and other overheads;
purchase of places on existing community or commercial crèches. This is subject to payment of a maximum of €63.50 per week per child for a full-day session, with pro-rata adjustments for sessions of lesser duration;
payment of childminders, subject to a maximum of €63.50 per child per week for a full session, with pro-rata adjustments for part-time sessions. This is subject to (a) registration where required under the Child Care Act, (b) presentation of invoices on headed paper, and (c) a rolling sample check for tax clearance certificates.
The scheme does not provide for payment direct to learners. The Department's grant is intended as a contribution to costs. The provision for this grant in 2007 is €6,350,000.
773 Deputy Richard Bruton asked the Minister for Education and Science if she will review the exclusion of many parents of Irish born children, who have long-term residency rights from the chance to qualify for higher education grants; and if she will ensure that people are not turned down on grounds of prior study at degree level if the qualification in question is not recognised here. [20593/07]
815 Deputy Willie Penrose asked the Minister for Education and Science if she will confirm having received correspondence from a person (details supplied) in County Kildare; if she will take steps on foot thereon to consider the inclusion of peoples specified therein for eligibility to benefit from the provision of higher education grants to third level institutions and universities; and if she will make a statement on the matter. [20952/07]
854 Deputy Joe Costello asked the Minister for Education and Science if she will make third level grants available to the non Irish parents of Irish born children equivalent to the grants available to Irish citizens; if she will respond to correspondence from a person (details supplied); and if she will make a statement on the matter. [21139/07]
I propose to take Questions Nos. 773, 815 and 854 together.
My Department funds three maintenance grant schemes for third level students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.
Under the nationality requirements of the schemes, students must:—
hold E.U. Nationality; or
have Official Refugee Status; or
have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or
be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; or
have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or
have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or
be nationals of a member country of the European Economic Area (EEA) or Switzerland
Under the terms of my Department's Higher Education Grants Scheme, maintenance grants are not payable to candidates who already hold an undergraduate degree and are pursuing a second undergraduate degree. Similarly tuition fees, under the Free Fees Initiative, are not payable in respect of a second period of college attendance on a course at the same level. These restrictions apply to every student who already holds a qualification at the same level, irrespective of where that qualification was obtained or whether or not funding was previously awarded. Clause 7.6 of the Higher Education Grant Scheme refers in this regard.
There are no plans at present to extend the nationality clause of the maintenance grant schemes. Any extension to the scope of the schemes can be considered only in the light of available resources and in the context of competing demands within the education sector.
Section 473A, Taxes Consolidation Act, 1997 provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full/part-time courses in both private and publicly funded third level Colleges and Universities in the State and any other E.U. Member State. Further details and conditions in relation to this tax relief are available from one's local Revenue Commissioners Office.
774 Deputy Phil Hogan asked the Minister for Education and Science the status of an application made by Waterford Institute of Technology to achieve university status; and if she will make a statement on the matter. [20594/07]
Earlier this year, Dr. Jim Port was asked to carry out a preliminary examination of the submission made by the Governing Body of Waterford Institute of Technology having regard to (i) national strategy for the development of Irish higher education; (ii) implications for regional development in the South East in the context of the National Spatial Strategy and (iii) any likely implications for the overall structure of higher education in Ireland. Dr. Port's report is currently under consideration in my Department.
775 Deputy Dinny McGinley asked the Minister for Education and Science the primary schools in south west Donegal who are participating in the DEIS programme. [20601/07]
Details of the primary schools in Co Donegal included in the new School Support Programme (SSP) under DEIS are set out below.
|
Roll No |
Rural |
School Name |
Address |
County |
|
01733B |
Rural |
Ardara Mixed N S |
Ardara, Co Donegal |
Donegal |
|
03294L |
Rural |
S N Caiseal Na Gcorr |
Gort A Choirce, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
04809A |
Rural |
Scoil An Aingil Choimheadai |
An Cheididh, Burtonport, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
05164I |
Rural |
Scoil Naomh Cholmcille |
Oilean Thorai, An Bhun Bhig, Co Dhun Na Ngall |
Donegal |
|
07143K |
Rural |
Monreagh N S |
Monreagh, Carrigans Lifford, Co Donegal |
Donegal |
|
07626H |
Rural |
S N An Iorball Riabaigh |
Baile Ui Ghormain, Lethbhearr, Tir Chonaill |
Donegal |
|
09748I |
Rural |
Glenmaquin No 2 N S |
Knockbrack, Letterkenny, Co Donegal |
Donegal |
|
10062E |
Rural |
Creeslough N S |
Creeslough, Co Donegal |
Donegal |
|
13563S |
Rural |
S N Chill Coinnigh |
Cill Choinnigh, Glenties, Co Donegal |
Donegal |
|
13755E |
Rural |
Gartan N S |
Gartan, Letterkenny, Co Donegal |
Donegal |
|
14194S |
Rural |
Scoil Cholmcille, An Tearmann, Co Dun Na Ngall |
Donegal |
|
|
14502D |
Rural |
Scoil Mhuire B&C |
Doire Beaga, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
14631O |
Rural |
Scoil Cholmchille |
Malin, Lifford, Co Donegal |
Donegal |
|
14704P |
Rural |
Murroe National School |
Murroe, Dunfanahy, Co Donegal |
Donegal |
|
15208I |
Rural |
S N Na Sraithe Moire |
Min A Labain, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
15532R |
Rural |
Croaghross N S |
Portsalon, Letterkenny, Co Donegal |
Donegal |
|
15554E |
Rural |
Gortnacart N S |
Gortnacart, Ardara, Co Donegal |
Donegal |
|
15729N |
Rural |
Rathmullen N S |
Rathmullen, Co Donegal |
Donegal |
|
15955W |
Rural |
SN Arainn Mhor I |
Arainn Mor, Co Dhun Na Ngall |
Donegal |
|
16138S |
Rural |
Raphoe Central N S |
Raphoe, Lifford, Co Donegal |
Donegal |
|
16142J |
Rural |
S N Min Na Manrach |
An Clochan Liath, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
16279N |
Rural |
Scoil Choluim |
Ballyheerin, Fanad, Letterkenny, Co Donegal |
Donegal |
|
16349I |
Rural |
S N An Droim Mor |
An Droim Mor, Killygordon, Co Donegal |
Donegal |
|
16375J |
Rural |
Frosses N S |
Frosses, Inver, Co Donegal |
Donegal |
|
16384K |
Rural |
SN Arainn Mhor II |
Arainn Mhor, Co Dhun Na Ngall |
Donegal |
|
16471F |
Rural |
St Davadogs N S |
Tamney, Letterkenny, Co Donegal |
Donegal |
|
16603T |
Rural |
S N An Chillin |
An Cillin, Inver, Co Donegal |
Donegal |
|
16671N |
Rural |
S N Cnoc Na Naomh |
Gort A Choirce, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
16820E |
Rural |
SN Baile Nua An Phobail |
Newtowncunningham, Co Donegal |
Donegal |
|
16823K |
Rural |
Min A Ghabhann N S |
Lettermacaward, Donegal |
Donegal |
|
16829W |
Rural |
S N Loch An Iubhair |
Anagaire, Leitir Ceanainn, Tir Chonaill |
Donegal |
|
16836T |
Rural |
Naomh Bridhid |
Glenmakee, Carndonagh, Co Donegal |
Donegal |
|
16837V |
Rural |
S N Duchoraidh |
Duchoraidh, Co Dhun Na Ngall |
Donegal |
|
16850N |
Rural |
St Garvan’S N.S. |
Drum Halla, Rathmaolain, Letterkenny, Co Donegal |
Donegal |
|
16880W |
Rural |
Scoil Naomh Colmchille |
Craigtown, Carndonagh, Co Donegal |
Donegal |
|
16995Q |
Rural |
S N Naomh Colmchille |
Drumoghill NS, Manorcunningham, Letterkenny, Co Donegal |
Donegal |
|
17018N |
Rural |
Scoil Phadraig |
Dobhar, An Bun Beag, Leitirceanainn, Co Dhun Na Ngall |
Donegal |
|
17130H |
Rural |
Scoil Naomh Dubhthach |
Machaire Ui Rabhartaigh, Gort A Choirce, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
17328F |
Rural |
Scoil Roisin |
An Clochan Liath, Co Dhun Na Ngall |
Donegal |
|
17447N |
Rural |
S N Crannaighe Buidhe |
Crannog Bui, Ardara, Co Donegal |
Donegal |
|
17469A |
Rural |
Scoil Cuilm Cille |
Ballindrait, Lifford, Co Donegal |
Donegal |
|
17503U |
Rural |
S N Adhamhnain |
Luinneach, Doiri Beaga, Co Dhun Na Ngall |
Donegal |
|
17549V |
Rural |
S N Ceathru Caol |
Kerrykeel, Lifford, Co Donegal |
Donegal |
|
17552K |
Rural |
Scoil Bhrighde |
Porthall, Lifford, Co Donegal |
Donegal |
|
17553M |
Rural |
S N Taodhbhog |
An Clochan, Leifearr, Co Dhun Na Ngall |
Donegal |
|
17564R |
Rural |
S N An Choimin |
Clochan, Leithbhearr, Co Dhun Na Ngall |
Donegal |
|
17598L |
Rural |
SN An Leinbh Iosa |
Coxtown, Carrigans, Co Donegal |
Donegal |
|
17704H |
Rural |
S N Fhionnain |
Baile Chonaill, An Falcarrach, Co Dhun Na Ngall |
Donegal |
|
17716O |
Rural |
St Riaghans NS |
Drimnacrosh, Kilraine P.O., Co Donegal |
Donegal |
|
17721H |
Rural |
Scoil Treasa Naofa |
Malainn, Lifford, Co Donegal |
Donegal |
|
17729A |
Rural |
Scoil Naomh Proinnseas |
Magherabeg, Manorcunningham, Letterkenny, Co. Donegal |
Donegal |
|
17822N |
Rural |
Scoil Bhrighde |
Min A Chladhaigh, Gort A Choirce, Co Dhun Na Ngall |
Donegal |
|
17828C |
Rural |
Scoil Adhamhnain |
Rathbhoth, Leithbhearr, Co Dhun Na Ngall |
Donegal |
|
17837D |
Rural |
Scoil Mhuire |
Pettigo, Co Donegal |
Donegal |
|
18086M |
Rural |
Holy Trinity NS |
Dunfanaghy, Co Donegal |
Donegal |
|
18114O |
Rural |
S N Naomh Eighneach |
Diseart Eighnigh, Buncrannach, Co Dun Na Ngall |
Donegal |
|
18131O |
Rural |
S N Muire Gan Smal |
Ard Aratha, Co Dun Na Ngall |
Donegal |
|
18151U |
Rural |
S N Mhuire |
Baile An Ngalloglach, Letterkenny, Co Donegal |
Donegal |
|
18219F |
Rural |
SN Chonaill |
Machaire Chlochair, Bun Beag, Co Dhun Na Ngall |
Donegal |
|
18241V |
Rural |
Scoil Naomh Cholmcille |
Drumman, Ramelton, Co. Donegal |
Donegal |
|
18250W |
Rural |
S N Baile Mor |
Dunfanaghy PO, Letterkenny, Co Donegal |
Donegal |
|
18286U |
Rural |
S N Na Hacrai |
Ailt An Chorrain, Leitirceanainn, Co Dhun Na Ngall |
Donegal |
|
18295V |
Rural |
S N Min An Aoire |
An Charraig, Co Dhun Na Ngall |
Donegal |
|
18371L |
Rural |
Scoil Mhuire |
An Craosloch, Letterkenny, Co Donegal |
Donegal |
|
18421A |
Rural |
SN Dun Ceannfhaolaidh |
Dun Ceannfhaolaidh, Co Donegal |
Donegal |
|
18446Q |
Rural |
Scoil Naomh Mhuire |
Ceann Mhalanna, Ballygorman Lifford, Co Donegal |
Donegal |
|
18517N |
Rural |
Scoil Mhuire |
Dristearnain, Gleneely Po Lifford, Co Donegal |
Donegal |
|
18611F |
Rural |
S N Na Carraige |
Dun Na Ngall, Co Dhun Na Ngall |
Donegal |
|
18652T |
Rural |
S N An Chaiseal |
Gleann Cholmcille, Co Dhun Na Ngall |
Donegal |
|
18710H |
Rural |
SN Na Croise Naofa |
Dunfanaghy, Co Donegal |
Donegal |
|
18766L |
Rural |
Scoil Cholmcille |
Dubhlin Riabach, Carraig Airt, Co Dhun Na Ngall |
Donegal |
|
19009W |
Rural |
Craanford N S |
Craanford, Co Donegal |
Donegal |
|
19228L |
Rural |
S N Naomh Brid |
Na Dunaibh, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
19252I |
Rural |
S N Umlach |
Carrigart, Co Donegal |
Donegal |
|
19310T |
Rural |
Scoil Naomh Earnan |
Baile An Tsratha, Co Donegal |
Donegal |
|
19343L |
Rural |
S N Dhubhthaigh |
Anagaire, Leitir Ceanainn, Co Dhun Na Ngall |
Donegal |
|
19491D |
Rural |
Scoil Mhuire |
Rathmealltain, Co Dhun Na Ngall |
Donegal |
|
19518U |
Rural |
S N Naomh Baoithin |
Sc Naomh Baoithin, St Johnston, Lifford, Co Donegal |
Donegal |
|
19614Q |
Rural |
Naomh Bodain |
Culdaff, Lifford, Co Donegal |
Donegal |
|
19685Q |
Rural |
Scoil Chartha Naofa |
Chill Chartha, Co Dhun Na Ngall |
Donegal |
|
19756N |
Rural |
St Conals |
Narin, Portnoo, Co Donegal |
Donegal |
|
19912B |
Rural |
Scoil Mhuire |
Glenties, Co Donegal |
Donegal |
|
16054M |
Urban |
St Patricks N S |
Murlog, Lifford, Co Donegal |
Donegal |
|
16821G |
Urban |
Clochar Padraig Naofa |
Carndonagh, Co Donegal |
Donegal |
|
17945G |
Urban |
Scoil Naomh Chaitriona |
Ballyshannon, Co Donegal |
Donegal |
|
18076J |
Urban |
SN Muire Gan Smal |
Leithbhearr, Co Dun Na Ngall |
Donegal |
|
18605K |
Urban |
Scoil Naomh Padraig Boys |
Carndonagh, Co Donegal |
Donegal |
|
20054L |
Urban |
Scoil Eoghan |
Moville, Co Donegal |
Donegal |
777 Deputy Damien English asked the Minister for Education and Science the position on the delivery of a new school building for a school (details supplied) in County Meath; and if she will make a statement on the matter. [20620/07]
The Department is currently in the process of trying to acquire a suitable site for the school to which the Deputy refers. As soon as a site has been acquired, progress on a building project will be considered in the context of the multi-annual School Building and Modernisation Programme.
778 Deputy Damien English asked the Minister for Education and Science the position on the delivery of a new school site and associated buildings for a school (details supplied) in County Meath; if her Department has explored the prospect of acquiring a site adjacent to the current school campus in Kells for same; and if she will make a statement on the matter. [20621/07]
The Department is currently in the advanced stages of acquiring a site for the school to which the Deputy refers under the Redress Scheme. As soon as the site has been acquired, progress on a building project will be considered.
779 Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the application by schools (details supplied) for home school liaison teachers, in order to compliment the work of the south Clondalkin school completion programme to prevent early school leaving and to meet the needs of those pupils that are at risk of early school leaving. [20625/07]
DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). including. DEIS also brings together and builds upon a number of existing interventions in schools with a concentrated level of disadvantage, including the provision of Home School Community Liaision (HSCL) services.
The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate.A review mechanism was put in place to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review.
Applications for review were received and thoroughly examined by the Review Group, from four of the eight schools referred to by the Deputy. In accordance with the recommendations of the Review Group, the schools were not identified for inclusion in DEIS and the schools were informed by letter in August 2006. Unsuccessful schools were advised in May 2007 that they would retain the supports they had under previous schemes, including schools included in the School Completion Programme, for the duration of the DEIS action plan.
780 Deputy Joanna Tuffy asked the Minister for Education and Science if immigrants to Ireland are entitled to benefit from the third level free fees initiative and the higher education grants scheme. [20626/07]
Under the terms of my Department's Free Fees Initiative the exchequer meets the tuition fees of eligible students. The main conditions are that students must (a) be first-time undergraduates; (b) hold E.U. nationality or official refugee status; and (c) have been ordinarily resident in an E.U. Member State for at least three of the five years preceding their entry to an approved third level course. Eligibility is determined at date of entry to the course of study.
The Non EU spouse and dependent children of an EU migrant worker resident in the State may also be considered for free fees once they meet the other criteria of the scheme. The third level institutions are autonomous bodies and, as such, may determine the level of fees to be charged in any cases where the Free Fees Initiative does not apply.
My Department funds three maintenance grant schemes for third level students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.
Under the nationality requirements of the scheme, students must:
hold E.U. nationality; or
have Official Refugee Status; or
have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or
be a person in respect of whom the Minister for Justice, Equity and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; or
have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or
have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or
be nationals of a member country of the European Economic Area (EEA) or Switzerland.
781 Deputy Olwyn Enright asked the Minister for Education and Science the commencement date for schools (details supplied) in County Offaly granted under the public private partnership; and if she will make a statement on the matter. [20641/07]
782 Deputy Olwyn Enright asked the Minister for Education and Science the commencement date for schools (details supplied) in County Laois granted under the public private partnership; and if she will make a statement on the matter. [20642/07]
I propose to take Questions Nos. 781 and 782 together.
The first bundle of schools to be built in the my current PPP Programme were handed over to the NDFA for procurement in September 2006. The new schools to be provided are St. Mary's CBS and Scoil Chríost Rí in Portlaoise which will be built on the one site. Gallen Community School, Ferbane, Co. Offaly which is an amalgamation of Ferbane Vocational School and St. Joseph's & St. Saran's Secondary School and Coláiste na Sionna, Banagher, Co. Offaly which is an amalgamation of La Sainte Union Secondary school & St. Rynaghs Community College.
Tenders for the schools were returned to the NDFA in July 2007 and the tender evaluation process commenced directly after that date. The Tender Evaluation phase is now nearing completion and a preferred bidder will be appointed shortly.
783 Deputy Olwyn Enright asked the Minister for Education and Science when her Department will be in a position to provide the remaining braille books to a visually impaired person (details supplied) in Dublin 22; the reason the delay in the provision of the books; and if she will make a statement on the matter. [20643/07]
As the Deputy may be aware, the National Braille Production Centre (NBPC), an integral part of the services provided by St. Joseph's School for the Visually Impaired in Drumcondra, Dublin, was established in 2000 to provide blind/visually impaired pupils at first and second level with textbooks in braille and other alternative formats. The NBPC produces educational materials in braille, large print format and text only for children who are blind or visually impaired. It is an essential service to children and young people who are blind or visually impaired and without it many of them would not be able to access mainstream education or be able to undertake the Junior and Senior Cycle examinations.
My Department's Visiting Teacher Service for the Visually Impaired (VTVI) has a significant role to play in the process of ordering books or materials on behalf of a particular pupil/student. In 2006, a protocol was agreed between the NBPC and the VTVI regarding the provision of educational materials in alternative formats.
Due to the technical processes involved, the NBPC requires a significant notice period in relation to orders for the materials in question. In this particular case, the order was placed in July 2007. A significant proportion of the books required has already been made available for the pupil. I understand that, taking the special circumstances of this particular case into consideration, the NBPC are working towards having the order for the remaining books completed by the end of the current school term. It is accepted practice that the Braille books are delivered in volumes throughout the school year, due to the lengthy transcription process.
I also understand that officials from the NBPC have been in contact with the parents of the pupil referred to by the Deputy and have invited them to a meeting in their Head Office to discuss their concerns.
784 Deputy Brian Hayes asked the Minister for Education and Science if she will estimate the number of students awaiting placement in ABA primary schools in the Dublin 24 area; the action she is taking to address the waiting list for placement in such schools in view of the considerable demand that exists for such a placement; the average waiting time for the children who are currently waiting for a placement in such schools from the Dublin 24 area; and if she will make a statement on the matter. [20645/07]
The Deputy is aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for the establishment of special classes for autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the Deputy's request for information 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.
My Department's position is that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs. Applied Behavioural Analysis, or ABA, is one of the methods used in special classes for children with autism.
Advice received from international experts on autism, NEPS and the Inspectorate inform my Department's view that a range of approaches should be used, rather than just one. An analysis of research — including the report of the Irish Task Force on Autism — supports this approach too, while Autism societies in other countries also caution against relying on just one method.
In excess of 250 autism-specific classes have now been approved around the country, and the NCSE will continue to establish autism provision where the need arises.
785 Deputy Róisín Shortall asked the Minister for Education and Science if her attention has been drawn to the fact that assessments carried out by privately employed educational psychologists take a half day while those carried out by National Educational Psychological Service psychologists take a number of school visits; and if she will make a statement on the matter. [20646/07]
The Deputy will be aware that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA). Where there is no psychologist available through NEPS, a school may access psychological assessments through the Scheme for Commissioning Psychological Assessments (SCPA). Under the SCPA, such schools 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.
Pending the expansion of NEPS coverage of schools the SCPA was specifically introduced to minimise delays for those children who need to be assessed on an urgent basis. SCPA allows one assessment per 50 pupils enrolled in the school.
The SCPA psychologist's remit essentially entails a once-off request to conduct a formal assessment of an identified pupil. This process typically includes (1) the administering of both cognitive (I.Q.) and educational attainment tests (literacy & numeracy) (2) the scoring of those tests (3) interviews with parents and teachers and (4) the drafting of outcome report and recommendations. The process involves an estimated eight hours in-put by the chosen panellist including 4 hours to conduct the test and interviews.
In common with many other psychological services, NEPS encourages a staged assessment model, 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.
The NEPS psychologist's engagement with his/her assigned schools represents a holistic approach to supporting pupil's psychological well-being. It involves the provision of a range of advisory supports to school authorities and teachers in the application of the staged model, in-service training support, general consultations on matters of concern, on-going consultation/ review of specific pupil's issues and direct observation, as well as the application of formal assessment routines.
While it is difficult to generalise regarding the nature of formal assessments, due to the wide variety and complexities of individual cases presenting in schools, the broader context in which the NEPS psychologist interacts with schools can result with different attendance patterns in relation to individual pupils. However in relation to the carrying out of formal assessments the range and time in-put are comparable and both achieve the aim of the provision of the most appropriate resource and educational support for the individual pupil concerned. I hope this clarifies the matter for the Deputy.
786 Deputy Michael Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo is entitled to a technology grant for assistive technologies as recommended by the recommendation contained in a recent consultant educational psychologists report; if an application has been submitted by the school on their behalf; and when a decision will be made. [20647/07]
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. SENOs also make recommendations where assistive technology is required. My Department has no record of receiving a recommendation for assistive technology for the pupil in question and 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.
787 Deputy Richard Bruton asked the Minister for Education and Science her views on the introduction of grants or scholarships to assist persons who already have a primary degree undertaking a career in medicine bearing in mind that the high entry level points for medicine have prevented many people with a genuine vocation for medicine from obtaining entry to medicine as their primary degree; and if she will make a statement on the matter. [20650/07]
Under the terms of my Department's Higher Education Grants Scheme, maintenance grants are not payable to candidates who already hold an undergraduate degree and are pursuing a second undergraduate degree. Similarly tuition fees, under the Free Fees Initiative, are not payable in respect of a second period of college attendance on a course at the same level. These restrictions apply to every student who already holds a qualification at the same level, irrespective of where that qualification was obtained or whether or not funding was previously awarded. Clause 7.6 of the Higher Education Grant Scheme refers in this regard.
Students embarking on the graduate medicine programme do not qualify for free fees or student support from the Department of Education and Science. However, I have indicated to the Higher Education Authority (HEA) that both RCSI and UL should put in place support mechanisms for disadvantaged students. The HEA has been asked to ensure that offers of places from RCSI and UL are accompanied by clear information on the supports that are available from the colleges to disadvantaged students.
Section 473A, Taxes Consolidation Act, 1997 provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full/part-time courses in both private and publicly funded third level Colleges and Universities in the State and any other E.U. Member State. Further details and conditions in relation to this tax relief are available from the local Revenue Commissioners Office.
788 Deputy Shane McEntee asked the Minister for Education and Science the person who has primary responsibility for preparing a traffic safety management plan outside schools; the support and guidance available from her Department to schools; and if she will make a statement on the matter. [20674/07]
In general, individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care, including traffic management measures. My Department is prepared to consider applications from school authorities for grant-aid towards improving safety arrangements, including car parking, inside the vested area of the school, but would require that the integrity of the outdoor play area be safeguarded in so far as is possible.
Issues relating to traffic safety, pay car parking etc., outside of school grounds are the responsibility of the relevant Local Authority. Grant-aid is not available for works outside the vested area of the school.
789 Deputy Damien English asked the Minister for Education and Science if a person (details supplied) in County Meath will have access to an educational psychological service and special needs assistant at primary school; and if she will make a statement on the matter. [20687/07]
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.
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.
The school which the child attends has a direct service from the National Educational Psychological Service of my Department. I am advised that the psychologist assigned to the school has not received any request from the school with regard to either consultation or casework with this pupil. The pupil concerned is attending learning support within the context of the General Allocation Model provision, which appears to be the appropriate response to her reading difficulty at this time.
I understand that the assigned psychologist will consult with the Principal on her next visit to the school concerning the needs of this child.
790 Deputy Seán Ardagh asked the Minister for Education and Science when a person (details supplied) in Dublin 12 will be allocated resource teaching support. [20690/07]
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. My officials have been in contact with the National Council for Special Education and I understand that the application on behalf of the pupil in question did not meet the criteria for allocation of individual resource hours.
The special educational supports provided to second level students vary according to the students' needs. Those students with dyslexia are normally integrated into ordinary classes. In such situations they may receive additional support from the remedial/learning support teacher, guidance counsellor and individual subject teachers. All second level schools in the free education scheme have an entitlement to a teaching allocation in respect of remedial/learning support teaching and guidance provision.
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.
793 Deputy Niall Collins asked the Minister for Education and Science if she will provide information on schemes (details supplied). [20739/07]
The Small Schools initiative devolves funding to individual school authorities to undertake building works which will address the school's long term accommodations needs. The scheme is targeted at primary schools having no more than 4 mainstream teachers where there is a stable level of enrolment projected for the school. Details of the 2008 Small Scheme Schools initiative has not yet been published.
794 Deputy Róisín Shortall asked the Minister for Education and Science if she will provide a progress report on the transfer of lands in Santry, Dublin 9, from the City Council to her Department for a school (details supplied); the reason for the delay in this process; and the time scale for the operation of a temporary school building and a permanent school building. [20749/07]
The legal documents for the transfer of the site to which the Deputy refers from Dublin City Council to the Department have recently been cleared by the Chief State Solicitor's Office and arrangements are being made for their execution. The Department is committed to the provision, in the shortest possible time-frame, of suitable accommodation on the site to cater for the needs of the school in question and, accordingly, the process of its design and planning has been advancing concurrently with the finalisation of legalities in respect of the site. Both Department Officials and the design consultants appointed to the project are liaising with the school authorities in this regard.
795 Deputy Paul Connaughton asked the Minister for Education and Science the reason a person (details supplied) in County Galway is not entitled to a school bus ticket; if her attention has been drawn to the fact that there are many other pupils from the same area being carried on the same buses to the college in question; and if she will make a statement on the matter. [20750/07]
Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre.
The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside, may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.
The Transport Liaison Officer for Co. Galway and Bus Éireann have advised that the transport service in question is operating to capacity. The family in question should continue to liaise with the local Bus Éireann office regarding the availability of catchment boundary seats.
796 Deputy John Deasy asked the Minister for Education and Science when she expects to complete her analysis of the report on the upgrading of Waterford Institute of Technology to university status; and if she will make a statement on the matter. [20764/07]
Dr. Port's report is currently being examined. I expect that the analysis of the report will be completed as soon as possible.
797 Deputy John Deasy asked the Minister for Education and Science the reason post primary schools canvass pupils from national schools outside their school transport catchment area when there are only limited concessionary seats available; if she will ensure that potential pupils are fully informed regarding the school transport difficulties that arise outside their catchment area; and if she will make a statement on the matter. [20765/07]
Schools are not encouraged to enrol from outside their catchment areas because the cumulative effect of so doing over a number of years can impact negatively on pupils from within the catchment area who are entitled, as of right, to a place in a particular school. It also invariably impacts negatively on the school or schools to which these pupils should rightly attend and in which considerable capital investment has been made for this purpose. It is a matter for all school authorities, in the context of their enrolment policies, to ensure that such situations do not arise.
The school transport scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. Children who wish to travel to a school outside their catchment area can only be facilitated on a concessionary basis if spare seats are available on a given route after all other eligible children have been catered for. It is important that parents are also aware that the situation in relation to such concessionary transport can change from term to term.
798 Deputy Brian O’Shea asked the Minister for Education and Science the proposals she has to provide school transport for a person (details supplied) in County Waterford; and if she will make a statement on the matter. [20799/07]
Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre.
The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside, may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.
The Transport Liaison Officer for Co. Waterford and Bus Éireann have advised that the transport service in question is operating to capacity. The family in question should continue to liaise with Bus Éireann regarding the availability of catchment boundary seats in the future.
799 Deputy Bobby Aylward asked the Minister for Education and Science if she will approve the employment of laboratory technicians in all second level schools as recommended by the task force on the physical sciences set up by her Department; and if she will make a statement on the matter. [20826/07]
Significant progress has been made in progressing a range of areas highlighted in the Report of the Task Force on the Physical Sciences e.g.
A new science curriculum has been introduced at primary level supported by a resource grant in December 2004 of €1000 per school plus €10 per pupil.
A revised syllabus in Junior Certificate Science was introduced in 2003 and it was examined for the first time in June 2006. Revised syllabi in Leaving Certificate Physics, Chemistry and Biology have also been introduced and examined within the last five years. Work on the revision of the two remaining Leaving Certificate subjects — Agricultural Science and Physics and Chemistry (combined) — is well advanced. The introduction of each of the revised syllabi has been supported by comprehensive in-service programmes for teachers.
Additional equipment grants have been provided to schools, and laboratories continue to be refurbished as part of the ongoing school building programme. In that context, €16 million was issued to schools in 2004 to support the implementation of the revised Junior Certificate Science syllabus.
Investment in the Programme of Research in Third Level Institutes (PRTLI) is continuing apace to enhance and promote world class standards in research, innovation and development.
My Department does not allocate provision for laboratory technicians/assistants in second level schools. The recommendation made by the Task Force Report in this area, in 2002 prices, was costed at €18.8m annually. The current cost of such provision is estimated at c. €24.6m for science subjects only, but could exceed €120m annually if applied to other practical subjects. While I have made it clear that I am not yet convinced of the need for lab assistants and that I believe that their provision would lead to demands for similar assistance in other subjects with a strong practical component, the Government is committed under the Strategy for Science, Technology and Innovation to re-visiting the issue. A decision on this issue can only be made in the context of the resources available from time to time in the Estimates. As the Deputy will be aware, the Strategy for Science, Technology and Innovation 2006 to 2013 sets out a range of measures to further strengthen science teaching and learning and improve the uptake of senior cycle Physics and Chemistry. These include ensuring that the project based hands-on investigative approach now in place at junior cycle is extended to senior cycle, that the appropriate type of assessment is used and that there is an emphasis on the inter-disciplinary nature of science in society.
Other aspects of the Plan include:
reviewing the implementation of the primary science curriculum to ensure its effectiveness in stimulating interest and awareness in science at a very young age,
strengthening teacher training in this area
reforming maths and Leaving Certificate Physics and Chemistry curricula
promotion of science initiatives in Transition Year; and
the provision of information and brochures on science opportunities and careers, linking effectively with school guidance services
Taken together, the comprehensive set of measures provided for in the SSTI will build on the improvements made in recent years and ensure even greater support for science education.
800 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of the proposed new national school at Kill, County Kildare having particular regard to the fact that planning permission has been granted to the relevant adjacent development; if the site has been purchased; if an application for planning permission has been made or is expected to be made in the near future; her plans in respect of the precise number of classrooms anticipated; when it is expected that the preliminaries will be completed to facilitate an early commencement date on the project; and if she will make a statement on the matter. [20832/07]
The process of appointing a Design Team to the building project referred to by the Deputy is at an advanced stage. The closing date for receipt of tender submissions from short-listed design candidates was Friday, 21 September. After these submissions have been assessed and the Consultants' tax clearance and insurance details have been checked and verified, contracts will be signed with the preferred candidates. I have been advised that the Design Team will be in place and that architectural planning will commence for the proposed new 32-classroom primary school in November. A timeline for the progression of this project through the early design stages, to construction and final completion will be discussed and agreed with the design team during the early stages of design.
Agreement on the site acquisition has been reached, subject to contract, and the Office of Public Works is currently progressing the acquisition of the site.
801 Deputy Bernard J. Durkan asked the Minister for Education and Science the precise procedures, services or facilities including support services for the parents of children suffering from autism; the precise enhancements, made in this regard in the past six months; if and when she expects one stop shop facilities including diagnosis, advice and support is expected to become available to parents thereby alleviating the burden and responsibilities thrust upon them at present in regard to these issues; and if she will make a statement on the matter. [20833/07]
I wish to clarify that my Department provides funding for the education of children with autism through the primary and post-primary school system, rather than any specific support services being provided for parents. Parents may contact their local Special Educational Needs Organiser (SENO) directly to discuss their child's special educational needs using the contact details available on www.ncse.ie.
The Deputy is aware that the National Council for Special Education is responsible, through its network of local SENOs, for the establishment of special classes for autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. All schools have the names and contact details of their local SENO.
The matter of diagnosis and therapy supports is an issue for the Health Service Executive.
802 Deputy Dara Calleary asked the Minister for Education and Science her plans to review the school transport scheme. [20848/07]
The Programme for Government includes a commitment to review the school transport scheme, including catchment boundaries. My Department is currently considering how best to progress this task.
803 Deputy Dara Calleary asked the Minister for Education and Science her views on issuing junior certificate results on a Friday as opposed to mid-week in the future. [20849/07]
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations and issuing the results of examinations.
In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.
804 Deputy Finian McGrath asked the Minister for Education and Science if persons (details supplied) in Dublin 9 will be assisted with their request. [20856/07]
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. My officials have been in contact with the National Council for Special Education and I understand that the SENO has not received an application on behalf of the pupil in question. It is open to the school to contact the SENO directly in this regard.
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.
805 Deputy Denis Naughten asked the Minister for Education and Science the steps she has taken to date to implement the Joint Committee on Education and Science report of the Provision of Educational Services in a Multiethnic/ Multicultural Society; the recommendations that remain to be implemented; the cost involved; and if she will make a statement on the matter. [20869/07]
The Joint Committee Report of the Provision of Educational Services in a Multiethnic/Multicultural Society, which was published in April of 2004, is an important snap-shot of the educational needs of newcomers at a particular point in time.
I am pleased that since its publication, a great deal of work has been done in this area, which addresses the issues highlighted in the Report.
The importance the Government attaches to this area is emphasised by the establishment of the Office for Integration and my appointment as the first Minister for Integration. This development of this Office will greatly help the development of a coordinated and cohesive response to the integration of newcomers to Ireland. In particular, it will focus upon the work undertaken by three Government Departments: Education and Science; Justice, Equality and Law Reform; and Community, Rural and Gaeltacht Affairs.
Since the publication of the Joint Committee's Report, my Department has secured a number of achievements in regard to the educational integration of newcomers. These achievements are as follows:Language Support Teachers are provided at primary and post-primary levels to those schools which have newcomer pupils who do not have English as their first language. As Minister, I removed the ‘cap' of two Language Support Teachers per school and extended the provision of language support beyond two years. As a result, some schools with a large number of newcomer children without English as their first language have up to 6 Language Support Teachers.
Towards 2016 provides for the provision of an extra 550 language support teachers by 2009 including 200 teachers (175 primary and 25 post-primary) in 2007, with a further 150 in 2008 and 200 in 2009. This will bring the overall number of such teachers to approximately 1,800 by 2009 (there are currently 1,450).
Language assessment kits, based on best international practice are to be provided to all primary schools during the 2007/08 school year. The kits will enable accurate initial and on-going assessment of language proficiency of newcomer children with a particular focus upon assessing whether language support needs to be provided beyond the current two year limit.
NCCA intercultural guidelines to support teachers and schools in developing a more inclusive learning environment and in providing students with knowledge and skills they need to participate in a multicultural world. Corresponding guidelines for intercultural education in post-primary schools have also been made available by the NCCA.
My Department continues to provide funding to Integrate Ireland Language Training (IILT) to provide Language Support Teachers with in-service training to assist them in meeting the English language needs of their pupils/students.
The Department has distributed a resource book ("Up and Away") for English Language Support Teachers to all primary schools which will serve as the basis for induction seminars for newly appointed Language Support Teachers.
Information on the Irish Education system has been placed on the Department's Website (www.education.ie) in 6 languages including Polish, Latvian, Lithuanian, Russian, Spanish and German.
An information pack for newcomer parents has been developed on a North/South basis. The pack will include information on education services, adult and community education programmes along with information on the health services, welfare entitlements, housing allocations, etc.
A practical toolkit for schools has been developed to facilitate capacity building for intercultural issues on a whole-school basis which will be targeted at mainstream classroom teachers. this will be distributed to schools in 2008.
The Department, in conjunction with the Office for Integration, have commissioned an independent review to assist in the development of a national English language training policy and framework for legally-resident adult immigrants based on extensive stakeholder consultation. This is due for completion in early 2008.
806 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 512 of 26 June 2007, the status of the application for the construction of a new community school; if she will expedite the planning of this project within her Department in view of the ongoing delay in purchasing a site; and if she will make a statement on the matter. [20871/07]
The Office of Public Works (OPW) are acting on behalf of the Department in relation to the acquisition of a site for the project and the acquisition of same is currently at contract/conveyancing stages. On completion of the site acquisition process the project will progress in the context of the Department's multi-annual School Building and Modernisation Programme.
807 Deputy Denis Naughten asked the Minister for Education and Science the status of the application for the construction of a new school (details supplied) in County Roscommon; if she will expedite the project; and if she will make a statement on the matter. [20874/07]
The building project for the school referred to by the Deputy will be considered in the context of the multi-annual School Building and Modernisation Programme.
808 Deputy Denis Naughten asked the Minister for Education and Science if, in view of the fact that family income supplement payments are excluded in the calculation of reckonable income for higher education grant purposes, she will extend this to exclude farm assist payments; and if she will make a statement on the matter. [20885/07]
The assessment of means under my Department's Third Level Student Maintenance Grant Schemes is based on gross income from all sources, with specified social welfare and Health Service Executive payments being excluded from the calculation.
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; Guardian's Pension (Previously known as Orphan's Pension); Back to Education Allowance; Foster Care Allowance; Domiciliary Care Allowance; Carer's Allowance.
I have no plans at present to depart from the above practice in respect of the determination of income.
809 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 191 of 5 July 2007, if a final determination of the long term accommodation needs of the school has been made; the timetable for completion of this process; when a decision will be made on the provision of a new green-field site or a site extension for the school; and if she will make a statement on the matter. [20889/07]
The determination of the long term accommodation needs of the school referred to by the Deputy has not yet been completed. The required building project, when determined, will be considered in the context of the school building programme.
810 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 192 of 5 July 2007, the reason AIT was unsuccessful; and if she will make a statement on the matter. [20891/07]
The Minister for Health and Children, Ms. Mary Harney T.D., and I recently announced the establishment of a School of Podiatry at the National University of Ireland, Galway (NUIG). The announcement followed a call for proposals for the establishment of a Podiatry programme organised by the HEA on behalf of the Department of Health and Children and the Department of Education and Science. Proposals were received from Athlone Institute of Technology, Dublin Institute of Technology, NUI Galway, University College Cork, University College Dublin, and University of Limerick.
An expert panel of independent external assessors was set up to evaluate and make recommendations on the proposals. The panel was made up of three expert members: a podiatrist holding a Head of School position in a UK University, a podiatrist who formerly held a Head of School position in a UK University and a consultant professor of rheumatology in a major hospital in the UK. In evaluating the proposals, the panel had regard to the criteria outlined in the call for proposals namely: curriculum content, clinical training, strategy and value for money.
The panel noted the work already done by the institute to develop an existing curriculum, and the links fostered with Plymouth University. They also noted that the programme has already been accredited. The documentation and presentation did not convince the panel on how inter-professional learning will be facilitated. The panel were also concerned that the staffing and other resources proposed by the institute would be inadequate to deliver the curriculum proposed.
The HEA has issued a letter to Athlone Institute of Technology informing the college of the panel's findings.
811 Deputy Denis Naughten asked the Minister for Education and Science if she will review the criteria for the appointment of special needs assistants in primary schools; if she will extend the criteria to include the education needs of children; and if she will make a statement on the matter. [20894/07]
I wish to advise the Deputy that special needs assistants (SNAs) and teachers have separate yet complementary roles. SNAs provide care support to pupils with special educational needs who have been assessed as having such needs while teachers deliver education to the pupils.
The Deputy will be aware of the my Department's unprecedented investment in recent years in providing additional teachers in primary schools to ensure that children with special educational needs have access to appropriate education. There are now almost 6,000 whole time equivalent teachers supporting the education of children with special educational needs in primary schools.
I have no plans, at present, to formally extend the SNA role to be that of a para-educator.
812 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 509 of 26 June 2007, the status of the application; when she will approve funding for the project; and if she will make a statement on the matter. [20904/07]
I am pleased to inform the Deputy that the process of engaging a Design Team for the building project at the school in question is underway. An advertisement seeking Expressions of Interest from suitably qualified consultants was published on the public procurement portal, www.etenders.gov.ie, on Monday 24 September on behalf of the Board of Management who, as Client, will oversee the competition. In the meantime, the Department's Technical Division, which is taking on the role of Architect for the project, has already begun work on the early design phase of the project.
Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.
813 Deputy Thomas P. Broughan asked the Minister for Education and Science the position regarding a school (details supplied) in Dublin 5; if she will ensure that the school and campus is retained for educational and community purposes; if she has met any of the interested groups who wish to carry on the educational and community function of the school; if not, if she will arrange an urgent meeting with all of the interested parties; and if she will make a statement on the matter. [20908/07]
I am please to inform the Deputy that the school to which he refers has been retained for educational use.
In this regard, the City of Dublin V.E.C, acting as anchor tenant, will be providing further education courses for the local community and St. Michael's House will be making new autistic provision. From next year, the building will also be occupied by another educational facility. The details of this are currently being worked out. The V.E.C. will also be ascertaining the status of any arrangements which were in place with third-parties for the use of some parts of the building for the purpose of regularising these arrangements.
814 Deputy Niall Collins asked the Minister for Education and Science if she will provide information on schemes (details supplied) in County Limerick. [20930/07]
The information sought by the Deputy is not readily available in the format requested.
816 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science if, having regard to the whole school evaluation process, she will outline the procedures being followed by her Department, to pursue issues of serious concern which are identified by her inspectorate in the course of a school evaluation, where such issues relate to the role of the board of management, or where they fall within the remit of her Department itself; and if she will make a statement on the matter. [20967/07]
Under the requirements of the Education Act 1998 each recognised school is required "to establish and maintain systems whereby the efficiency and effectiveness of its operations can be assessed." A range of supports is available to schools to assist them in undertaking self-evaluation and improvement of their work.
External evaluation by the Inspectorate can also help to enhance the quality of the learning experience for students when the school uses the outcomes of whole-school and other evaluations to complement its self-evaluation process. Responsibility for the implementation of recommendations and improvements rests mainly with the board of management and the principal and staff of the school.
The patron of the school also has a responsibility to ensure that effective action is taken. Following the in-school evaluation phase of WSE, the evaluation team discusses the findings and recommendations of the WSE at meetings with the board of management, principal and staff of the school. The inspectors from my Department use these opportunities to draw the attention of staff and school management to issues that require improvement, including any issues of serious concern if such have been identified. The inspectors also provide practical advice on how improvements can be achieved. Prior to the publication of the WSE report on the website of my Department, the board of management of the school has an opportunity to respond to the findings of the evaluation. In the standard School Response form, the board is encouraged to show how it intends to address the issues raised in the report.
Many boards use this opportunity to record how their schools will implement changes. In the vast majority of cases, the post-evaluation meetings and the written report are sufficient to ensure that improvement takes place. A copy of the report is also sent to the patron of the school for his/her attention.
If the whole-school evaluation shows that there is a serious issue of concern in the school, the Department ensures that this matter is brought to the attention of the board of management and the patron of the school for appropriate action. In exceptional cases, the Education Act provides that the patron of the school may dissolve the board of management at the request of the Minister, if the Minister is satisfied that the functions of the board are not being discharged effectively or that the board is neglecting to comply with an order or regulation made under the Act.
817 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science when permanent recognition will be forthcoming from her Department in respect of a school (details supplied) in County Kildare; and if she will make a statement on the matter. [20968/07]
The Department is currently examining the question of permanent recognition for the school to which the Deputy refers. Among the factors being considered is the long-term viability of the school, current and projected enrolments and suitability of accommodation. A decision in this matter will be conveyed to the school authority shortly.
818 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science when progress will take place towards the provision of extra permanent accommodation for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [20969/07]
864 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress that has taken place over the summer 2007 months in regard to the provision of the extra facilities needed at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21156/07]
866 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the full extent of the facilities still required at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21158/07]
868 Deputy Bernard J. Durkan asked the Minister for Education and Science if she has received an application for capital funding for the extension and improvement of facilities at a school (details supplied) in County Kildare; when she expects to respond to such requests; and if she will make a statement on the matter. [21160/07]
I propose to take Questions Nos. 818, 864, 866 and 868 together.
I can confirm to the Deputies that the Department is in receipt of applications for large scale capital funding from the schools to which they refer. The projects have been assessed in accordance with the published prioritisation criteria for large scale building projects. Progress on the proposed works is being considered in the context of the multi-annual School Building and Modernisation programme.
819 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science the reason delays have occurred in the planning process for a school (details supplied) in County Kildare; if her attention has been drawn to the difficulties that have arisen with regard to a fire and safety certificate; if this presents problems for other schools, in view of the fact that a standard design has been used; and if she will make a statement on the matter. [20970/07]
I wish to inform the Deputy that I am aware of the difficulties that have arisen in relation to the granting of the Fire Safety Certificate for the school in question. I understand that there were on-going discussions with the School's Design Team, my Department's technical staff and the Chief Fire Officer in Kildare County Council, in order to resolve the issue. A fresh Fire Safety Certification application was lodged with the Local Authority last week. A decision is awaited.
The obtaining of a Fire Safety Certificate has not been a significant issue in relation to previous Generic Repeat Design applications, however, my Department will take the Fire Officers comments onboard for future applications.
820 Deputy Emmet Stagg asked the Minister for Education and Science the number of meetings held with officials from Kildare County Council in relation to the sourcing of a site for a school (details supplied) in County Kildare; the outcome of same; and if she will make a statement on the matter. [20997/07]
857 Deputy Bernard J. Durkan asked the Minister for Education and Science her proposals for the provision of adequate primary places at Celbridge, County Kildare; and if she will make a statement on the matter. [21149/07]
871 Deputy Bernard J. Durkan asked the Minister for Education and Science the intake of pupils at the new primary school at Celbridge, County Kildare; the degree to which the facilities are adequate to meet requirements; and if she will make a statement on the matter. [21163/07]
I propose to take Questions Nos. 820, 857 and 871 together.
In response to the need for additional primary school places in Celbridge, the Department recognised a new primary school which commenced operation this September. The schools initial intake was 79 pupils.
The school is located in temporary accommodation, the refurbishment of which was funded by the Department to ensure that it was suitable for school use. Discussions are on-going with the local authority in relation to a site for a permanent home for the school.
821 Deputy Emmet Stagg asked the Minister for Education and Science if there are proposals with her Department for the provision of a second level gaelscoil in north Kildare. [20998/07]
859 Deputy Bernard J. Durkan asked the Minister for Education and Science if she has received requests for the provision of a second level gaelscoil in north Kildare; her response to such request; and if she will make a statement on the matter. [21151/07]
I propose to take Questions Nos. 821 and 859 together.
My Department has given careful consideration to an application for a second level all-Irish school for the North Kildare area and has decided that the application is premature and should not be granted. In arriving at this conclusion, account was taken of the establishment of Coláiste Cois Life, Lucan, under the aegis of Co. Dublin VEC to serve the needs of the west Dublin /north Kildare area, including Maynooth and Kilcock.
A multi-million Euro building project has recently been completed to provide Coláiste Cois Life with permanent accommodation to cater for a long term projected enrolment of 600 pupils. Transport arrangements to this school will continue to be available, as necessary, subject to the usual conditions for pupils from the North Kildare area.
The Department has agreed to keep the situation under review.
822 Deputy Emmet Stagg asked the Minister for Education and Science the number of contractors who have submitted tenders for the design of the new Kill National School in County Kildare; and if it is possible to bring forward the scheduled completion date indicated from September 2009 to September 2008. [21000/07]
The process of appointing a Design Team to the building project referred to by the Deputy is at an advanced stage. Twenty four design consultants, not contractors, were shortlisted at the pre-qualification stage and were subsequently invited to submit tenders. The closing date for receipt of tender submissions from shortlisted design candidates was Friday, 21 September. After these submissions have been assessed and the Consultants' tax clearance and insurance details have been checked and verified, contracts will be signed with the preferred candidates. I have been advised that the Design Team will be in place and that architectural planning will commence for the proposed new 32-classroom primary school in November. A timeline for the progression of this project through the early design stages, to construction and final completion will be discussed and agreed with the design team during the early stages of design.
823 Deputy Emmet Stagg asked the Minister for Education and Science if a design team has been sought for the required extension to a school (details supplied) in County Kildare. [21001/07]
The Board of Management of the school referred to by the Deputy is the Client/Contracting Authority for their proposed building project. As client, the Board is currently overseeing the appointment of an architectural Design Team and this process is almost halfway towards completion.
824 Deputy Emmet Stagg asked the Minister for Education and Science if her Department has finalised the allocation of the additional 31 educational psychologists to different counties; and if she will provide details of the schools to which they have been assigned. [21002/07]
Recruitment of additional psychologists is ongoing. When they have been assigned to schools I will make the details available. Since NEPS was established, we have trebled the number of psychologists in the service. We are committed to increasing its staffing further, so that by 2009 there will be 200 NEPS psychologists.
825 Deputy Emmet Stagg asked the Minister for Education and Science if the stage one and stage two submission has been received in her Department in relation to the required extension to a school (details supplied) in County Kildare; and if approval to proceed to stage three has issued. [21003/07]
My Department has received the Stage 1 and 2 submission from the School and its Design Team. Officials from my Department have arranged for a Planning Development Meeting to review the submission to be held today, Wednesday 26th September, with the School and its Design Team.
Should the Stage 2, as submitted, prove acceptable to the Department, then authorisation will be given to the school and its Design Team to proceed to the next Stage i.e. Stage 3.
826 Deputy Emmet Stagg asked the Minister for Education and Science the number of national school children in County Kildare in 2007/2008; the number of same in classes of less than 20. [21004/07]
Enrolment data in respect of 2007/08 are not currently available as the Annual Census of Primary Schools has not yet taken place.
827 Deputy Emmet Stagg asked the Minister for Education and Science if she has concluded her examination of the National Council of Special Education implementation report in relation to the Education for Persons with Special Educational Needs Act, 2004. [21005/07]
The Implementation Report is currently receiving detailed consideration within my Department. As part of this process, my officials have met with the education partners to obtain their views on the report and its recommendations. It is intended to issue a response on the report to the National Council for Special Education in the near future.
828 Deputy Emmet Stagg asked the Minister for Education and Science if she has sanctioned the tender process for the required extension to a school (details supplied) in County Kildare. [21006/07]
I am pleased to inform the Deputy that the pre-selection process is complete and the school's Design Team are finalising the tender documentation. The process of appointing a Design Team to the building project referred to by the Deputy is at an advanced stage. The closing date for receipt of tender submissions from shortlisted design candidates was Wednesday, 19 September. After these submissions have been assessed and the Consultants' tax clearance and insurance details have been checked and verified, contracts will be signed with the preferred candidates. I have been advised that the Design Team will be in place and that architectural planning will commence for the proposed new 16-classroom primary school in November.
The Board of Management of the school in conjunction with the Design Team hope to be in a position to proceed to tender in the near future.
829 Deputy Emmet Stagg asked the Minister for Education and Science if a design team has been sought for a new national school for Ardclough in County Kildare. [21007/07]
The process of appointing a Design Team to the building project referred to by the Deputy is at an advanced stage. The closing date for receipt of tender submissions from shortlisted design candidates was Wednesday, 19 September. After these submissions have been assessed and the Consultants' tax clearance and insurance details have been checked and verified, contracts will be signed with the preferred candidates. I have been advised that the Design Team will be in place and that architectural planning will commence for the proposed new 16-classroom primary school in November.
830 Deputy Emmet Stagg asked the Minister for Education and Science the position in relation to the provision of a new permanent school for a school (details supplied) in County Kildare. [21008/07]
870 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress over the summer 2007 months in regard to the provision of permanent classroom facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21162/07]
I propose to take Questions Nos. 830 and 870 together.
The building project for the School referred to by the Deputy is at early stage of architectural planning. My Department recently received a Stage 3 submission on this project. Officials from my Department raised a number of issues with the Design Team and clarification on these issues is currently awaited.
In the meantime Planning Permission for the project has been received and it is envisaged that unless there are very exceptional circumstances involved, my Department will be in a position to authorise the project to progress to tender stage when clarification is received.
831 Deputy Emmet Stagg asked the Minister for Education and Science if tenders have been invited for the required extension to a school (details supplied) in County Kildare. [21009/07]
I wish to inform the Deputy that tenders for the school building project in question, have been invited, returned and the Board of Management advised to accept a tender. It is expected that Building works will commence shortly.
832 Deputy Emmet Stagg asked the Minister for Education and Science if tenders have been invited for the required extension to a school (details supplied) in County Kildare. [21010/07]
I wish to inform the Deputy that tenders for the school building project in question have been invited, returned and assessed. The Board of Management has been advised to accept the successful tender. Building works on the project will commence shortly.
833 Deputy Emmet Stagg asked the Minister for Education and Science the position in relation to the provision of a new permanent school for a school (details supplied) in County Kildare. [21011/07]
The building project for the School referred to by the Deputy is at early stage of architectural planning.
My Department has recently received the Stage 3 submission and officials are currently reviewing it. Unless there are very exceptional circumstances arising from review of the Stage 3, it is envisaged that the project will be allowed to progress to the next stage of architectural planning.
Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.
834 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare; and if she will make a statement on the matter. [21042/07]
My Department has identified a potentially suitable site for the school. Independent valuations have been received and my officials have been in contact with the owners agents. I am not in a position to comment further on the progress of the site acquisition for reasons of commercial sensitivity.
When a suitable site has been secured, a building project for the school in question will be considered for progression in the context of the School Building and Modernisation Programme.
835 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare; and if she will make a statement on the matter. [21043/07]
I wish to advise the Deputy that tenders have been invited for the school building project in question and are due to be returned to the Consultant Architect shortly. Upon receipt and opening of tenders, the Consultant Architect will submit a tender report to my Department's School Building Section for assessment.
836 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare; and if she will make a statement on the matter. [21044/07]
I am pleased to inform the Deputy that the process of pre-selecting contractors is now complete and the tender documentation is being finalized. County Kildare Vocational Education Committee in conjunction with their Design Team hope to be in a position to proceed to tender in the coming weeks.
837 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare. [21045/07]
The building project for the School referred to by the Deputy is at early stage of architectural planning.
Planning Permission was granted by Kildare County Council for the scheme as presented by my Department, however this permission was subsequently appealed to An Bord Pleanála. My Department is currently awaiting the outcome of this appeal.
Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.
838 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare; and if she will make a statement on the matter. [21046/07]
Tenders have been invited and returned for the school in question.
Difficulties arose in relation to the granting of the Fire Safety Certificate for this school. There were on-going discussions with the School's Design Team, my Department's technical staff and the Chief Fire Officer in Kildare County Council, in order to resolve the issue. A fresh Fire Safety Certification application was lodged with the Local Authority last week. A decision is awaited.
The obtaining of a Fire Safety Certificate has not been a significant issue in relation to previous Generic Repeat Design applications, however, my Department will take the Fire Officers comments on board for future applications.
839 Deputy Jack Wall asked the Minister for Education and Science the position of an extension for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21047/07]
The Board of Management of the school referred to by the Deputy is the Client/Contracting Authority for their proposed building project. As client, the Board is currently overseeing the appointment of an architectural Design Team and it is my understanding that this process is almost complete. Any further enquiries in relation to this matter should therefore be directed to the Board of Management in the first instance.
840 Deputy Jack Wall asked the Minister for Education and Science the position of an extension for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21048/07]
The Board of Management of the school referred to by the Deputy is the Client/Contracting Authority for their proposed building project. As client, the Board is currently overseeing the appointment of an architectural Design Team and it is my understanding that this process is almost halfway towards completion. Any further enquiries in relation to this matter should therefore be directed to the Board of Management in the first instance.
841 Deputy Jack Wall asked the Minister for Education and Science the position of a new school (details supplied) in County Kildare. [21049/07]
The Board of Management of the school referred to by the Deputy is the Client/Contracting Authority for their proposed building project. As client, the Board is currently overseeing the appointment of an architectural Design Team and it is my understanding that this process is almost halfway towards completion. Any further enquiries in relation to this matter should therefore be directed to the Board of Management, in the first instance.
842 Deputy Jack Wall asked the Minister for Education and Science if her attention has been drawn to the concerns expressed by teachers of the lack of school places at two primary schools (details supplied) in Kildare south; the plans she or her Department have to alleviate these problems; and if she will make a statement on the matter. [21050/07]
The Department is not in receipt of an application for capital funding from the first school to which the Deputy refers. With regard to the second school, I am pleased to inform the Deputy that an application for additional accommodation for language support teachers has been approved in full.
843 Deputy Denis Naughten asked the Minister for Education and Science if her attention has been drawn to the health and safety implications for the pupils of the community school of the proposed road works in Ballinamore, County Leitrim;; and if she will make a statement on the matter. [21084/07]
In general, individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care, including traffic management measures. Issues relating to traffic safety, road works, etc., outside of school grounds are the responsibility of the relevant Local Authority. My Department is aware that the school authorities have been in contact with the Road Safety Authority in relation to their concerns about road safety issues.
In the longer term, my Department is aware of the need for an accommodation solution for Ballinamore Community School and is doing its utmost to achieve a satisfactory outcome at the earliest possible date.
844 Deputy Jack Wall asked the Minister for Education and Science if she will investigate the application by a person (details supplied) in County Kildare for a higher education grant in view of the exceptional circumstances in the case; and if she will make a statement on the matter. [21101/07]
The decision on eligibility for third level and further education grants is a matter for the relevant Local Authority or VEC.
The awarding bodies do not refer individual applications to my Department except, in exceptional cases, where for example, advice or instruction regarding a particular clause in the relevant scheme is desired.
If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.
Where an individual applicant has an appeal turned down by the relevant local authority/VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case an appeals form outlining the position may be submitted directly by the applicant to my Department.
845 Deputy Olwyn Enright asked the Minister for Education and Science the moneys paid to community and comprehensive school teachers in promoted positions; and if she will make a statement on the matter. [21102/07]
846 Deputy Olwyn Enright asked the Minister for Education and Science the moneys paid to voluntary secondary school teachers in promoted positions; and if she will make a statement on the matter. [21103/07]
848 Deputy Olwyn Enright asked the Minister for Education and Science the percentage of the number of community and comprehensive teachers expressed in whole time equivalent, who are in a promoted position; and if she will make a statement on the matter. [21105/07]
849 Deputy Olwyn Enright asked the Minister for Education and Science the percentage of the number of voluntary secondary school teachers expressed in whole time equivalents, who are in a promoted position; and if she will make a statement on the matter. [21106/07]
852 Deputy Olwyn Enright asked the Minister for Education and Science the number of teachers expressed in whole time equivalents, in community and comprehensive schools; and if she will make a statement on the matter. [21109/07]
853 Deputy Olwyn Enright asked the Minister for Education and Science the number of teachers expressed in whole time equivalents, in voluntary secondary schools; and if she will make a statement on the matter. [21110/07]
I propose to take Questions Nos. 845, 846, 848, 849, 852 and 853 together.
The percentage of the number of community and comprehensive teachers expressed in whole time equivalent, who are in a promoted position is 52.67% and in voluntary secondary schools is 53.12%. These data are based on current information available on my Department payroll.
The details in relation to the moneys being paid to teachers in promoted positions in Secondary and Community/Comprehensive schools are being compiled and will be forwarded to the Deputy.
The number of teachers expressed in whole time equivalents, in community and comprehensive schools is 4,213 and in voluntary secondary schools is 13,420
847 Deputy Olwyn Enright asked the Minister for Education and Science the moneys paid to primary school teachers in promoted positions; and if she will make a statement on the matter. [21104/07]
The information requested by the Deputy is given in the table which shows the rates of allowances for promoted posts effective since the 1 June 2007.
|
Authorised Posts |
Point |
Annual |
|
€ |
||
|
1 – 2 |
1 |
9,328.00 |
|
3 – 5 |
2 |
9,328.00 |
|
6 – 7 |
3 |
10,452.00 |
|
8 – 11 |
4 |
12,261.00 |
|
12 – 13 |
5 |
14,387.00 |
|
14 – 16 |
6 |
16,737.00 |
|
17 – 19 |
7 |
19,120.00 |
|
20 – 23 |
8 |
21,427.00 |
|
24 – 26 |
9 |
23,759.00 |
|
27 – 30 |
10 |
25,475.00 |
|
31 – 35 |
11 |
27,249.00 |
|
36 + |
12 |
29,833.00 |
|
Authorised Posts |
Point |
Annual |
|
€ |
||
|
3 – 5 |
1 |
3,776.00 |
|
6 – 7 |
2 |
4,941.00 |
|
8 – 11 |
3 |
6,533.00 |
|
12 – 13 |
4 |
8,188.00 |
|
14 – 16 |
5 |
9,791.00 |
|
17 – 19 |
6 |
11,465.00 |
|
20 – 23 |
7 |
13,076.00 |
|
24 – 26 |
8 |
14,658.00 |
|
27 – 30 |
9 |
15,904.00 |
|
31 – 35 |
10 |
17,120.00 |
|
36 + |
11 |
19,002.00 |
|
Authorised Posts |
Point |
Annual |
|
€ |
||
|
FROM 14 |
1 |
8,536.00 |
|
Authorised Posts |
Point |
Annual |
|
€ |
||
|
FROM 4 |
1 |
3,776.00 |
850 Deputy Olwyn Enright asked the Minister for Education and Science the percentage of the number of primary school teachers expressed in whole time equivalents, who are in a promoted position; and if she will make a statement on the matter. [21107/07]
851 Deputy Olwyn Enright asked the Minister for Education and Science the number of teachers expressed in whole time equivalents, in primary schools; and if she will make a statement on the matter. [21108/07]
I propose to take Questions Nos. 850 and 851 together.
The most recent public service figures for June 2007 indicated that there were of the order of 28,735 teaching posts in primary schools. Of this figure approximately 53% were in a promoted position.
855 Deputy Bernard J. Durkan asked the Minister for Education and Science the number of schools throughout County Kildare which currently require special teaching facilities for children with autism; the number of applications for such facilities proposed, on hand or pending; her proposals to address these requirements in the near future having particular regard to the concerns of the parents; and if she will make a statement on the matter. [21147/07]
As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for the establishment of special classes for autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. At present, approximately 250 special classes for children with autism have been sanctioned by the NCSE. 74 of these have been approved in the past year alone. 22 classes have now been sanctioned in the Kildare area. The NCSE is in contact with schools all over the country with a view to opening additional classes where they are needed, including in Kildare.
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.
856 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the operation of the special autism unit at a school (details supplied) in County Kildare having particular regard to the outstanding contentious issues regarding its operation; and if she will make a statement on the matter. [21148/07]
I am concerned that this special class has not yet opened in the school in question. The school has recruited staff and training has been made available for the staff in question.
I understand that this class will now open at the beginning of November.
858 Deputy Bernard J. Durkan asked the Minister for Education and Science her proposals for the provision of adequate primary places at Kilcock, County Kildare; when she expects work to start in the context of meeting the current and future requirements; and if she will make a statement on the matter. [21150/07]
The Department has made a number of interventions in the Kilcock area to ensure that there will be adequate pupil places for all those seeking them for the foreseeable future.
Specifically, Gaelscoil Chill Choca commenced the 2007/2008 school year in a brand new purpose built 16-classroom facility. A building project for Scoil Choca Naofa is progressing through architectural planning for the provision of accommodation to bring it up to a 16-classroom facility also and an application for capital funding from the management authority of St Joseph's Boys' National School is currently being assessed. Apart from these interventions, the Department is monitoring housing developments in the Kilcock area to ensure that any additional needs are met as expeditiously as possible.
860 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to provision of permanent classroom facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21152/07]
The building project for the School referred to by the Deputy is at early stage of architectural planning.
My Department has recently received the Stage 3 submission and officials from my Department are currently reviewing it. Unless there are very exceptional circumstances arising from the review of the Stage 3, it is envisaged that the project will be allowed to progress to the next stage of architectural planning.
Progression of all projects to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.
861 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress to date in the proposals to extend the facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21153/07]
My Department has received the Stage 1 and 2 submission from the School and its Design Team. Officials from my Department have arranged for a Planning Development Meeting to review the submission to be held today, Wednesday 26th September, with the School and its Design Team.
Should the Stage 2, as submitted, prove acceptable to the Department, then authorisation will be given to the school and its Design Team to proceed to the next Stage i.e. Stage 3.
862 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of classroom facilities and accommodation at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21154/07]
The school referred to by the Deputy applied and was approved funding for four extra classrooms under the devolved Permanent Accommodation Scheme for 2007. The alternative to a school participating in a devolved scheme is to apply for consideration for inclusion in the mainstream school building programme in line with the project's priority band rating. The Permanent Accommodation Scheme (PAS) was originally introduced in 2003 on a pilot basis and was extended to cover more schools in subsequent years. I increased funding for the PAS in 2006 by an average of 20%. This increase follows an increase of up to 25% in 2005. The feedback has in general been very positive — the number of schools participating has increased year on year and many schools are anxious to be included. To maintain this momentum I approved over 140 additional schools to participate in this scheme in 2007. The present position of the project in question is that the school's management expects to apply for planning permission in the near future.
865 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the application for major capital funding for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21157/07]
The Department is not in receipt of an application for capital funding from the school to which the Deputy refers.
867 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress over the summer 2007 months in regard to the application for extra facilities and accommodation at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21159/07]
My Department approved funding of over €90,000 to the school in question under the Summer Works Scheme for works related to the school building. The Management has claimed and been paid 70% of the grant aid approved indicating that the works have commenced. The balance may be claimed when the works are completed.
869 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress over the summer 2007 months in regard to the request by the school authorities for the provision of extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [21161/07]
My Department provided funding to the school in question to enable electrical and mechanical works to be carried out on the school building and also works to facilitate the introduction of pupils with special needs.
872 Deputy Bernard J. Durkan asked the Minister for Education and Science her current or revised proposals to meet accommodation and other facilities required at the various primary and second level schools at Naas, County Kildare; and if she will make a statement on the matter. [21164/07]
I am aware that Naas continues to experience population growth, a position that almost inevitably places some strain on existing educational provision. However, a range of significant measures has been undertaken by the Department to address the current and future need for pupil places in these areas. At primary level, an entire new school has been provided at Killashee, Naas. In addition, a brand new 16 classroom school has been provided for Naas together with the provision of temporary accommodation at Scoil Corbain, St. Conleth's and St. Mary's NS, St. Conleth's Naofa and Mercy Convent in Naas. A major building project is at Stage 3 of architectural planning to provide Caragh NS, Naas, with an additional 12-classrooms and ancillary accommodation. Gaelscoil Nás na Ríogh has recently been approved to commence architectural planning for the provision of a new 16-classroom school. On top of this, approval has been given for the provision of a new 32-classroom school for Kill. Additionally, there are proposals to improve accommodation at St. David's National School and Two Mile House National School. The accommodation needs of the national schools at Ballycane, Convent of Mercy and Scoil Corbán in Naas and Scoil Pádraig in Johnstown are also being assessed. At Sallins National School, a seven classroom extension is completed and this extension has increased capacity from 9 classrooms to 16 classrooms. An extension to bring the school up to 24 classrooms has commenced architectural planning.
At post primary level, the management authority of St. Patrick's Post Primary School, Co. Kildare VEC, is progressing plans to relocate the school and extend capacity to 1,000 pupil places. Additionally, an extension project is completed at St. Mary's College, Naas which increases capacity at the school to 900 pupils. A similar extension was recently completed at Meánscoil Iognaid Rís, Naas and a further extension at the school is in architectural planning. All of these initiatives represent huge capital investment and demonstrate my commitment to meeting the needs of the area concerned. The School Planning Section of the Department will keep the position under review to ensure that any additional emerging needs are met as expeditiously as possible.
873 Deputy Billy Timmins asked the Minister for Defence the position in relation to the provision of parking facilities for reservists on annual training in Coolmoney Camp; if parking will be provided; and if he will make a statement on the matter. [19807/07]
Parking spaces at Coolmoney Camp are required for military vehicles and Camp staff and accordingly the number of parking spaces available at the Camp for civilian vehicles belonging to troops attending training is limited. There are approximately 30 parking spaces available for personnel attending training, whether members of the Permanent Defence Force or the Reserve Defence Force. These parking spaces are distributed to units attending training on a pro rata basis depending on the number of personnel in each unit. As transport to Coolmoney Camp is normally provided, reservists are not obliged to bring private cars to the Camp.
874 Deputy Seán Barrett asked the Minister for Defence if the membership of the FCA in Dún Laoghaire will be provided with a suitable premises for training, meetings, and so on; and if he will make a statement on the matter. [19849/07]
A letting of the Coastguard Station at Dún Laoghaire had been held by my Department from Dún Laoghaire Harbour Company for a period of 4 years and 9 months, ending on 31 March 2006, for use by the Reserve Defence Force. The Company informed the Department that it was not in a position to renew the existing letting agreement and a notice to quit was issued on 31 March 2006. The property was vacated on 28 April 2006. The local unit is currently served from its Company headquarters at Rockbrae House in Bray. Arrangements are in place to facilitate training at the Oatlands College in Stillorgan and other training needs will continue to be reviewed by the Department in consultation with the military authorities.
875 Deputy Aengus Ó Snodaigh asked the Minister for Defence the number and countries of origin of soldiers who have received training from the Defence Forces in 2005, 2006 and to date in 2007 respectively; and if he will make a statement on the matter. [21133/07]
The number and countries of origin of soldiers who have attended educational courses conducted by the Defence Forces in 2005, 2006 and to date in 2007 are as follows:
|
Year |
No. of Soldiers |
Countries of Origin |
|
2005 |
75 |
Canada, Croatia, Cyprus, Algeria, Austria, Brunei, Bulgaria, Canada, China, Czech Rep, Finland, Germany, Kazakhstan, Morocco, Netherlands, Nigeria, Norway, Romania, Slovenia, Spain, Switzerland, Sweden, UAE, USA, Zambia. |
|
2006 |
60 |
Austria, Belgium, Bangladesh, Bulgaria. Canada, Croatia, Cyprus, Czech Rep, Denmark, Estonia, Finland, Germany, Indonesia, Lebanon, Lithuania, Morocco, Nigeria, Poland, Sweden, UAE, USA. |
|
2007 (To Date) |
44 |
Algeria, Bulgaria, China, Croatia, Cyprus, Finland Germany, Morocco, Netherlands, Pakistan, Qatar, Romania, Singapore, Slovenia, Tanzania, UAE, UK, USA. |
In general, educational courses are provided in the United Nations Training School which is part of the Defence Forces Training Centre in the Curragh, County Kildare. These high-level educational courses are directed at the role of national Armed Forces in the sphere of international peacekeeping duties under the direct auspices of the United Nations or with UN mandated multinational missions. Ireland has a well deserved and quite outstanding international reputation in this area of international peacekeeping operations. The course modules and content covering standards of international law and human rights standards and criteria are set out in common for all participants, regardless of their State of origin. The Defence Forces are happy to be in a position to provide this exemplary professional training. The Defence Forces syllabi reflect the full range of contemporary developments in International Humanitarian Law, Human Rights Law and the various specific humanitarian issues that may arise in theatre-specific circumstances.
876 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform his plans to change the law in respect of missing persons at sea in view of the financial hardship that this causes to families whom, under the present law, have to wait for seven years to receive any entitlements from the State; and if he will make a statement on the matter. [20226/07]
I can inform the Deputy that under section 23 of the Coroners Act 1962, if a coroner has reason to believe that a death has occurred in or near his district in such circumstances that an inquest is appropriate but the body is either destroyed or irrecoverable, the Minister may direct that an inquest be held in relation to that death. The assessment as to the probability that a death has actually occurred is a matter for the individual coroner concerned, who must satisfy himself in this regard prior to seeking a direction from the Minister, but I can inform the Deputy that such directions have issued in the past in respect of deaths at sea. There is no connection between this statutory provision and the jurisdiction of the Courts to declare that a missing person may be presumed dead. This function is not governed by statute but I have arranged to have this area of the law examined to determine what improvements if any can and should be made by way of legislation.
877 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform if there have been any convictions in Irish courts over the past five years for motorists that access services to rewind speedometers in cars; and if he will make a statement on the matter. [20752/07]
A person knowingly selling a vehicle with a rewound speedometer may be committing an offence, under section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001, of making gain or causing loss by deception. I am informed by the Garda authorities that information relating to the number of offences committed under section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 which relate to the rewinding of speedometers is not readily available and the collation of such information would require a disproportionate expenditure of Garda time and resources. To retrieve this information would require a search of each charge or summons issued under section 6 of the Act to identify if the offence related to a speedometer being altered.
878 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to a person (details supplied) in County Dublin in relation to their citizenship issue. [19719/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of the Department of Justice, Equality and Law Reform in November 2004. Officials in that Section will forward the application to me for a decision in the near future. I will inform the Deputy and the applicant when I have reached a decision on the application.
879 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the reason for the delay in processing the case of a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [19744/07]
The person in question applied for permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 scheme. The person in question did not satisfy the criteria under the revised arrangements and was duly notified on 12 October 2005. The immigration status of the person in question is being reviewed and he has been invited to make further representations as to his continued presence in the State. On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations came into force. The person in question has been notified of these new regulations and it is open to him to apply for Subsidiary Protection and also to submit fresh representations concerning his wish to remain temporarily in the State. Officials of my Department have forwarded the necessary application form and explanatory document, to the person in question outlining the procedure and guidelines for submitting an application for Subsidiary Protection. If the person submits an application his status will be reviewed in due course.
880 Deputy Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform if he will review the European Communities (Free Movement of Persons) (No.2) Regulations 2006, implementing directive 2004/38/EC which require Regulation 3 (2) Non EU citizen family members to have resided in another EU Member State prior to arriving here to avail of residency rights. [19747/07]
The compatibility of regulation 3(2) with the relevant European Directive, as referred to by the Deputy, was the subject of a High Court judgment on 28 May 2007. The decision is now subject to an appeal to the Supreme Court and for that reason I am not in a position to comment further on the legal issues involved.
881 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform the policies the Government will put in place in relation to immigration and the integration of migrants; and if he will make a statement on the matter. [19767/07]
In April 2005 my predecessor as Minister launched a public consultation process on the subject of immigration. The vehicle for this consultation process was a policy document, Immigration and Residence in Ireland, which he published outlining the Government's proposals for addressing Ireland's immigration system in a comprehensive way. More than 120 organisations and individuals made submissions as part of this process reflecting a wide range of concerns and interests in the migration system. In addition to dealing with the individual areas of the immigration system from initial visa application to long-term residence, the document also set out the core principles underpinning immigration policy, including maintaining the safety and security of the State and its residents, promoting the common good, managing migration in an orderly fashion to serve the economic and social needs of the State and its residents, protecting human rights, protecting and developing Ireland's international relations, ensuring fair treatment of persons, achieving reasonable standards of clarity and transparency, and providing satisfactory standards of service. These principles were reflected in the Immigration, Residence and Protection Bill 2007, which was published by the outgoing Government in April of this year. The Bill is being reviewed and refined at present with a view to publication in the autumn. The Bill will set out a comprehensive legislative framework within which our immigration system can be managed in a flexible manner.
As regards policies on integration, the Deputy will recall that in June 2007, the Taoiseach appointed Deputy Conor Lenihan as Minister of State with responsibility for the development of integration policy. The Minister of State is based in the Department of Community, Rural and Gaeltacht Affairs, with links to the Departments of Justice, Equality and Law Reform and Education and Science. The Minister of State's office is still being established. Staff from the Integration Division of the Reception and Integration Agency have already assigned to it and are co-located with the new Minister of State. As part of developing a broad co-ordination and policy development role, I understand that the Minister of State proposes to establish a Task Force on Integration in early 2008 to run for a year. The task force will identify key issues affecting immigrant communities, consult widely with immigrants and Irish people, visit communities, examine existing research and report back with recommendations. In the interim, the Minister of State with responsibility for integration will build on and accelerate the progress that has already been made in the integration area. He proposes to adopt a mainstream policy of service provision which places special responsibility on all Departments to consider and formulate integration proposals in their own area of competence. To this end he will co-ordinate Departments' integration activities in the integration area through a special cross-departmental group on integration. A range of ongoing strategic studies including English language training, interpretation, funding and information provision will also inform policy development.
882 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if the European Patents Office is regarded by him as a public authority partly maintained out of public funds of this State; if so, his views on whether an Irish citizen employed with the European Patents Office based in Munich and required to reside in Munich is considered as being employed in the public service for the purpose of interpreting the relevant provisions of the Irish Nationality and Citizenship Act 2004 in the context of the residency rules stated therein; and if he will make a statement on the matter. [19774/07]
The term "public service" is defined in the Irish Nationality and Citizenship Act 1956, as amended, as referring to "employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible". My Department's view is that the European Patent Office does not come within the definition of "public service" as set out above. Therefore, for the purposes of the above Act my Department does not regard employment with the European Patent Office as being employment in the Irish public service, as defined, and consequently an Irish citizen employee of the European Patent Office is not regarded by my Department as being employed in the public service.
883 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform when he will ratify the UN protocol to prevent, suppress and punish trafficking in persons especially women and children; and if he will make a statement on the matter. [19786/07]
884 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform when he will ratify the Council of Europe Convention on Action Against Trafficking in Human Beings; and if he will make a statement on the matter. [19787/07]
885 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the measures he will take to combat the problem of human trafficking; and if he will make a statement on the matter. [19788/07]
I propose to take Questions Nos. 883 to 885, inclusive, together.
While the crime of human trafficking is a despicable one, and clearly a violation of human rights, there is little evidence of a significant human trafficking problem in this country. Indeed the US State Department's Trafficking in Persons Report, which was issued in June 2007, highlighted that Ireland had a potential human trafficking problem rather than a significant problem. I should take this opportunity to mention the confusion that is being caused in the media in relation to the term "human trafficking". Immigrant prostitutes are only trafficked if they were recruited or transported to Ireland by means of the threat or use of force, coercion, fraud or deception for the purpose of exploitation. A person who chooses to work as a prostitute in Ireland is not necessarily a trafficking victim. Similarly, an immigrant worker who is not being paid the minimum wage is not a trafficked victim if there is no threat, force or coercion keeping him or her in that position. They are simply victims of labour exploitation. While I do not condone such exploitation, it does not amount to what is accepted worldwide as constituting human trafficking.
Legislation creating an offence of recruiting, transporting, transferring to another person, harbouring or knowingly arranging or facilitating the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person's sexual or labour exploitation or removal of his or her organs is at present being drafted in the Office of the Parliamentary Counsel. I expect to publish this legislation shortly. In addition, it is intended that the Immigration, Residence and Protection Bill 2007 will, subject to enactment, provide the necessary framework for addressing the immigration aspects of trafficking so as to comply with the relevant protection provisions in the Convention. In particular, in the context of the treatment of victims, it is intended that a framework will be put in place whereby a victim of trafficking can be afforded an immediate period of recovery and reflection in the State and also, in circumstances where he or she wishes to participate in any criminal proceedings in the matter, a further period of residence to enable him or her to do so.
On enactment of this legislation, which I am treating as an urgent priority within my Department, Ireland will be in a position to ratify the international instruments on trafficking in persons. My officials are actively participating in all relevant international fora on this issue. Ireland is appropriately represented at EU, Council of Europe, UN and OSCE meetings on this topic. My officials are liaising on a bilateral basis with colleagues in Northern Ireland, Great Britain, other European countries and the United States. Both my Department and the Garda Síochána are identifying best practice in both policy and operational enforcement matters. This summer the Garda National Immigration Bureau has successfully trained more than 100 officers in victim identification issues. A number of actions are being taken by the EU under its Action Plan. A network of contact points in Member States is being established. The first EU Anti-Trafficking Day will take place on 18 October 2007. The Portuguese Presidency will shortly hold a conference on human trafficking and gender specific issues. The European Commission has prioritised trafficking in human beings prevention projects for funding under the "Prevention of and fight against crime" programme for 2007. These are just some of the actions taking place this year at EU level. My Department is also participating in the UN Global Initiative to fight human trafficking, a two-year programme launched by the UN earlier this year with the support of the United Arab Emirates. I assure the Deputy that I am in no way complacent about this issue and my officials are working on a comprehensive programme of measures that will be announced later this Autumn.
886 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will report on the outcome of an Irish born child application by a person (details supplied). [19789/07]
The application referred to by the Deputy was received in my Department on 5 February 2007. I am pleased to inform the Deputy that the permission to remain for the person in question was renewed until 15 February 2010.
887 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will report on the on the outcome of an Irish born child application by a person (details supplied). [19790/07]
The application referred to by the Deputy was received in my Department on 6 February 2007. I am pleased to inform the Deputy that the permission to remain for the person in question was renewed until 15 February 2010.
888 Deputy Paul Gogarty asked the Minister for Justice, Equality and Law Reform if, with regard to a student currently attending a State funded school as a dependent of a parent residing in the State on a self sufficiency basis, a facility exists whereby an equivalent fee or payment can be made to the school attended or the Department of Education and Science in order to meet self sufficiency requirements and enable continued attendance at a State funded school. [19793/07]
The entitlements of foreign nationals in the State and the conditions applicable to them depend on their immigration status. A foreign national may be granted permission to remain on the basis of self-sufficiency. The underlying principle regarding self-sufficiency is that the foreign national who is here on that basis would not need to avail of State funds or State funded services nor would any dependant family members who were allowed enter the State require such State benefits. If the student child of a parent who is in the State on the basis of self-sufficiency were to be enrolled in a State-funded school that would conflict with the principle of self-sufficiency. Under immigration law where permission is granted to reside in Ireland on a basis that excludes access to State funded services, placing dependant children in State schools would be in breach of the conditions of the person's permission to be in the State. I understand that it is not possible for schools or the Department of Education to levy the sort of fee set out in the Deputy's question on the basis of nationality or status.
889 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Cork has been refused access to the prisons. [19794/07]
I am informed by the Director General of the Irish Prison Service that the visiting privileges in respect of the person in question have been suspended following a serious breach of security. The circumstances of this breach and subsequent suspension arose in July 2004 following complaints received from a family member of a prisoner (since released) in relation to attempts made by this person to pass material from the prisoner to them. The then Governor of Arbour Hill Prison conducted an investigation into the matter and following same made the decision to suspend his visiting privileges under the following rules, as contained in The Rules for the Government of Prisons 1947 (S.I. 320/47).
Rule 22. (2) No person shall without authority convey or introduce into a prison or convey or throw out of a prison, or convey to any prisoner, or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, tobacco, letter, paper, book, tool, or other article whatever. Anything so conveyed, deposited, or thrown without authority, may be retained by the Governor.
Rule 60. (2) If there are reasonable grounds for suspecting that any person who comes to the prison for the purpose of seeing a prisoner brings in or takes out any articles for an improper purpose, or contrary to the prison rules, or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the prison, the Governor may suspend his visit and remove him from the prison, duly recording the fact in his journal, and reporting it to the Minister.
I do not doubt that this person has only the best of intentions. However, the Irish Prison Service has a duty of care to the prisoners in their custody and must account for the persons who it allows into prisons. Also, they have an obligation to serve the community with full respect for the human dignity and rights of every person, both in custody and in the wider community including the families of prisoners.
I am informed by the Irish Prison Service that they did not take this decision lightly and having reviewed the circumstances of this case, it is the still their position that visiting privileges should remain suspended.
890 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to local residents at a location (details supplied) in Dublin 9. [19808/07]
I am informed by the Garda authorities that the area referred to is in the Clontarf Garda Sub-District and is patrolled by uniform and plain-clothes personnel, supplemented by foot patrols provided by the Community Policing Unit and mobile units within the Dublin Metropolitan Region (DMR) North Division.
Local Garda management is aware of the problems with anti-social behaviour being experienced by local residents. The Community Policing Unit has lead responsibility for policing in this area and has evolved a good partnership approach to problem solving with the community. The incidence of crime in the area and the allocation of personnel resources are kept under constant review by local Garda management.
Current policing policy in the area is predicated on the prevention of crime including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.
891 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if he will expedite an application for Irish citizenship by a person (details supplied) in County Cork. [19836/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in June 2007.
Applications received in the beginning of 2005 are currently being processed and there are approximately 15,100 applications on hand to be dealt with before that of the applicant. Such applications are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.
As no reason has been put forward by the Deputy which would justify this application being dealt with ahead of other applicants, it is likely that processing will commence in the latter half of 2009. I will inform the Deputy and the person concerned when I have made a decision on the application.
892 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to a group (details supplied) in Dublin 5. [19841/07]
I am informed by the Garda authorities that the area referred to is policed from Coolock Garda Station and is regularly patrolled by mobile, beat and bicycle patrols with a view to ensuring a concentrated and visible Garda presence in the area.
Local Garda management is aware of the problems with anti-social behaviour being experienced by local residents. Recently a low wall around the area referred to, where youths who engaged in anti-social behaviour gathered, was removed by the local authority resulting in the incidence of such behaviour being reduced.
The Community Policing Unit has lead responsibility for policing in this area and has evolved a good partnership approach to problem solving with the community. The incidence of crime in the area and the allocation of personnel resources are kept under constant review by local Garda management.
Current policing policy in the area is predicated on the prevention of crime including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.
893 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to persons (details supplied) in Dublin 3. [19846/07]
918 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 3 will be assisted. [20202/07]
I propose to take Questions Nos. 893 and 918 together.
The Immigration Division of my Department has been in contact with the legal representatives of the person referred to by the Deputy outlining the options open to him concerning his immigration status.
894 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a query will be resolved for a person (details supplied) in Dublin 9. [19847/07]
I am informed by the Garda authorities that on 21 June, 2007 the person concerned was detected driving a vehicle in the bus lane on the Malahide Road, Marino, Dublin 3. The offence was dealt with by way of a Fixed Charge Notice which the person subsequently paid.
I am also informed that the scene at the Malahide Road where the offence occurred has been examined and there is a broken white line in place to allow sufficient time for motorists to exit the outside lane and turn left safely onto Clontarf Crescent without having to enter the bus lane. The area is clearly signed to show that the bus lane is in operation.
895 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if there are set procedures in assisting families involved in tragedies; and if there are procedures for Gardaí in one Garda district to contact a victims family in another Garda district. [19916/07]
The Victims Charter entitled "Victims Charter and Guide to the Criminal Justice System" provides a written framework against which crime victims can measure the level and standard of treatment received in their dealings across all sections of the criminal justice system. It sets out, from the victim's perspective:
a general description of the overall criminal justice system
a concise summary of the role and functions of each of the main bodies/agencies involved
the entitlements of the victim in terms of standards of treatment, rights and complaints procedures in each area.
A guiding principle of the Victims Charter is a commitment to giving victims of crime a central place in the criminal justice system. As indicated in the Charter, victims of crime are entitled to dignity and compassion from all the services involved in supporting victims of crime.
Against a background of a need to review the mechanism and services put in place by specific agencies to assist victims my predecessor established the Commission for the Support of Victims of Crime (CSVC) in March 2005. The members of the CSVC are:
Mr. Jim McHugh, retired Assistant Commissioner, An Garda Síochána, (Chairman)
Ms Nora Owen, former Minister for Justice, Equality and Law Reform
Mr. Sean Lowry, former head of the Probation and Welfare Service,
Mr. Michael Whelan, Gemini Consulting,
Ms Marian Finucane, broadcaster.
The CSVC has a three year remit to disburse funding for victim support measures and to develop a framework for victim services going forward. Its remit also includes the examination of all aspects of the provision of services for victims of crime within the criminal justice system. The CSVC is at present carrying out a comprehensive review of the effectiveness of the Victims Charter as part of its work programme.
In its first two and a half years, the CSVC concentrated mainly on funding non-governmental organisations that provide front-line services to victims of crime, in order to ensure continuity of services to victims on the ground To date, it has allocated close to €2million in funding to organisations engaged in providing support to victims of crime. Such funding ranges from €4,000 to the smaller voluntary groups to €100,000 per annum to the large well established non-governmental organisations.
Over the period CSVC has provided an allocation of funding amounting to €85,000 to Support After Homicide (SAH) — a non-governmental organisation which aims to provide emotional support and practical information to people whose lives have been affected by homicide. Funding has also been provided to AdVIC in the amount of €35,000. AdVIC is another non-governmental organisation which was formed to ensure that the rights of families of homicide victims are not ignored within the Criminal Justice System and to bring about a fairer legal system for such families.
As I understand it, the CSVC has recognised that one of the primary functions that an organisation supporting victims of crime can provide to a victim is support by way of accompaniment, where the victim has to attend Court. Such support can make a real difference to the experience that victim has in court, and of court processes. In this regard, the CSVC prioritised the funding of activities at ground level that provide supports for victims of crime, such as court accompaniment services.
In addition to the disbursement of funds to organisations that support victims of crime, the CSVC is required to devise an appropriate support framework for victims of crime into the future. I am informed that the CSVC is currently actively engaged in this work. The CSVC was also tasked with updating the Victims Charter and that process is currently under way.
As the Deputy will be aware, as early as my first public engagement as Minister for Justice, Equality and Law Reform, I announced my intention of moving ahead immediately with measures to enhance support for victims of crime, consistent with the commitment contained in our Programme for Government.
I am also informed that An Garda Síochána has set out its policy and procedures that apply where members of the public are victimised as a result of crime and other traumatic incidents that require Garda intervention. Garda Family Liaison Officers are appointed to keep victim's families informed of the progress of the investigation and to ensure that they are afforded appropriate and relevant emotional, psychological, informational and practical support. The District Officer will appoint a Garda Family Liaison Officer to families of victims who have been or are being subjected to emotional or psychological trauma relating to:
Homicide
Kidnappings
False imprisonment
Hostage siege situations
Crime (other than above) where violence or an immediate threat of violence has been visited upon the family
Suicide and road traffic fatalities.
In cases of homicide the District Officer will initially assume the role of ‘Garda Family Liaison Officer'. As the case progresses the role will be delegated to a nominated Garda Family Liaison Officer whom the District Officer is satisfied, has the necessary skills, experience and competence. Garda Family Liaison Officers will also advise family members of support services available through the Crime Victims Helpline 1850 211 407.
The Garda Charter for Victims of Crime sets out the services and service delivery standards which An Garda Síochána is committed to delivering to victims. The charter is available on the Garda website www.garda.ie.
A Superintendent has been appointed to the position of Family Liaison Officer at Community Relations, Garda Headquarters, Harcourt Square, Dublin 2. Formal training of Garda Family Liaison Officers is ongoing at the Garda College and is being rolled out nationwide. Where the victim's family resides in another Garda district, the investigating officer will make the appropriate arrangements to contact the victim's family and keep them informed of the progress of the investigation.
896 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of persons (details supplied); and if he will reconsider his decision to deport them. [19928/07]
The case referred to by the Deputy falls under the scope of the Dublin II Regulation, (Council Regulation (EC) No. 343/2003).
This Regulation is intended to prevent the phenomenon of ‘asylum shopping' across Europe and sets out criteria for determining which Member State is responsible for examining an asylum application where applications have been lodged in more than one Member State or whereby an asylum seeker has been granted a visa to enter another regulation state. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of ‘refugees in orbit', a situation which had previously pertained in Europe. Under the Dublin II Regulation, the Office of the Refugee Applications Commissioner, (ORAC), can, on the basis of relevant criteria, request another State to accept responsibility for an asylum application and have it processed in that other state.
Following investigation by ORAC, it was determined that the persons concerned had previously made asylum applications in the United Kingdom. As a direct result of the ORAC determination, Transfer Orders were signed in respect of them on 19 July, 2007, obliging them to present to the Garda National Immigration Bureau, (GNIB), on 4th September, 2007, for arrangements to be made for their return to the United Kingdom. Flights were arranged for their transfers on 5th September, 2007. However they failed to present thereby evading their transfers and became illegally present in this State. The persons concerned continue to evade their transfers and remain illegally present in the State. I would therefore urge the persons concerned to come forward and present themselves to the GNIB without further delay.
897 Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [19956/07]
1026 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the proposal to deport in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [20532/07]
I propose to take Questions Nos. 897 and 1026 together.
The person concerned arrived in the State on 4 September, 2002 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned was informed by letter dated 6 July, 2004 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
His case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on his behalf for permission to remain temporarily in the Sate. On 26 August, 2004 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this Order was served by registered post requiring him to present himself to the Garda National Immigration Bureau (GNIB), on 3 February, 2005, in order to make travel arrangements for his deportation from the State.
Since then further representations have been received on behalf of the person concerned, and the Deportation Order signed in respect of him has been affirmed twice, first by my predecessor on 14 December, 2005 and more recently by me on 18 July, 2007. The person concerned was informed of my decision to affirm the Deportation Order by registered post letter dated 31 July, 2007. He was required to present himself to Henry Street Garda Station, Limerick on Thursday, 16 August, 2007 in order to make travel arrangements for his deportation from the State. He presented as requested and was given a further presentation date of 13 September 2007 which he kept. He is due to present again on 18 October 2007.
By correspondence dated 3 September 2007 the legal representative of the person concerned wrote to my Department providing up to date country of origin information and advising that her client would be at risk of serious harm if deported. The correspondence also included a request that I exercise my discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006 to accept and consider an application for Subsidiary Protection.
Following consideration of the information submitted, it was concluded that sufficient new facts and circumstances were presented which would warrant the exercise of my discretion under Regulation 4(2). A letter dated 21 September 2007 has issued notifying the person concerned, and his legal representative, of this decision.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. However, in view of the foregoing, the GNIB have been requested not to proceed with the enforcement of the Deportation Order until an application for Subsidiary Protection has been received and considered.
898 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps he will take to combat bicycle theft in Dublin. [19990/07]
I am informed by the Garda authorities that Local Garda Management within the Dublin Metropolitan Region (DMR) have a number of measures in place to combat the theft of pedal cycles in Dublin.
I am further informed that Garda patrols are regularly briefed on trends and the need to be vigilant of such crimes at the commencement of their tours of duty. Information bulletins containing profiles of suspects and trends for such crimes are also circulated by Garda criminal intelligence officers. In addition plain clothes Gardaí are placed on covert surveillance duties in areas of high prevalence of this type of crime. Garda Mountain Bike patrols are utilised in the vicinity of schools and other vulnerable areas with a view to detecting and deterring the theft of pedal cycles.
I understand that the Garda authorities offer crime prevention advice to members of the public. In addition focused presentations are made to students through the Garda Schools Programme and Campus Watch. Similar presentations are made by the Garda authorities to security personnel at shopping centres and similar vulnerable sites, such as park and ride facilities.
899 Deputy John Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for permission to remain in the State by a person (details supplied) in County Dublin. [19993/07]
I refer the Deputy to Parliamentary Questions No. 134 of Wednesday, 29th November, 2006, No. 169 of Thursday, 23rd March, 2006, No. 1022 and 1024 of Wednesday, 28th September, 2005 and the written replies to those questions. The position remains unchanged.
900 Deputy John Curran asked the Minister for Justice, Equality and Law Reform when he expects a decision to be made regarding an application for permission to remain in the State by a person (details supplied) in Dublin 22. [19994/07]
My Department has no record of receipt of an application for permission to remain in the State under the IBC/05 scheme in respect of the person in question. However, if the Deputy can supply details of the application, officials of the relevant section of my Department will contact the Deputy directly with an update.
901 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the number of separated children who arrive here seeking asylum; and if there are special provisions in place within the asylum process to ensure that fair hearings are given to children who might not be in a position to present their case effectively. [19996/07]
As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. There are specific procedures in place in both Offices to deal with claims from unaccompanied minors.
The statutory framework for dealing with asylum claims from unaccompanied minors is contained in the Refugee Act, 1996. Section 8(5)(a) of the 1996 Act provides that where it appears to an immigration officer or an authorised officer of the Refugee Applications Commissioner that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform the Health Service Executive and thereupon the provisions of the Child Care Act, 1991, shall apply in relation to the child.
Section 8(5)(b) provides that where it appears to the Health Service Executive, on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child covered by section 8(5)(a), the Service shall arrange for the appointment of an officer of the Service or such other person as it may determine to make an application for asylum on behalf of the child. In the event that an application is made, the HSE will then assist the minor throughout the asylum process, including accompanying them to any interview or hearing that may be scheduled.
In this regard, a total of 1,956 asylum applications by unaccompanied minors were received during the period 1 January, 1998 to 31 August, 2007.
All applications for refugee status are processed having regard to the definition of a refugee contained in section 2 of the Refugee Act 1996. The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR's Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum and the EU Children First Programme.
A number of staff in both agencies have received specialised training in dealing with cases of unaccompanied minors. This training is currently facilitated by the UNHCR and involves presentations to practitioners from child care experts focusing on issues such as psychological needs, child specific aspects of the refugee process, the role of the social worker and other issues particular to refugee determination for separated children. A multi-agency approach is adopted in this training, in that this programme is attended by staff of the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal, the Health Service Executive and the Refugee Legal Service.
A representative of the Refugee Legal Service is present at all stages of the asylum process and provides legal advice to the applicant, as appropriate. Interpretation facilities are also provided where necessary.
Accordingly, I am confident that unaccompanied minors in the asylum process are dealt with appropriately and sensitively by properly trained and resourced staff and that their asylum applications are dealt with in a fair and comprehensive manner.
902 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the duties and responsibilities of the director designate of the National Property Services Regulatory Authority in view of the fact that the Authority has not been formally established, no legislation has been published to formally establish it and that the director designate has been in this position since June 2006; and if he will make a statement on the matter. [19998/07]
903 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the amount of resources in terms of staff, assets and funding that has been allocated to the National Property Services Regulatory Authority since its establishment in 2005; and if he will make a statement on the matter. [19999/07]
I propose to take Questions Nos. 902 and 903 together.
I can inform the Deputy that the Property Services Regulatory Authority Bill 2007, which will give effect to key recommendations of the Auctioneering/Estate Agency Review Group, including establishment of the Property Services Regulatory Authority to control and regulate the provision of property services provided by auctioneers, estate agents and property management agents is currently being drafted by the Office of the Parliamentary Counsel. Details of the proposed legislation are available on my Department's website at www.justice.ie.
The new legislation proposes fundamental changes to the system of licensing for auctioneers and estate agents and introduces, for the first time, a new licensing system for property management agents. In addition the legislation will provide, also for the first time, a new system of control and regulation for all those providing property services.
Pending enactment of the legislation, a Chief Executive designate has been appointed and an Implementation Group established to assist and advise on practical maters relating to the establishment of the new Authority. The Chief Executive designate, in consultation with the Implementation Group, is currently involved in establishing the basic organisational structures, systems and procedures, necessary to enable the Authority to fully discharge its statutory responsibilities once the legislation has been enacted. As part of this process a number of specific issues, fundamental to the long term functioning of the Authority, have been identified which can be addressed in advance of it being established on a statutory basis. These include the acquisition of accommodation for the Authority in Navan, Co. Meath, the development of a code of practice for the industry, the creation of a National Public Register of Property Services Providers and the development of consumer information packs. To date significant progress has been made in each of these areas.
A total of five permanent staff, who will be relocated to Navan to work with the Authority once it has been established on a statutory basis, have been assigned to work with the Chief Executive designate and a budget of over €0.5m has been made available in this financial year.
904 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform when the proposed Property Services Regulatory Authority Bill will be introduced into the Houses of the Oireachtas; the reason for the delay in relation to same; and if he will make a statement on the matter. [20000/07]
The Government Legislation Programme published yesterday provides for publication of the Property Services Regulatory Authority Bill in early 2008. This legislation will give effect to key recommendations of the Auctioneering/Estate Agency Review Group, including establishment of the Property Services Regulatory Authority to control and regulate the provision of property services provided by auctioneers, estate agents and property management agents. Details of the proposed legislation are available on my Department's web site (www.justice.ie).
Pending enactment of the legislation, an Implementation Group has been established to assist and advise on practical matters relating to the new body and to prepare for the new licensing system. A Chief Executive designate has also been appointed and is engaged in preparatory work for establishment of the Authority.
905 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities will provide a community bus to the Community Garda Section at Fitzgibbon St. Garda Station, Dublin 1 which has been without one for over a year. [20005/07]
The detailed allocation of Garda resources, including transport, is a matter for the Garda Commissioner. I am informed by the Garda authorities that it is planned to allocate a minibus to the Community Garda Section at Fitzgibbon Street Garda Station in the coming weeks.
906 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform the number of children currently detained 23 hours a day in St. Patrick’s Institution, Dublin 7; and if he will make a statement on the matter. [20006/07]
I am informed by the Director General of the Irish Prison Service that no persons in St. Patrick's Institution are detained in their cells 23 hours a day. All persons detained there get a minimum of 2 hours exercise per day and leave their cells for various other activities throughout the day.
There is a wide range of activities available to young offenders in St. Patrick's Institution including Education, Work/Training, the Library and a fully fitted out gymnasium. They also have access to the Probation and Chaplaincy services as well as Medical, Psychological and Psychiatric services.
907 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to applications for naturalisation for persons (details supplied); if they will be dealt with as speedily as possible; and if he will make a statement on the matter. [20013/07]
I refer the Deputy to my reply to Parliamentary Question number 233 for answer of 20th March 2007 in which I advised that a difficulty has arisen over the identities used by the persons in question on entering the State. My officials are continuing their efforts to satisfactorily resolve this issue. I will inform both the Deputy and the applicants when the matter has been resolved.
908 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the case of persons (details supplied). [20014/07]
I am pleased to inform the Deputy that the applications in question were approved on the 30th July 2007.
909 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to a person (details supplied) who has applied for long term residency; if same will be dealt with as speedily as possible; and if he will make a statement on the matter. [20018/07]
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 in November 2006. I understand that applications received in early July 2006 are currently being dealt with.
910 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for long term residency by a person (details supplied) in County Mayo will be decided on; and if the application will be dealt with prior to Christmas 2007. [20070/07]
As outlined in Parliamentary Question put down for answer on the 26th June 2007 (PQ No. 669) 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.
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 in October 2006. I understand that applications received in early July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.
911 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if he will review an application for residency under the Irish born child scheme of 2005 for persons (details supplied) in County Mayo. [20104/07]
The persons in question submitted applications for permission to remain in the State under the revised arrangements for parents of Irish children born prior to 1st January 2005, commonly referred to as the IBC/05 scheme. Both applications were refused as the individuals concerned did not meet the continuous residency criteria.
My Department is currently appealing a number of matters related to the IBC/05 scheme, including the issue of continuous residency, to the Supreme Court. The applications in question may be considered further in the light of the findings of the Court.
912 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if he will expedite a decision on the request for a work visa for a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [20106/07]
As outlined in Parliamentary Question No. 716 put down for answer on 26th June 2007, the Immigration Division of my Department wrote to the person concerned requesting documentation. The written request was sent to the address that she provided to the Garda National Immigration Bureau. It now appears that she has moved to a new address. All non EEA Nationals are required to notify the Department in writing of any change to their residence details.
The Immigration Division of my Department will now contact the person concerned at her new address requesting the documentation referred to in Parliamentary Question No. 716. The application will be further processed upon receipt of these documents.
913 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform if he will take steps to ensure that when significant drug seizures are made in transit through Dublin Port, the Gardaí are enabled to follow up the destination of the drugs and apprehend those involved before such seizures are made public; and if he will make a statement on the matter. [20124/07]
As the Deputy will be aware, under the National Drugs Strategy it is the Customs Service which has primary responsibility for the prevention, detection, interception and seizure of controlled drugs at the point of importation.
I am advised that a framework for co-operation between the Customs and Excise Service of the Revenue Commissioners and the Garda Síochána with respect to drugs law enforcement is set out in a Memorandum of Understanding. This document was agreed and endorsed by Ministerial approval by the respective parent Departments of both agencies in January 1996.
The Memorandum also provided for the creation of Operational Guidelines implementing the Government decision for the Customs and Excise Service and the Garda Síochána, and in consultation with the Naval Service, to operate a Joint Task Force to deal with intelligence driven drug smuggling operations and "controlled deliveries." In October 2000, the signing and implementation of an Operational Protocol for co-operation between the three agencies further developed this framework.
Under this framework the Customs and Excise Service and the Garda Síochána support and co-operate fully with each other in connection with the interdiction of illegal drugs intended to be smuggled into the State.
I am also advised that where Customs and Excise seize any smuggled or illegally imported controlled drugs, including those detected by Officers at Dublin Port, they promptly inform and engage with An Garda Síochána before any further action is taken or any announcement about the seizure is made.
914 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform if he has proposals to introduce legislation to outlaw the practice of female genital mutilation; if he is confident that current legislation is strong enough to deal with such incidences here; and if he will make a statement on the matter. [20191/07]
Female genital mutilation constitutes an assault that causes serious harm to girls and women on whom it is carried out. Such an act is in fact an offence under the Non-Fatal Offences Against the Person Act, 1997. Any such cases brought to the attention of An Garda Síochána would, of course, be rigorously investigated.
915 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of citizenship applications for naturalisation; the average delay involved in dealing with such applications; and if he has proposals to put in place a more efficient system for dealing with such applications. [20196/07]
I refer the Deputy to my reply to Parliamentary Question 221 of Thursday, 5 July 2007. Since that reply, in excess of 2,000 new applications for naturalisation have been received. This means that the number of applications which have yet to be processed to a conclusion has now risen to almost 17,000. The average processing time remains on average 30 months. Additional staff were recently assigned to the Citizenship Section of my Department in order to ensure that all such applications are processed as quickly as possible.
916 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position of an application for leave to remain in the State by a person (details supplied). [20200/07]
I have been informed by the Immigration Division of my Department that an application for permission to remain in the State was received in June 2007 from the person referred to by the Deputy. I understand that the Immigration Division will be in contact with the person concerned shortly with a decision in the matter.
917 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a safety and security plan will be put in place in an area (details supplied) in Dublin 5; and if he will support the residents in this matter. [20201/07]
I am informed by the Garda authorities that the area referred to is policed from Santry Garda Station and is regularly patrolled by mobile and beat patrols with a view to ensuring a concentrated and visible Garda presence in the area. I am further informed that the area is additionally patrolled by the Divisional Traffic Unit and Divisional Task Force whose sustained efforts have gone a long way to addressing the problem of speeding vehicles, such as motorcycles, in the area. I understand that the playing pitches referred to are the property of Dublin City Council, which also manages them. There are no security features other than a low wall which allows easy access to the pitches.
Current Policing Plans in the area are designed, inter alia, to address the issue of car theft, prevention of anti-social and public order offences, the prevention of crime including crimes against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy is, and will continue to be, central to the delivery of a policing service to the area in question.
919 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if it is envisaged that an amnesty be introduced in order to deal with the large backlog of residency cases which have accrued, a possible model for such a scheme having recently been instated in the Netherlands. [20233/07]
I have no plans for the introduction of a general amnesty in respect of persons awaiting a decision on their immigration status in the State. Amnesties or regularisation, in my view, undermine the system of legal migration. They can exacerbate the problem of illegal migration by sending out the wrong message and give rise to a belief that further amnesties will become available in the future.
920 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform the progress to date in the anti graffiti scheme in the Dublin City area; and if is intended to publicise in any way for example erecting signs and so on, the heavy penalties involved should persons be caught defacing areas already cleaned up. [20245/07]
My Department, in conjunction with the Department of the Environment, Heritage and Local Government and the Department of Community, Rural and Gaeltacht Affairs, embarked on a pilot project which commenced in August, 2006, to specifically deal with the removal of incidents of graffiti. This initiative involves the removal of graffiti from sites within the pilot areas of Dublin City, Galway City and Bray, Co. Wicklow. Particular emphasis was placed from the outset on RAPID areas and the project has also been extended to other sites within the pilot project boundaries.
The clean up operation, which commenced in August, 2006, was allocated a budget of €3 million for 2007. To date, approximately 2300 sites have been identified in Dublin City and allocated to contractors for cleaning. An independent evaluation of the programme is currently being examined.
As the deputy will be aware, primary responsibility for cleaning graffiti rests with Local Authorities under the Litter Pollution Act, 1997. The erection of signs of the kind referred to would not fall directly within my remit but I would, of course, be supportive of any measures which would help address this issue.
921 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform if funds will be made available to voluntary neighbourhood watch groups; and if he will make a statement on the matter. [20246/07]
Neighbourhood Watch is a crime prevention programme which aims to enlist the active co-operation of the community in a neighbourhood by observing and reporting suspicious activities and by so doing reducing the level of criminal behaviour. Since its establishment, the Garda authorities have sought to encourage the active participation of the public in Neighbourhood Watch by encouraging and supporting communities to establish and maintain such initiatives. An Garda Síochána has been a strategic partner in driving and supporting Neighbourhood Watch through its Community Relations Section and local Garda management and has deployed Crime Prevention Officers and Liaison Gardaí to assist schemes.
I am strongly of the view that voluntary community organisations have, through their support for and work with the Garda Síochána, an important role to play in crime prevention and the promotion of community safety. I very much support the work being carried out by Neighbourhood Watch and Community Alert Schemes throughout the country.
The Garda authorities have conducted a high level review of Neighbourhood Watch which involved consultation with local communities, Neighbourhood Watch Coordinators, operational Garda personnel and a wide range of internal and external stakeholders. Following on from the review process, An Garda Síochána has developed in consultation with stakeholders a five year strategy for Neighbourhood Watch which will run from 2007 to 2011.
I am informed by the Garda authorities that under this strategy funding will be provided. This will enable Neighbourhood Watch materials, such as manuals, booklets, stickers and other promotional items, as well as training to be provided to Neighbourhood Watch Schemes. An Garda Síochána will run media campaigns to publicise Neighbourhood Watch and will issue a national newsletter. It also plans to organise a biannual conference and arrange for research and evaluation.
In addition, Garda District Officers (Superintendents) will facilitate the holding of Neighbourhood Watch meetings at Garda Stations and will meet administrative costs associated with supporting Neighbourhood Watch schemes locally.
922 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform his plans to act upon the impending report from the Law Reform Commission on the management of multi-unit structures; if the expected completion date of December 2007 for that report will delay the publishing of planned legislation in the area; and if he will make a statement on the matter. [20247/07]
The position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December last year. The Paper outlines the broad range of issues arising in relation to the governance and operation of such developments and makes it clear that action to address the problems arising in this area will be required across several policy fields, including the planning and development code, company law, consumer protection law and the development of regulatory structures.
In recognition of the cross-cutting nature of many of the issues identified by the Law Reform Commission in its Paper, a high-level interdepartmental committee has been established by Government to assist in the development of a coherent and comprehensive response to these issues. A key task of this committee is to identify the legislative and administrative actions to be taken and to determine a timescale for implementation. In particular, the committee will have regard to the definitive recommendations for legislative reforms which, following a lengthy consultation process, will be set out in the Law Reform Commission's forthcoming Report on Multi-Unit Developments. It is expected that the Report will be published later this year.
923 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status of the investigation into the Northern Ireland bank robbery 2005; if a person (details supplied) is under investigation; and if he will make a statement on the matter. [20248/07]
I am informed by the Garda authorities that the Garda investigation relating to the proceeds of the Northern Bank robbery is ongoing and that a Garda investigation file has been submitted to the Director of Public Prosecutions (DPP). The directions of the DPP are awaited. The DPP is independent in the exercise of his functions and, therefore, it would not be appropriate for me to comment further.
924 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the number of persons to whom deportation orders have been given following their or their partner’s having had a child while in Ireland; and the number of persons who have been deported. [20249/07]
I wish to advise the Deputy that my Department does not collate statistics in relation to the number of parents of Irish born children who are themselves the subject of deportation orders or whose deportation orders have been enforced.
925 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation by a person (details supplied); the date from which his Department regards this application having been made; if his attention has been drawn to the fact that this person applied for naturalisation in 2001, rather than 2002; and if this can be rectified and corrected. [20250/07]
Officials in the Citizenship Section of my Department inform me that there is no record of any application for a certificate of naturalisation from the person referred to in the Deputy's Question. Should the person in question have any further query, the Citizenship Section 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.
926 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the staffing levels in his Department specifically allocated to processing naturalisation applications in each of the years 2003 to date in 2007; the numbers of applications for those years; his plans to address the long delays in processing naturalisation applications; and if he will make a statement on the matter. [20253/07]
There are 46 staff currently assigned to the Citizenship Section of my Department of whom 31 work full time while the remainder work various work sharing patterns. This number has increased from 14 staff in 2003. Staffing levels are kept under constant review having regard to the overall resources available to the Irish Naturalisation and Immigration Service.
The average processing time for applications for naturalisation is approximately 30 months. This is primarily due to the significant increase in the volume of applications received in the last number of years. The table shows the total number of applications received in the years 2003 to date. These figures illustrate a significant upward trend in the number of applications received. With over 5,000 applications received to date in 2007, this trend looks set to continue for the foreseeable future.
|
Year |
Applications for naturalisation received |
|
2003 |
3,580 |
|
2004 |
4,074 |
|
2005 |
4,523 |
|
2006 |
7,030 |
|
2007 (to start of September) |
5,266 |
The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria.
The procedures employed to assess an applicant for naturalisation are as set out in summary form below. Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. Since this procedure was introduced on 1 April 2005, over 3,500 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency.
The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.
The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, there is a limit to the reduction in the processing time that can be achieved.
927 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in County Kildare for a right of permanent residence; and if he will make a statement on the matter. [20276/07]
I refer the Deputy to my previous reply to parliamentary question no. 687 dated 26th June 2007 regarding the person in question. Application was made on 16th May 2007 for a permanent residence card in accordance with EU Treaty Rights. The application was incomplete and it was returned to the applicant in order that he could provide evidence that his spouse is exercising EU Treaty Rights in the State. The applicant to date has not provided evidence that his spouse is currently residing and exercising EU Treaty Rights within the State. The application is therefore deemed to be incomplete and cannot be considered.
It is my Department's understanding that the person he is relying upon to exercise his eligibility under EU Treaty Rights no longer resides in the State and accordingly the applicant is ineligible to apply for residency under EU Treaty Rights. My Department has written to the applicant informing him of this and indicating that he will be issued with a notification under section 3(4) of the Immigration Act, 1999. As an unsuccessful asylum seeker the applicant will be given the opportunity to apply for subsidiary protection and to make representations for permission to remain in the State.
928 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20277/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in June 2005. Officials in that Section are currently processing applications received in the beginning of 2005 and have approximately 1,900 applications on hand to be dealt with before that of the person in question. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in early 2008.
I will inform the Deputy and the applicant when I have reached a decision on the application.
929 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [20294/07]
985 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [20350/07]
I propose to take Questions Nos. 929 and 985 together.
I refer the Deputy to Parliamentary Question No. 316 of Wednesday, 31 January, 2007 and the written reply to that Question. The second named person arrived in the State on 16 December, 1999 and applied for asylum. Her husband, the first named person, arrived in the State on 23 May, 2001 and applied for asylum. Their applications were refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, they were informed by letters dated 30 October, 2002, that the Minister proposed to make deportation orders in respect of them. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before orders are made; or consenting to the making of deportation orders. Representations were received on behalf of the persons concerned.
The second named person has, as an exceptional measure, been granted permission to remain in the State for three years until 09 May, 2010, subject to certain conditions. This was notified to her by letter dated 09 May, 2007. The first named person has, as an exceptional measure, been granted permission to remain in the State for three years until 17 September, 2010, subject to certain conditions. This was notified to him by letter dated 17 September, 2007.
930 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will offer extended residency or alternative status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [20295/07]
The person in question arrived in the State on 29 October, 2006 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated August 31, 2007, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before orders are made; or consenting to the making of deportation orders. She was further informed that she was eligible to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations which came into force 10 October, 2006.
An application for re-admittance to the asylum process under Section 17(7) of the Refugee Act, 1996 (as amended), was received in the Ministerial Decisions Unit on 17 September 2007. This application will be processed in due course.
931 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20296/07]
This applicant applied for asylum on 16 September 2002. Her application was refused and a Deportation Order was made on 11 March 2005. The applicant instituted Judicial Review proceedings on 18 April 2005 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.
932 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20297/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in August 2005. Officials in that section inform me that processing of the application has commenced and the file will be forwarded to me for a decision in the coming months.
I will inform the Deputy and the individual concerned when I have reached a decision on the application.
933 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason references to Romania have been ignored in successive replies to Parliamentary Questions in the name of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20298/07]
995 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for asylum/residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20361/07]
I propose to take Questions Nos. 933 and 995 together.
I refer the Deputy to Parliamentary Questions Nos. 233 of Thursday, 28th June, 2007, No. 101 of Thursday, 1st March 2007, No. 51 of Thursday, 15th February, 2007, No. 377 of Wednesday, 31st January, 2007, No. 54 of Thursday, 30th November 2006, No. 83 of Thursday, 26th October, 2006, No. 187 of Thursday, 1st June 2006, and the written replies to those questions.
The person referred to by the Deputy applied for asylum in the State on 23 May, 2002. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to her by letter dated 21 October, 2002. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which she duly did.
The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 30 April, 2004.
A complete read of the Tribunal's report clearly shows that the member in arriving at his decision to refuse her asylum appeal was fully aware of her country of origin, Angola, which is mentioned no less than 16 times in the text. A single reference to "Romania" was clearly an unintended typographical error which I am satisfied did not in any way prejudice the decision.
In accordance with normal procedures, the applicant's file was forwarded to my Department for final processing of the Asylum claim. A letter issued to the person in question on 20 September, 2004 informing her that her asylum claim had been rejected and that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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 were 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.
934 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status or issue of green card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20299/07]
The person in question was originally granted permission to remain in the State on 13 September 2000 based on his parentage of an Irish born child under the particular scheme which existed at that time. This permission has been renewed for the person concerned until 13 March 2008. The permission to remain in the State granted to the person mentioned is conditional on him continuing to reside in a family unit with the Irish citizen child in question. In the event that the person in question's circumstances change in the future, he should notify the Irish Naturalisation and Immigration Service of my Department immediately as it may affect his residency in the State.
935 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of the residency application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20300/07]
I refer the Deputy to Parliamentary Questions No. 486 of Wednesday, 31 January, 2007, No. 176 of Thursday, 9 February, 2006 and No. 654 of Tuesday, 26th June, 2007 and the written replies to those Questions. The position remains unchanged.
936 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application to remain in the State based on the parentage of an Irish born child in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20301/07]
I refer the Deputy to the reply to Parliamentary Question No. 651 of 26th June, 2007. The position remains unchanged.
937 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20302/07]
I refer the Deputy to Parliamentary Question No. 209, Tuesday, 24th April 2007 and the written reply to that question. The position is unchanged.
938 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20303/07]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in April 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.
This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.
939 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [20304/07]
I am pleased to inform the Deputy that I have approved the application of the first-named person. The Citizenship Section of my Department has written to the applicant requesting certain documentation and a certificate of naturalisation will issue once this documentation has been received.
Applications for certificates of naturalisation from the second and third-named persons were received in August 2006. Due to the fact that applications on behalf of minors generally require less processing than standard adult applications, it is usually possible to finalise them more quickly. It is likely, therefore, that the applications will be submitted to me for a decision in early 2008.
I will inform the Deputy and the individuals concerned when I have reached a decision on the applications.
940 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the application for leave to remain in the State in the case of a person (details supplied ) in County Donegal; and if he will make a statement on the matter. [20305/07]
I refer the Deputy to Parliamentary Questions No. 299 of Wednesday, 31st January, 2007 and No. 131 of Wednesday 29 November, 2006, and the written replies to those Questions. The position is unchanged.
941 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the application for naturalisation in the case of a person (details supplied) in County Kildare. [20306/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in March 2006. Officials in that Section will be forwarding the application to me for a decision in the near future. I will inform the Deputy and the applicant when I have made a decision on the application.
942 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the application for naturalisation will be processed in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [20307/07]
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 December 2005 and February 2006 respectively. Officials in that section inform me that processing of the application of the first-named person has commenced and the file will be forwarded to me in the near future for a decision.
In relation to the second-named person, the average processing time for applications for naturalisation for adults is approximately 30 months. However, I understand that the person concerned is a refugee. 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 application will be finalised by the end of the year. I will inform the Deputy and the individual's concerned when I have made a decision on the applications.
943 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding the application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20308/07]
I refer the Deputy to the response to Parliamentary Question No. 207 for answer on 29 June 2006. To date, no new application for naturalisation has been received from the person in question.
944 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [20309/07]
I am informed by the Immigration Division of my Department that a decision on the Family Reunification application was issued to the person in question to the address held on file on the 22nd August 2006. A change of address in respect of the person concerned was recently received and the decision has been re-issued to the new address.
945 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if and when family reunification will be approved in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20310/07]
990 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the application for reunification in the case of a person (details supplied) in County Dublin and that their absence from this jurisdiction to attend their mothers funeral be disregarded and that the urgent consequent need for reunification be noted; and if he will make a statement on the matter. [20355/07]
I propose to take Questions Nos. 945 and 990 together.
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in November 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.
946 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a permanent residency card will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20311/07]
I informed the Deputy in my answer to parliamentary question no. 636 dated 26th June 2007 that the application for a permanent residency card by the person in question was refused under Regulation 3(2) of S.I. 656 of 2006 (Free Movement of Persons Regulations), on 23 May 2007. This Regulation requires that in order to avail of residency rights under these Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.
The vires of this Regulation was recently upheld in the High Court. The matter is under appeal to the Supreme Court. Although the applicant is not eligible under these Regulations for residency under EU Treaty Rights I am informed that the person in question has renewed her current permission to remain in the State under national provisions which is valid until end of June 2008.
947 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [20312/07]
The first named person arrived in the State 14 October, 2001 as an unaccompanied minor and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 24 June, 2003, 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 were received on behalf of the person concerned. I expect the file to be submitted to me for decision in due course.
The second named person arrived in the State on 09 April, 2001 as an unaccompanied minor. She was re-united with her sister who was residing legally in the State. She made an application for Family Reunification in May, 2001. She was granted Family Reunification on 10 September, 2004. The second named applicant is currently registered to remain in the State until 30 August 2008. The two persons named had a child together in the State on 07 March, 2005. They married in the State on 27 June, 2005.
948 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20313/07]
I refer the Deputy to my previous answer to Parliamentary Question No. 662 put down for answer on the 26th June 2007. The person in question made an application for Family Reunification in May 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.
949 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in Dublin 8 who applied for residency/permission to remain in the State; and if he will make a statement on the matter. [20314/07]
988 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 7; if he will facilitate progress in the issue; and if he will make a statement on the matter. [20353/07]
I propose to take Questions Nos. 949 and 988 together.
I refer the Deputy to Parliamentary Questions No. 318 and 365 of Wednesday, 27 September, 2006, No. 182 of Thursday, 22, June 2006, No. 703 of Tuesday, 25 April, 2006, No. 200 of Thursday, 10 November, 2005, No. 267 of Thursday, 27 October, 2005 and No. 132 of Thursday, 29 September, 2005 and the written replies to those Questions. The position is unchanged.
950 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in regard to the application for family reunification in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [20315/07]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in March 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.
951 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when consideration of the case for residency status will be concluded for a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20316/07]
I refer the Deputy to Parliamentary Question No. 254 of Thursday, 5 July, 2007 and the written reply to that Question. The person concerned and her two children arrived in the State on 01 March, 2001 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. Her children were included in this refusal. She failed to appeal the decision within the specified timeframe therefore the Refugee Appeals Tribunal did not consider her application.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 8 November 2002, that the Minister proposed to make deportation orders in respect of herself and her two children. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before orders were made or consenting to the making of deportation orders. Representations have been received on behalf of the person concerned and her children.
The person concerned and her two children have, as an exceptional measure, been granted permission to remain in the State for three years until 14 August, 2010, subject to certain conditions. This was notified to her by letter dated 14 August, 2007.
952 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application to remain here in the case of a person (details supplied); and if he will make a statement on the matter. [20317/07]
The Immigration Division of my Department has been in touch with the person concerned outlining the options open to her concerning her application for permission to remain in the State.
953 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 22; if progress has been made in respect of family reunification for another person; and if he will make a statement on the matter. [20318/07]
I am informed by the Immigration Division of my Department that the person in question and his wife and two children were admitted into the State under Government decision as Resettlement Quota Refugees in September 2003. The person in question made a Family Reunification application in September 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 up to 24 months to process.
954 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [20319/07]
The person in question was originally granted permission to remain in the State based on his parentage of an Irish born child under the particular scheme which existed at that time. This permission has been renewed for the person concerned until 03/10/2011. The permission to remain in the State granted to the person mentioned is conditional on him continuing to reside in a family unit with the Irish citizen child in question. In the event that the person in question's circumstances change in the future, he should notify the Irish Naturalisation and Immigration Service of my Department immediately as it may affect his residency in the State.
955 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for citizenship by persons (details supplied) in County Kildare; and if he will make a statement on the matter. [20320/07]
An application for a certificate of naturalisation from the first-named person was received in the Citizenship Section of my Department in June 2006. On examination of the application it was determined that the person concerned did not meet the residency requirement as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing her of this was issued, via her solicitors, on 23 July 2007.
It is open to the individual in question to lodge a new application if and when she is in a position to meet the statutory requirements applicable at that time. I have been informed by officials in the Citizenship Section of my Department that there is no record of an application from the second-named person.
956 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; if they have or will be offered identification documentation; and if he will make a statement on the matter. [20321/07]
I refer the Deputy to Parliamentary Question No. 139 of Thursday, 28 September, 2006, Parliamentary Question No. 70 of Thursday, 15 June, 2006 and Parliamentary Question No 248 of Thursday, 16 February, 2006 and the written replies to those questions. The person concerned arrived in the State on 26 February, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 15 February, 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.
His 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. In regard to the issue of an identification document, the Office of the Refugee Applications Commissioner is responsible for the issue of Temporary Residence Certificates to persons who are being considered for refugee status in the State. The Temporary Residence Certificate is not an identity document. In cases where the application for refugee status is determined and refused, the Temporary Residence Certificate is not renewable once it has expired. Accordingly, my Department is not in a position to issue the person in question with an identification document.
957 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 Meath; and if he will make a statement on the matter. [20322/07]
The person concerned arrived in the State on 23 April, 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 25th June, 2003, 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.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course. If the subsidiary protection application is refused, the case file of the person concerned, 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.
958 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 Louth; if a change in status is expected; and if he will make a statement on the matter. [20323/07]
The applicant instituted Judicial Review proceedings on 26 January 2005 challenging the Deportation Order made in respect of him on 27 July 2004. These proceedings were determined on the 26 July 2006 and his leave application to apply for a Judicial Review was refused by the High Court. The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 16 January 2007. His application was refused by my Department on 23 February 2007. The applicant instituted Judicial Review proceedings on 23 March 2007 challenging his Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.
959 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current, proposed or expected residency status in the case of a person (details supplied) in County Cork; if identity documentation has or will be issued; and if he will make a statement on the matter. [20324/07]
The person concerned arrived in the State on 30th April, 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 30th July, 2002, 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. I expect the file to be passed to me for decision in due course.
In regard to the issue of an identification document, the Office of the Refugee Applications Commissioner is responsible for the issue of Temporary Residence Certificates to persons who are being considered for refugee status in the State. The Temporary Residence Certificate is not an identity document. In cases where the application for refugee status is determined and refused, the Temporary Residence Certificate is not renewable once it has expired. Accordingly, my Department is not in a position to issue the person in question with an identification document.
960 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when he expects to have a conclusive reply in respect of the residency decision appeal in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20325/07]
I refer the Deputy to replies to Dáil Questions No. 96 of 26 April, 2007, No. 120 of 22 February, 2007, No. 407 of 31 January, 2007, No. 151 of 14 December, 2006 and No. 56 of 30 November, 2006, in relation to this case. I wish to inform the Deputy that the position remains unchanged.
961 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding naturalisation in the case of a person (details supplied) in County Kildare; the position in relation to their application for family reunification; and if he will make a statement on the matter. [20326/07]
I refer the Deputy to my reply to Parliamentary Question number 253 of 20 March 2007 in which I advised that the application for a certificate of naturalisation had been refused. I also advised that it was open to the person concerned to re-apply for naturalisation at a future date provided he satisfied the statutory conditions and had regard to the reasons for refusing the first application.
Insofar as the person's application for family reunification is concerned, I refer the Deputy to my reply to Parliamentary Question number 317 of 31 January 2007. A review of the application was completed in January 2007 and the person in question was informed that the original decision was upheld.
962 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to his reply to Parliamentary Questions Nos. 697 and 699 of 26 June 2007, the residency status in the case of a person (details supplied); if further consideration is being given in respect of family reunification and the return of children’s passports; and if he will make a statement on the matter. [20327/07]
I understand that the person in question submitted the passports to the Immigration Division of my Department in support of their family for family re-unification. When some discrepancies came to light, these passports were forwarded to the Garda National Immigration Bureau for investigation. The person concerned and her husband have failed to account for these discrepancies and the Garda National Immigration Bureau maintains possession of the passports.
963 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20328/07]
I refer the Deputy to Parliamentary Question No. 624 of Thursday, 6th July, 2006 and the written reply to that question. The person concerned arrived in the State on 9 December, 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 9 December, 2004, 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.
964 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current status or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [20329/07]
I refer the Deputy to Parliamentary Questions No. 310 Wednesday, 27th September, 2006 and the written reply to that question. The person concerned and her three children arrived in the State on 5 July, 2005 and applied for asylum. Her application and those of her children were refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, she was informed by letter dated 24 August, 2006 that the Minister proposed to make a deportation order in respect of her and her children. She was given the options, to be exercised within 15 working days, of, making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State; leaving the State before Deportation Orders were made; consenting to the making of Deportation Orders. Representations in respect of her and her children were received in my Department.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations came into force. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
965 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of the application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20330/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department on 29 August 2005. Officials in that Section are currently processing applications received in the beginning of 2005 and have approximately 2,800 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in the beginning of 2008. I will inform the Deputy and the person in question when a decision is reached in the case.
966 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if and when a Garda National Immigration Bureau card will be renewed in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20331/07]
I am informed by the Immigration Division of my Department that the person in question was granted permission to remain in the State in September 2000 following a Family Reunification application. I understand that the person's permission to remain expired on the 12th January 2004. The Immigration Division has recently written to the person concerned requesting documentation. This matter will be further examined on receipt of the requested documentation.
967 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or proposed residency status in the case of a person (details supplied) in County Meath; if the application for naturalisation has been processed; and if he will make a statement on the matter. [20332/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department on 26 July 2005. Officials in that Section inform me that processing of the application has commenced and it will be forwarded to me in the coming months for a decision. I will inform the Deputy and the person concerned when I have reached a decision on the application.
968 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason an updated green card has not issued in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20333/07]
The person in question was originally granted permission to remain in the State based on parentage of an Irish born child on 8 September 1997, under the particular scheme which existed at that time. The permission was granted on the basis that the person concerned was living in the same household as the Irish born child. However the person's circumstances changed in 2002 and a review of his case took place. Further periods of permission to remain were granted on the basis that the person concerned continued actively discharging the role of parent to the Irish child and his ongoing compliance with an informal maintenance agreement in place with the mother of the child.
The person concerned applied for a renewal of his permission to remain in the State on the above basis in June 2007 at his local Registration Office. His residency had expired on 23 May 2007. His application for renewal was referred to the Irish Naturalisation and Immigration Service of my Department. A request for documentation has recently issued to the person concerned and on receipt of this correspondence a decision will be made on his application.
969 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will re-examine the application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20334/07]
The applications referred to by the Deputy were received in the Visa Office, Dublin on 17th July 2007. They were refused by the Visa Officer on 2nd August 2007.
The applications were refused because it would have been contrary to general policy to approve them and there were no compelling grounds upon which they could be regarded as exceptional. Furthermore insufficient documentation in support of the applications was furnished.
The decision of the Visa Officer may be appealed within two months of the date of decision. In this case before 2nd October. Guidelines on making an appeal can be found on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
970 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20335/07]
The person concerned claimed asylum in the State on 2 January 2001 and had his claim examined by the Office of the Refugee Applications Commissioner following which it was recommended that he should be recognised as a refugee.
Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status by letter dated 25 July 2001. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.
971 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the subsidiary protection application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20336/07]
The person concerned arrived in the State on 26 June, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 30 June, 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 were received on behalf of the person concerned.
On 10th October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
972 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [20337/07]
The person in question was originally granted permission to remain in the State on 9 January 2002 based on his parentage of an Irish born child. This permission has been renewed for the person concerned until 17 April 2008. The permission to remain in the State granted to the person mentioned is conditional on him continuing to actively discharge the role of parent to his Irish citizen child and the ongoing compliance with an informal maintenance agreement in place with the mother of the child.
973 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when he expects to make a decision on whether to allow a person (details supplied) in County Cork to remain temporarily in the State; and if he will make a statement on the matter. [20338/07]
I refer the Deputy to Parliamentary Question No. 120 of Thursday, 29 March, 2007 and the written reply to that question.
The person concerned arrived in the State on 21 June, 2002 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 28 January, 2004, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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 were received on behalf of the person concerned.
On 10th October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations 2006, S.I. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
974 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20339/07]
It is not the practice to comment in detail on individual asylum applications.
As the Deputy will be aware, applications 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 & Law Reform on whether such status should be granted.
A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.
975 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20340/07]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006.
The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.
This application will be considered by my Department and a decision will issue in due course.
At the present time Family Reunification applications are taking up to 24 months to process.
976 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will re-examine the application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20341/07]
I am informed by the Immigration Division of my Department that the Family Reunification applications from the person in question were refused on the 30th July 2007 and a letter outlining the reasons for the refusals issued on the same date.
There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification. Each application is processed on its own merits and the decision reached is based on the information submitted.
If the person in question has significant new information it is open to them to submit a new application for Family Reunification.
977 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date regarding the application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20342/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in June 2004.
On examination of the application it was determined that the person concerned did not satisfy the statutory residency requirement as set out in the Irish Nationality and Citizenship Act 1956, as amended, at the time of application.
A new application form was sent to the person in question by the Citizenship Section that enabled her to make a fresh application under her existing reference number. The completed application form has recently been received in the Citizenship Section and will be dealt with under its existing reference number thus ensuring the applicant will not incur any undue delay.
I will inform the Deputy when I have reached a decision on the application.
978 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to naturalisation or residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20343/07]
I refer the Deputy to my response to Parliamentary Questions Numbers 92 and 442 for answer on 16 November 2006 and 16 May 2006 respectively.
My officials have made frequent unsuccessful attempts to communicate with the person in question. It appears she changed address since lodging her application, but did not inform officials of the Citizenship Section of my Department of this change. A letter has now issued to the person concerned at the address provided by the Deputy in this Parliamentary Question. Processing of the application will continue if/when a reply to this correspondence is received.
I will inform the Deputy and the person in question when a decision is reached in the case.
979 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he has or will consider extended residency or subsidiary protection on humanitarian grounds in the case of persons (details supplied) in Dublin 24; if his attention has been drawn to the fact that part of the evidence offered was misunderstood thereby militating against their interests; and if he will make a statement on the matter. [20344/07]
The person concerned arrived in the State on 08 December, 2003 and applied for asylum. On 16 April, 2005, two of her children arrived in the State as unaccompanied minors. The children were subsequently reunited with their mother and included in her application for asylum. The application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 10 November, 2006, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of deportation orders. In addition, she was notified that she was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006 which came into force on 10 October, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
980 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the expected date for conclusion of the naturalisation process in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [20345/07]
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 June 2005.
Officials in that Section inform me that processing of the applications has commenced and they will be forwarded to me in the coming months for a decision.
I will inform the Deputy and the individuals in question when I have reached a decision on the applications.
981 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20346/07]
The person concerned arrived in the State on 17 April, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 21 October, 2004, 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.
982 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a High Court decision of 7 July 2007 is expected to set a precedent in respect of all refugee appeals dealt with by the particular member of the appeals tribunal; if the allegation that this tribunal member has never granted an appeal is expected to affect the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20347/07]
I am aware of the decision referred to by the Deputy. However, as the case is sub judice, it would be inappropriate for me to comment at this time.
As the Deputy will be aware, applications 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 & Law Reform on whether such status should be granted.
While it is not the practice to comment in detail on individual asylum applications, I would point out to the Deputy that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings.
A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.
983 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain in the State or temporary residency on humanitarian grounds will be offered in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [20348/07]
I would refer the Deputy to the Reply my predecessor gave to his Dáil Question No. 133 of Thursday 29 March 2007. The status of the person concerned remains as set out in that Reply.
984 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or anticipated residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [20349/07]
The person concerned arrived in the State on 06 March, 2000 and applied for asylum. His application was refused following consideration of his case by the Asylum Division, Department of Justice, Equality and Law Reform and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 30 November, 2001, 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.
I expect the file to be submitted to me for decision in due course.
986 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent of residential status conferred on persons (details supplied) in County Kildare; if they can apply for permanent residency or naturalisation; and if he will make a statement on the matter. [20351/07]
On 19th July, 2005 the individual concerned was granted permission to remain in the State for a period of two years, under the revised arrangements for the parents of Irish children born prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme. This permission to remain was renewed for a further three years, valid until 19th July, 2010. At the end of this period the person in question may submit an application for Naturalisation to the Citizenship division of my Department.
987 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20352/07]
994 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected outcome of an application under IBC/05 in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20360/07]
I propose to take Questions Nos. 987 and 994 together.
The person in question submitted an application on 10th September, 2007 for permission to remain in the State under the revised arrangements for parents of Irish children born prior to 1st January, 2005, commonly known as the IBC/05 scheme. Since the closure of the IBC/05 scheme in March 2005, there has been no separate process for applying for residency in the State on the sole basis of parentage of an Irish born child. Accordingly, the application and all documentation submitted with it were returned to the applicant on 11th September, 2007.
989 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a new application for reunification will be considered in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [20354/07]
I am informed by the Immigration Division of my Department that the Family Reunification application from the person in question was refused on the 26th July 2006 and a letter outlining the reasons for the refusal issued on the same date.
There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification.
If the person in question has significant new information it is open to them to submit a new application for Family Reunification.
991 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to his reply to Parliamentary Question No. 698 of 26 June 2007 the extent to which the application for residency status has progressed in the case of a person (details supplied) in Dublin 8; when he expects an outcome in these cases; if each or any of them are expected to be affected by decisions of the High Court on 7 July 2007; and if he will make a statement on the matter. [20356/07]
It is not the practice to comment in detail on individual asylum applications.
As the Deputy will be aware, applications 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 & Law Reform on whether such status should be granted.
Notwithstanding this, I would point out to the Deputy that delays can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings.
A final decision on these applications will be made upon receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Finally, I am aware of the decision referred to by the Deputy. However, as this case is sub judice, the Deputy will appreciate that it would be inappropriate for me to comment further on the matter.
992 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [20358/07]
I refer the Deputy to Parliamentary Questions Nos. 178 of Tuesday, 5th December, 2006 and 138 of Wednesday, 8th November, 2006 and the written replies to those questions. The position remains unchanged.
993 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when consideration for naturalisation will be given in the case of a person (details supplied); if a review will be given in the case of their spouse’s application for residency; and if he will make a statement on the matter. [20359/07]
An application for a certificate of naturalisation from the first-named person was received in the Citizenship Section of my Department in February 2006.
On examination of the application, it was determined that the person concerned did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing her of this was issued on 11 April 2006.
It is open to the individual concerned to lodge a new application if and when she is in a position to meet that statutory requirements applicable at that time.
An application for long term residency from the second-named person was received by the Immigration Division of my Department in March 2007. I understand that applications received in early July 2006 are currently being processed.
I will inform the applicant and the Deputy when I have reached a decision on this application.
996 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the proposed EU Framework Decision on procedural rights in criminal proceedings; the reason Ireland has opposed the measure which would provide minimum standards for treatment of suspects in custody; and if he will make a statement on the matter. [20411/07]
I am aware of the proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union. The proposal has been before the JHA Council for over three years and an overall consensus has not been reached.
A number of Member States, including Ireland, have difficulties of various kinds with the proposal. Our difficulties have always concerned legal competence and certainty rather than substance. We are not opposed to effective procedural safeguards. Indeed Ireland has a comprehensive set of procedural rights in place which exceed those in the current proposal. Our position, formulated in consultation with the Attorney General, is that:
(i) there is no legal base within the Treaties for procedural safeguards and therefore the Union lacks the competence to legislate in this area, and
(ii) there is already a set of procedural safeguards enshrined in Articles 5 and 6 of the European Convention on Human Rights, to which all Member States of the Union are party and over which the European Court of Human Rights has jurisdiction.
The cited legal base, Article 31(1)(c) of the Treaty of European Union, provides for measures to improve judicial cooperation by ensuring compatibility between Member States' rules as may be necessary for that purpose. It has never been demonstrated that this measure is necessary for the purpose of judicial cooperation and mutual recognition, as is required by that Article. Furthermore the proposals which are on the table add nothing to either domestic law or the European Convention on Human Rights. Bearing this in mind, we are unwilling to accept the risks arising from a potential conflict of jurisdiction between the European Court of Justice and the European Court of Human Rights, increasing complexity for practitioners, and legal uncertainty.
Notwithstanding our fundamental objections to the proposal, we have actively supported initiatives to promote improvements in the standard of procedural safeguards throughout the Union. We have cosponsored a resolution with the United Kingdom, the Czech Republic, Cyprus, Malta and Slovakia which would promote a package of practical measures to enhance compliance with the existing ECHR standards on procedural rights. In addition, we indicated our willingness at the JHA Council in April to consider a binding proposal for proceedings with a cross border dimension. Regrettably the Presidency initiatives which followed sought to encroach on the domestic jurisdiction of Member States through time clauses and other procedures.
This proposal was last discussed at the JHA Council on 12/13 June. At that time Ireland, and several other Member States, took the view that progress could be achieved by means of the adoption of a political resolution on practical action to implement the ECHR benchmark on procedural rights. Such an approach would avoid the potential for legal conflicts between Union law and the jurisprudence of the European Court of Human Rights. However no agreement was reached. I now await any further proposals from the Presidency on how the matter might be progressed.
997 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was treated in such a way; and if he will respond to the issues raised. [20418/07]
The entitlements of foreign nationals in the State and the conditions applicable to them depend on their immigration status. A foreign national may be granted permission to remain on the basis of self-sufficiency. The underlying principle regarding self-sufficiency is that the foreign national who is here on that basis would not need to avail of State funds or State funded services nor would any dependent family member who was allowed enter the State require such State benefits. If the student child of a parent who is in the State on the basis of self-sufficiency were to be enrolled in a State funded school that would conflict with the principle of self-sufficiency.
In relation to the individual who is the subject of this Parliamentary Question, I understand that he initially presented at Immigration Control at Dublin Airport on the basis that he was coming to the State to study and that his wife and child were availing of a two-week vacation. However, when questioned by an Immigration Officer it transpired that the family members intended remaining in the State for longer than a short-term vacation and that arrangements had already been made for their daughter to attend a non-fee paying secondary school in the State.
On this basis and having regard to the provisions of the Immigration Act 2004 in relation to the need for foreign nationals to be self-sufficient, the Immigration Officer decided to refuse the application to land in respect of the individual's wife and child. There was no issue with regard to the individual himself, but he chose not to enter the State without his wife and child. The situation was fully explained to the individual at the time and was subsequently set out in detail in a letter from the Garda National Immigration Bureau to the person concerned.
It is incumbent upon any person embarking on a journey to another jurisdiction to be aware of the conditions of entry to the jurisdiction concerned and, in particular, if he or she is entitled to enter the State for the duration and purpose intended. In this regard Irish Immigration law, to a significant extent, is similar to that of most other countries including the USA. The fact that the individual's wife and daughter were refused permission to enter the State on this occasion does not prevent them from making another application for a permission in the future.
998 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the position of a visa application by a person (details supplied) in County Galway; and if he will make a statement on the matter. [20430/07]
The person in question was granted permission to remain in the State on 22 July 2005 under the revised arrangements for the parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. An application for renewal of this permission was received in my Department on 13 June 2007. I am pleased to inform the Deputy that the permission to remain for the person in question was renewed until 22 July 2010.
999 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform the purchase price of the additional lands acquired to facilitate the provision of an alternative road access to the Thornton Hall prison site; and if he will make a statement on the matter. [20435/07]
The question of providing an alternative access to the proposed prison site was raised by members of the local community with my predecessor following the purchase of the Thornton Hall site in 2005. Notwithstanding the fact that the existing access road had been assessed as suitable and of adequate capacity to service the proposed development, it was agreed to afford full consideration to any alternative proposals received.
Subsequently, following approaches from local landowners, a viable alternative access route to the site was identified. In addition to addressing the perceived concerns of local residents in relation to the existing access road, it was recognised that a separate designated access to the site would greatly facilitate the construction phase of the development as well as removing all future traffic generated by the prison complex from the existing local road. The cost of the lands in question amounts to €1,305,000 for 8.7 acres which equates to €150,000 per acre. I am pleased that my Department has been able to respond positively to the concerns expressed by local residents.
1000 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform when the environmental impact statement will be completed and published for the Thornton Hall prison development; and if he will make a statement on the matter. [20436/07]
The Environmental Impact Assessment (EIA) for the proposed prison development at Thornton Hall, County Dublin is being prepared in accordance with the provisions of the Prison Act, 2007. I expect to receive the EIA towards the end of October or early November 2007. The Prisons Act 2007 provides that a copy of the EIA will be made available to any interested party.
1001 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 8; when a decision will be made; and if he will make a statement on the matter. [20452/07]
The person in question arrived in the State on 26 August 2002, as an unaccompanied minor. He applied for asylum on 5 September 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 29 September 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 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 were received on behalf of the person in question. I expect the case to be submitted to me for decision in due course.
1002 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 2; when a decision will be made; and if he will make a statement on the matter. [20453/07]
The person concerned arrived in the State on 28 September 2004 as an unaccompanied minor. He applied for asylum on 13 January 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 14 November 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 were received on behalf of the person concerned.
On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person in question was notified of these new regulations and invited to apply for Subsidiary Protection and to update his representations to remain temporarily in the State by letter dated 23 May 2007. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
1003 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 2; when a decision will be made; and if he will make a statement on the matter. [20454/07]
The person concerned arrived in the State on 16 May, 2005 as an unaccompanied minor and applied for asylum. Following an age assessment interview with the Office of the Refugee Applications Commissioner he was deemed to be an adult for the purposes of examining his asylum application. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 11 April, 2006, 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 were received on behalf of the person concerned.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations came into force. My Department notified the person concerned by letter dated 15 May, 2007 that he was eligible to apply for Subsidiary Protection in the State in accordance with these Regulations, included in this letter was the necessary application form with explanatory document, outlining the procedure and guidelines for submitting an application for Subsidiary Protection. The person concerned has not submitted an application for Subsidiary Protection in the State in accordance with these Regulations. However, he did submit up to date representations to be considered under Section 3 of the Immigration Act, 1999, as amended.
The case file of the person concerned, 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.
1004 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a dealing for a person (details supplied) in the Land Registry Office will be completed. [20455/07]
As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
In order to be of assistance I have forwarded the Deputy's query to the Authority for its attention and direct reply. I understand that a reply has already issued. I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.
1005 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform when an application for a certificate of naturalisation by a person (details supplied) in County Limerick will be processed and issued. [20458/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in October 2005. Officials in that Section are currently processing applications received in the beginning of 2005 and have approximately 3,300 applications on hand to be dealt with before that of the individual concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.
It is likely, therefore, that further processing of the application will commence in the first half of 2008. I will inform the Deputy and the person concerned when I have reached a decision on the application.
1006 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform when an application for long term residency by a person (details supplied) in County Limerick will be processed and issued. [20459/07]
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 in August 2006. An acknowledgment letter was sent to the person concerned on 3rd September 2007. I understand that applications received in early July 2006 are currently being dealt with.
1007 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if there are new procedures being introduced which will apply to the establishment of trusts under wills, in order to comply with the Third Directive on Money Laundering; the new procedures required; his assessment of the compliance cost on the part of the person seeking to establish trusts for minor children, relatives with a disability and so on and intestate estates; and if he will publish a detailed regulatory evaluation statement as is envisaged by the Government’s proposals for better regulation. [20460/07]
I expect to submit to Government shortly a General Scheme of a Bill, the purpose of which is to give effect in Irish Law to Directive 2005/60/EC (‘The Third Money Laundering Directive') on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. The proposed scheme will also take into account certain recommendations arising from the Financial Action Task Force (FATF) third mutual evaluation report (2006) on Ireland's measures to combat money laundering and the financing of terrorism. The proposals will update current legislation in this area and strengthen Ireland's existing anti-money laundering and anti-terrorist financing legal framework set out in the Criminal Justice Act 1994 as amended by the Criminal Justice (Theft and Fraud Offences) Act 2001 and the Criminal Justice (Terrorist Offences) Act 2005.
The provisions of the Directive apply inter alia to notaries and other independent legal professionals when acting on behalf of their clients in the planning or execution of transactions concerning the creation and management of trusts, including the establishment of trusts under wills. The proposals which I will submit to Government will include measures to be applied in relation to issues such as customer due diligence including customer identification. As is currently the case under existing legislation there will be a role for more detailed guidance notes or codes of practice to be applied in particular sectors and drawn up or approved by regulatory or self-regulatory bodies.
In line with Government Policy a screening Regulatory Impact Analysis on the application of the Third Money Laundering Directive has been carried out by my Department together with the Department of Finance. The process involved extensive consultations with interested parties including the Law Society of Ireland and the Society of Trust and Estate Practitioners. Subject to Government approval it is my intention to publish this Regulatory Impact Assessment and the General Scheme of the proposed Bill with a view to allowing a further period of consultation with all of the parties affected by the provisions of Directive 2005/60/EC.
1008 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the application for family reunification by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20462/07]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in May 2007. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.
This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.
1009 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [20463/07]
I refer the Deputy to Parliamentary Questions No. 87 Thursday, 01 February, 2007 and the written reply to that question.
The person concerned arrived in the State on 18 December, 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 19 August, 2004, 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.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
1010 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if or when family reunification in the case of a person (details supplied) in County Kildare will be approved, in view of the fact that all the documentation has been furnished; and if he will make a statement on the matter. [20464/07]
I am informed by the Immigration Division of my Department that an application for family reunification under Section 18 of the Refugee Act 1996 by the person in question was made in July 2005. Following the receipt of additional documentation, this application is under consideration by my Department and a decision will issue in due course.
1011 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason a green card has not been renewed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20465/07]
1012 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20466/07]
I propose to take Questions Nos. 1011 and 1012 together.
I am informed that the Immigration Division of my Department have been in touch with the person in question requesting further documentation. On receipt of these documents her case will be further processed.
1013 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the present circumstances of a scheme (details supplied) on the westside of Galway City; if the report commissioned giving details on this scheme is available for public consultation; and if he will make a statement on the matter. [20474/07]
1014 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if he will provide further details on the 12 new Garda youth diversion projects recently announced; the nature, location and funding available to the project envisioned for Galway; if it is planned that this project will be operational alongside an established scheme (details supplied) of this nature based on the westside of the city; and if he will make a statement on the matter. [20475/07]
I propose to take Questions Nos. 1013 and 1014 together.
Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved (or further involved) in anti-social and/or criminal behaviour by providing suitable activities to facilitate personal development, and promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda/community relations.
The recent establishment of 12 new Garda Youth Diversion Projects brings the current total to 93 projects operating throughout the country. This represents significant progress towards fulfilling the pledge made by the Government to increase the number of Garda Youth Diversion Projects in Ireland to 100 by the end of this year. I am confident that this target is an attainable one.
The 12 recently announced projects are based in the following areas, three in Dublin, Store Street, Dublin 1, Brookfield in Tallaght, and Swords, Co Dublin, two in Cork, Douglas and Youghal and one in each of the following areas; Limerick City, Galway City, Falcarragh, Co Donegal, Portarlington, Co Laois, Drogheda, Co Louth, Tramore, Co Waterford and Enniscorthy Co. Wexford. Each of these projects, including the newly established Garda Youth Diversion Project in Galway City, will be provided with an annual budget of €75,000 minimum to provide for their operation costs each year.
The project on the westside of Galway city to which the Deputy refers was suspended in May 2005 following the withdrawal of the services of the management company funded to operate the project. Prior to the establishment of another project in the area, an independent evaluation was carried out on behalf of the Garda Commissioner to assess the need for a Garda Youth Diversion Project in the Galway area. I am pleased to advise you that the new Garda Youth Diversion Project in Galway is to be established in the westside area of Galway City. This project will be managed by Foróige and a new Project Management Committee has been established.
1015 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform if Council Directive 93/15/EEC of 5 April 1993 is being adhered to in full; and if not, the reasons for same. [20485/07]
Council Directive 93/15/EEC (with the exceptions of Articles 10 and 11) on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses was given effect by Statutory Instrument. The relevant S.I. is No. 115 of 1995 — European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) Regulations, 1995.
The requirements of Articles 10 and 11 (which deal with transfers of ammunition) are provided for in Statutory Instrument No. 362 of 1993 — European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 — which gives effect to Council Directive 91/477/EEC on the control of the acquisition and possession of weapons.
1016 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform the reason his Department is refusing certain licences to import primers and so on to licence holders for the purposes of competitive pistol shooting; and if he will make a statement on the matter. [20486/07]
I take it that the Deputy is referring to the importation of certain component parts used in the reloading of ammunition. I have sought the views of the Garda Commissioner on this issue and I am informed that he does not support the reloading of ammunition for handguns particularly in the context that reloaded ammunition cannot be traced and that it has been used in gun crime. Taking into account all the factors to which I must have regard I do not propose to issue any licences for this purpose.
1017 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the reason funding was withdrawn for the Irish missing persons helpline which closed in 2005; if he has plans to re-instate funding to enable them to operate; and if he will make a statement on the matter. [20487/07]
The National Missing Persons Helpline was established in October, 2002. Initially funding of €65,000 (to include set up costs) was made available by my Department to establish a dedicated National Missing Persons Helpline, to be operated and administered by Victim Support an independent, non-governmental organisation with charitable status. Further funding of €45,000 was provided to Victim Support to operate the Helpline in 2003. This funding was in addition to the ongoing funding that the organisation Victim Support received for the provision of services to victims of crime.
This funding was provided subject to the conditions that no funding beyond the year 2003 should be implied and audited accounts should be provided to my Department on a calendar year basis. The Missing Persons Helpline operated from the headquarters of Victim Support alongside Victims Support's own helpline for victims of crime. The Victim Support organisation received financial support from my Department from 1985 to 31 March 2005, during which period € 8.3 million was made available to it.
In March 2005, my predecessor decided that continued funding of the Victim Support organisation could no longer be justified due to serious concerns in relation to governance, accountability for public funds and poor service levels, after a lengthy period of instability within the organisation. I understand that Victim Support closed down its headquarters operation during 2005 and that a number of staff were made redundant, including the person employed to operate the Missing Persons Helpline. My Department had no role in the decision of Victim Support to make a number of its staff redundant, other than to insist that statutory requirements (notice, holiday pay, etc.) be met and that the interests of the staff be protected. Also in March 2005, my predecessor established a new Commission for the Support of Victims of Crime to devise an appropriate support framework for victims of crime into the future and to disburse funding for victim support measures.
I am informed that funding to support the operation of a missing person's helpline and to provide such ongoing supports as are necessary to operate such a helpline is being considered by the Commission for the Support of Victims of Crime, on foot of an application to them by Missing in Ireland Support Services (MISS) on the 1st February, 2007. The Commission has been in ongoing contact with the Chairperson of MISS over the past months and its Chairperson and a member of the Commission met with representatives of MISS on Wednesday, 20 June 2007 to discuss their application.
I am further informed that the Commission are awaiting clarification on a number of issues by MISS before their application can proceed. It should be borne in mind that the Commission is charged with funding support services for victims of crime, and that, while some persons who are missing are crime victims, most are not. I should also point out that the Commission is entirely independent in the performance of its functions and it would not be appropriate for me to comment or intervene in any way with a decision taken by the Commission in relation to the allocation of funding.
1018 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to have an application processed for a person (details supplied) in County Westmeath to remain as a self employed person here; and if he will make a statement on the matter. [20493/07]
The person concerned made an application for permission to establish and operate a business within the State in November 2006. Documentation has been requested, however, the person concerned has encountered difficulties in obtaining the documentation required to finalise his application. Additional time has been given to the applicant to allow him acquire the documentation and a decision shall be reached on receipt of same.
1019 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the status of the naturalisation application by a person (details supplied) in County Kerry; when a decision will be made; and if he will make a statement on the matter. [20495/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department on the 8th December 2006.
Officials in that Section are currently processing applications received in the beginning of 2005 and have approximately 11,300 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence mid-2009.
I will inform the Deputy and the person in question when a decision is reached in the case.
1020 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. [20510/07]
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 since the third quarter of 2006. 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.
1021 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) whose initial application was rejected, whose family is settled in Galway and who has become a valued and respected member of the local community. [20515/07]
The person concerned arrived in the State on 29 December, 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
The person concerned made an application for EU Treaty Rights on 09 August, 2006 on the basis that his child who was born in Ireland on 21 June, 2004 is an Irish citizen and therefore, the child is also an EU citizen. However, the application was refused on 16 August, 2007 as the child had never been resident in another EU State.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 13 March, 2007, 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. In addition, he was notified that he was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations which came into force on 10 October, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
1022 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) whose application is, inter alia, based on medical grounds and the need to obtain humanitarian leave to remain on medical grounds. [20516/07]
The person concerned arrived in the State on 08 September, 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 31 December, 2002, 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 were received on behalf of the person concerned.
The case file of the person concerned, including all representations and medical evidence submitted will be considered under Section 3 of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the case file to be passed to me for decision in due course.
1023 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if and when it is expected to grant residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20529/07]
I refer the Deputy to Parliamentary Question No. 77 of Thursday, 15 June, 2006 and the written reply to that Question. The person concerned arrived in the State on 23 May, 2000 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 30 December, 2002, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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.
1024 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a decision is expected to be made in the application for residency in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [20530/07]
I refer the Deputy to Parliamentary Question No. 707 of Tuesday, 26 June, 2007 and the written reply to that question.
Following consideration under Section 3 of the Immigration Act, 1999, as amended and Section 5 of the Refugee Act, 1996, as amended, and as a exceptional measure, the person concerned has been granted permission to remain in the State for three years until 24 September, 2010, subject to certain conditions. This was notified to him by letter dated 24 September, 2007.
1025 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the family reunification application of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [20531/07]
I am informed by the Immigration Division of my Department that 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 up to 24 months to process.
1027 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the application for family reunification by a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20533/07]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006.
The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.
This application will be considered by my Department and a decision will issue in due course.
At the present time Family Reunification applications are taking up to 24 months to process.
1028 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in respect of residency status, permanent or temporary, in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [20535/07]
The person in question and her son arrived in the State on 06 January, 2003 and applied for asylum. Her application was refused following consideration of her and her son's case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 17 August, 2005, that the Minister proposed to make a deportation order in respect of her and her child. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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 were received on behalf of the person in question.
I expect the file to be submitted to me for decision in due course.
1029 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress regarding the request for extended residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [20536/07]
The person in question submitted an application for permission to remain in the State under the revised arrangements for parents of Irish children born prior to 1st January 2005, commonly referred to as the IBC/05 scheme. The application was refused as the individual concerned did not meet the criteria of the scheme. The person in question, and his legal representative, were both notified of this decision by registered post on 7th June 2006.
My Department is currently appealing a number of matters related to the IBC/05 scheme to the Supreme Court. The matters raised in the application in question may be considered further in light of the findings of the Court.
1030 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the needs of a person (details supplied) in Dublin 8; if he will use his discretionary powers to grant temporary residency on humanitarian and compassionate grounds, with a view to alleviation of anxiety and stress caused by the concept of repatriation; and if he will make a statement on the matter. [20537/07]
I refer the Deputy to Parliamentary Questions No. 121 of Tuesday, 24 April, 2007, No.131 of Thursday, 29 March, 2007, No. 131 of on Thursday, 8 March, 2007, No. 173 of Wednesday, 6 December, 2006 and No. 158 of Thursday, 11 May, 2006 and the written replies to those Questions.
The file of the person concerned is currently being considered and a decision in the matter will issue in the near future.
1031 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in Dublin 6; if he will use his discretionary powers to approve the application; and if he will make a statement on the matter. [20538/07]
The application referred to by the Deputy was received in the Visa Office, Dublin on 27th February 2007. It was refused by the Visa Officer on 14th March 2007 for a number of reasons: There was insufficient documentation submitted in support of the application; no evidence of finances was shown; the applicant had previous visa refusals; and it was the opinion of the Visa Officer that the granting of the visa may result in a cost to public funds and public resources.
An appeal was received on 31st May 2007. The decision of the Visa Appeals Officer was to uphold the original decision. As each applicant is entitled to one appeal only, no further review of this matter can be facilitated. It is however an option for the applicant to make a fresh application. Comprehensive information on making a visa application is available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
1032 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for leave to remain in the State in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [20539/07]
The person concerned arrived in the State on 29 April, 2003, as an unaccompanied minor, and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 08 September, 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.
1033 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for refugee status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [20540/07]
It is not the practice to comment in detail on individual asylum applications.
As the Deputy will be aware, applications 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 & Law Reform on whether such status should be granted.
A final decision on this application will be made upon receipt of the recommendation of the Refugee Applications Commissioner.
1034 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he will reply to this Deputy’s letter of 14 February 2007 which was a follow up to Parliamentary Question No. 287 of 31 January 2007; and if he will make a statement on the matter. [20561/07]
I refer the Deputy to the answer to Parliamentary Question No. 287 of 31st January 2007, in which it was stated that the person in question has no entitlement to Family Reunification under the provisions of Section 18 of the Refugee Act 1996.
With regard to the Deputy's letter of the 14th February 2007 and the various issues raised, the Immigration Division of my Department will be in contact with the person concerned and the Deputy in due course.
1035 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform if he will address the two GSRMA proposals towards bringing closure to their pensionability issue in view of the fact that the number of members and widows involved pre 1982 are aged and fast dwindling and in respect of pre 1993 retirees who have been precluded from the pensionability of unsocial hours allowances where the proposal for closure would cost a mere fraction of the full cost of pensionability; and if he will make a statement on the matter. [20566/07]
Garda superannuation benefits are paid in accordance with the Garda Síochána Pensions Orders and Agreed Reports of the Garda Conciliation Council. The Government decided in September 2001 to accept the thrust of the package of reforms recommended by the Commission on Public Service Pensions and to establish a Working Group to advise on implementation, as provided for in the Programme for Prosperity and Fairness. Parallel structures with the same remit were established in the case of An Garda Síochána and the Defence Forces. The operational details of the implementation of the Commission recommendations have been agreed by Government following receipt of a report from the Implementation Working Group and a report from Garda Parallel Working Group.
The Commission considered the issue of parity of pensions for members of An Garda Síochána who retired prior to 1993 (who do not receive the unsocial allowance element in their pensions) and for those who retired prior to 1982 (who do not receive rent and other allowance elements in their pensions). The Commission also examined the specific issue of the pensionability of allowances for members of An Garda Síochána and others, as part of its deliberations, but having assessed the arguments, did not recommend any increase in pension for the groups involved.
Having regard to the Commission's report, I have no plans to initiate a further review on the matter.
1036 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform if an extra permanent Garda will be appointed to a village (details supplied) in County Clare; and if he will make a statement on the matter. [20580/07]
I am informed by the Garda authorities that there is currently one full time Garda assigned to Quin Garda Station, Co. Clare. Quin Garda Station forms part of the Ennis District and as of 31 August last, the latest date for which figures are readily available, the personnel strength of Ennis District was 190.
It is the responsibility of the Garda Divisional Officer to allocate personnel within his or her Division taking everything into account.
The situation will be kept under review by the Garda Commissioner and when additional personnel next become available the needs of Quin Garda Station will be fully considered by him within the overall context of the needs of Garda Divisions throughout the country.
1037 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform if members of the Garda Reserve have been allocated to Clondalkin, Ronanstown, and Lucan Garda Stations to carry out duties in the surrounding communities. [20630/07]
2 Garda Reserve members are attached to the Lucan Garda Station and another 2 Reserve members are attached to the Clondalkin Garda Station.
As yet, there have not been any Reserve members deployed to Ronanstown Garda Station.
1038 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the number of community Gardaí stationed at Ronanstown Garda Station for the years 2002 to date in 2007. [20631/07]
The personnel strength of the Community Policing Unit in Ronanstown Garda Station as at the 31st December in each year from 2002 to 2006 was as set out as follows:
|
Station |
2002 |
2003 |
2004 |
2005 |
2006 |
|
Ronanstown |
12 |
13 |
16 |
13 |
11 |
On 31 August last, the latest date for which figures are readily available, the personnel strength of the Community Policing Unit in Ronanstown Garda Station was 10. The Deputy will appreciate that, as with any large organisation, on any given day, the overall strength of the organisation may fluctuate due, for example, to retirements, resignations etc.
Community Policing is a central feature of current policing policy and members of Community policing units are encouraged to engage with the local communities where they are assigned. Current policing policy 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 is, and will continue to be, central to the delivery of a quality policing service. All Gardaí have a responsibility, inter alia, to be involved in Community Policing issues as they arise.
It is the responsibility of the Garda Divisional Officer to allocate personnel within his or her Division taking everything into account. The situation will be kept under review by the Garda Commissioner and when additional personnel next become available the needs of the Community Policing Unit in Ronanstown Garda Station will be fully considered by him within the overall context of the needs of Garda Divisions throughout the country.
1039 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform when he will appoint the promised 2000 extra Gardaí, in view of the fact that low-level staffing in rural areas is causing an escalation of anti-social behaviour, which is impacting on communities, with children afraid to play in their gardens and making neighbourhoods unsafe for families; and if he will make a statement on the matter. [20666/07]
Under the Programme for Government the strength of An Garda Síochána will rise to 15,000 Gardaí in 2010 and 16,000 in 2012. A total of 780 recruits have commenced training in the Garda College since the beginning of 2007 and a new rolling recruitment campaign has just begun — advertisements in relation to it were placed in last Sunday's national newspapers.
Specifically in relation to anti-social behaviour, An Garda Síochána 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. A number of initiatives for early intervention in anti-social behaviour have begun including improved CCTV systems, warnings from members of An Garda Síochána, good behaviour contracts, the Juvenile Diversions Programmes and ultimately a behaviour order from the Children Court. In addition to the foregoing, 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, 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.
1040 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) for a visa to enter the country; and if he will make a statement on the matter. [20673/07]
I am pleased to inform the Deputy that the application referred to was approved on the 20th September 2007.
1041 Deputy John Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application made in summer 2004 by a person (details supplied) in Dublin 22 to remain here on humanitarian grounds. [20677/07]
I refer the Deputy to Parliamentary Question No. 496 of Tuesday, 22nd November, 2005 and the written reply to that question.
The person concerned arrived in the State on 28 April, 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 25 May, 2004, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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.
On 10th October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, 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.
1042 Deputy John Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for certificates of naturalisation made by persons (details supplied) in County Dublin. [20678/07]
I am pleased to inform the Deputy that applications from the persons concerned have now been approved and certificates of naturalisation have recently issued to them.
1043 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [20681/07]
I am informed by the Immigration Division of my Department that a decision on the Family Reunification application was issued to the person in question on the 19th September 2007
1044 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in regard to an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20682/07]
I am informed by the Immigration Division of my Department that a Family Reunification application by the person in question was refused in July 2006.
I understand that the legal representatives of the person in question have been in contact with the Immigration Division regarding this matter and a response has recently issued to them.
1045 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an examination for naturalisation will be completed in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [20683/07]
I refer the Deputy to the reply to Parliamentary Question 695 of 26 June 2007. The position remains as stated.
1046 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress in the matter of an application to remain in the State in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20684/07]
I refer the Deputy to Parliamentary Questions No. 252 of Thursday, 5th July, 2007 and 122 of Thursday, 29th March, 2007 and the written replies to those questions. The position remains unchanged.
1047 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 County Kildare who wishes to remain here and who is the parent of an Irish born child; and if he will make a statement on the matter. [20685/07]
The person concerned arrived in the State on 09 May, 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 31 August, 2007, 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.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person in question was notified of these new regulations by letter dated 31 August, 2007, and it is open to him to apply for Subsidiary Protection and also submit fresh representations to remain temporarily in the State. I expect the file to be passed to me for decision in due course.
1048 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the Garda numbers in the western region for each of Mayo, Galway, Roscommon and Galway east, Sligo and Leitrim divisions; and if he will make a statement on the matter. [20688/07]
The latest date for which the figures requested by the Deputy are readily available is 31 August 2007.
The following is a breakdown of Garda numbers in the Western Region for the Divisions requested by the Deputy:
|
Division |
Strength |
|
Galway West |
412 |
|
Roscommon/Galway East |
265 |
|
Mayo |
301 |
|
Sligo/Leitrim |
289 |
1049 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform the consideration that has been given to the Terence Wheelock inquiry issue since the split decision of the inquest jury; if the evidence gathered by the independent experts arranged by the family will be given careful consideration with a view to a further inquiry; and if he will make a statement on the matter. [20737/07]
I have considered the tragic circumstances of the death of Terence Wheelock and my consideration was further informed by the verdict of the Inquest jury on 13 July of this year. In so far as the inquest is concerned, I am clear that a Coroner's inquest is a statutorily independent inquisitorial process and, that even if all of the information relevant to the jury's determination were available to me, I could not attempt to look behind its verdict for any purpose.
Nonetheless I am pleased to say that the Chairman of Garda Síochána Ombudsman Commission has informed me that they have decided in the public interest to carry out an investigation into the circumstances surrounding the death of Mr Wheelock.
The capacity for independent investigation in the public interest of such tragic deaths was a key objective in the establishment of the Ombudsman Commission and I believe that the Commission must now be left to carry out its independent investigation as speedily and thoroughly as possible.
1050 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform when the recruitment of additional Garda Síochána will take place; and if he will make a statement on the matter. [20769/07]
Recruitment to An Garda Síochána is a matter in the first instance for the Commissioner of An Garda Síochána who avails of the services of the Public Appointments Service for recruitment. The Public Appointments Service is located in Chapter House, 26-30 Abbey Street Upper, Dublin 1, and can be contacted at Lo-Call 1890 44 99 99 or by e-mail at info@publicjobs.ie.
A new rolling recruitment campaign has just begun and an advertisement in relation to it was placed in last Sunday's national newspapers. It was also advertised at www.publicjobs.ie and more information on recruitment into An Garda Síochána is available at that website or at www.garda.ie.
1051 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform the reason for the delay in issuing an extension of a visitor’s visa for a person (details supplied) in County Waterford; and when it will issue. [20770/07]
I have been informed that the Immigration Division of my Department issued a letter to the above named on 23rd August 2007 in relation to her application for permission to remain in the State.
1052 Deputy Bobby Aylward asked the Minister for Justice, Equality and Law Reform when he proposes to confirm the appointment of new members to the criminal injuries compensation tribunal to allow hearings to proceed which to date have been delayed by almost a year; and if he will make a statement on the matter. [20801/07]
I can inform the Deputy that I have recently made arrangements to appoint a new Criminal Injuries Compensation Tribunal and will announce its membership shortly. I can also confirm for the Deputy that the process of appointing the new Tribunal has not resulted in delays along the lines referred to by him.
1053 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he has received an application or request to extend the ex gratia legal aid scheme to a family, to cover the cost of legal representation at a hearing due to be conducted in Lanzarote following the death of an Irish citizen (details supplied); and if he will make a statement on the matter. [20823/07]
I can confirm that I have received the application in question and that it is currently receiving careful attention.
1054 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform if he will expedite an application for citizenship for persons (details supplied). [20839/07]
Applications for certificates of naturalisation from the persons referred to were received in the Citizenship Section of my Department in May 2007.
Officials in that Section are currently processing applications received in early 2005 and have approximately 14,400 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. As no reason has been put forward by the Deputy which would justify the applications being dealt with ahead of other applicants, it is likely that further processing of the applications will commence towards the end of 2009. I will inform the Deputy and the persons in question when I have reached a decision on the applications.
1055 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when a decision will issue in the case of a person (details supplied) in County Tipperary who has applied for long-term residency. [20840/07]
As outlined in Parliamentary Question No. 272 put down for answer on the 27th February 2007 and Parliamentary Question No. 227 put down for answer on the 28th June 2007, 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.
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 20th July 2006. I understand that applications received in early July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.
1056 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a safety and security plan will be put in place at a location (details supplied) in Dublin 3 in order to deal with anti-social activities that are prevalent. [20860/07]
I am informed by the Garda authorities that the area referred to is policed from Clontarf Garda Station and is regularly patrolled by mobile and beat patrols with a view to ensuring a concentrated and visible Garda presence in the area.
I am also informed that there have been no complaints recorded recently regarding anti-social behaviour in the area referred to by the Deputy.
The Community Policing Unit has lead responsibility for policing in this area and has evolved a good partnership approach to problem solving in conjunction with the community. The incidence of crime in the area and the allocation of personnel resources are kept under constant review by local Garda management.
Current policing policy in the area is predicated on the prevention of crime including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.
1057 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will further investigate police forces that have officers wearing turbans (details supplied) while they are carrying out their public duties. [20861/07]
1058 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will enter direct dialogue with the Irish Sikh Council on the turban issue. [20862/07]
1059 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will respect best international practice by allowing Sikhs to wear their turbans when joining An Garda Síochána and the Garda Reserve. [20863/07]
I propose to take Questions Nos. 1057 to 1059, inclusive, together.
The Garda Síochána Uniform and the wearing of any items of clothing as part of that Uniform, for either the full time Force or the Reserve, is a matter for the Garda Commissioner.
There have been consultations between the sikh community and the Garda authorities on this matter and the Garda Commissioner's official statement which explains his position, is available on www.garda.ie.
1060 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question Nos. 195 and 196 of 24 April 2007, if he will report on the issues and the progress to date; and if he will make a statement on the matter. [20873/07]
Work is continuing in my Department on the General Scheme of a Legal Costs Bill to give effect to the recommendations of the Implementation Advisory Body.
Work on the General Scheme of a Family Law Bill is also ongoing in my Department.
Both Bills are included in the Government's Legislative Programme for the Autumn Session published by the Chief Whip on 25 September 2007.
1061 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 216 of 5 July 2007, the status of the applications; if he will expedite applications; the reason for the delay in processing the applications; and if he will make a statement on the matter. [20903/07]
I am informed by the Immigration Division of my Department that decisions on the EU Treaty Rights residence applications in question have recently issued to the persons concerned.
1062 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform when the number of Garda Síochána stationed in Duleek, County Meath will be restored to the levels in place at the start of 2007; and if he will make a statement on the matter. [20921/07]
As of 31 August last, the latest date for which figures are readily available, the personnel strength of Duleek Garda Station (all ranks) was 3. The Deputy will appreciate that, as with any large organisation, on any given day, the overall strength of the organisation may fluctuate due, for example, to retirements, resignations etc. It is the responsibility of the Garda Divisional Officer to allocate personnel within his or her Division taking everything into account.
The situation will be kept under review by the Garda Commissioner and when additional personnel next become available the needs of the Louth/Meath Division will be fully considered by him within the overall context of the needs of Garda Divisions throughout the country.
1063 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the measures in place to deal with the problem of drug abuse in the prisons; and if he will make a statement on the matter. [20924/07]
In May 2006, my predecessor launched the Irish Prison Service Drugs Policy and Strategy, entitled Keeping Drugs out of Prison. The implementation of this Policy and Strategy has seen an intensification of efforts to eliminate the availability of illicit drugs within prisons. A key part of these efforts is the introduction of mandatory drug testing which will commence across the prison system once the new Prisons Rules are introduced on 1 October, 2007. Other elements include enhancement of CCTV, introduction of an agreed visitor system, installation of video scope camera systems, installation of facilities for screened visits and enhanced security generally.
As regards enhanced security, the Deputy will also be aware that I have recently announced a range of security measures aimed at keeping contraband out of our prisons. These measures include:
the establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 staff and an appropriate number of dogs. The Deputy will be aware that a pilot drug detection dog service has been in place since 23 May 2006 and is currently running in the Midlands/Portlaoise area, Wheatfield/Cloverhill Prisons and in the Mountjoy complex;
the establishment of an Operational Support Group dedicated to, and developing expertise in, searching and gathering intelligence; they will be available in addition to the normal prison staff and can target specific problem areas;
the introduction of enhanced security screening and searching of all persons (prisoners, visitors and staff) entering our prisons.
Specific developments in the area of drug treatment include:
A tender for 24 addiction counsellors to cover all Prisons has been awarded to Merchants Quay Ireland and counsellors are already coming on stream. This will, in conjunction with other developments, lead to an increase of nearly 1000 hours per week of prisoner access to addiction counselling. Addiction Counsellors are already in place in some institutions and are expected (subject to successful recruitment) to be in place in all institutions by end 2007. This service will provide individual and group counselling supporting the range of drug treatment options (detoxification, maintenance etc.) available in the prison system. This is in addition to the prison based services such as the Psychology Service and Probation Service, as well as the large number of community based groups which provide psycho-social support to drug addicted prisoners.
7 Nurse Officers and 5 Prison Officers have been allocated to Dedicated Drug Treatment Teams in prisons with significant needs; this will improve service quality in prisons which receive a large number of prisoner committals with addictions.
The Dormant Accounts Fund has provided funding for 4 community groups to provide addiction counselling and support to prisoners while in prison and on release in the community, this will build on their success in becoming drug free in prison when the prisoner returns to the community.
Additional Consultant Psychiatrist in Addictions and Registrar prisons sessions have been established and resourced, significantly improving the quality, coordination and availability of drug treatment in prisons.
A Consultant led Infectious Disease Service has been contracted from St James' Hospital to provide treatments to prisoners who suffer from these diseases. It is hoped to expand this service to other sites, and it is intended that a tender for Dedicated Drug Treatment Pharmacy Services will issue in the coming weeks, again supporting improved quality and availability of treatment services.
A counselling psychologist dedicated to drug treatment has been appointed at Mountjoy Prison.
The imminent introduction of a Nursing Management Structure should greatly streamline the provision of healthcare within prisons specifically in the area of drug treatment where multi-disciplinary team working is critical to success.
I am committed to the aim of making all prisons drug free in line with commitments in the Drugs Policy and Strategy.
1064 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform the status of a naturalisation application from persons (details supplied) in County Wexford who are the parents of an Irish born child; and if he will make a statement on the matter. [20925/07]
I am informed by my officials that there is no record of any application for a certificate of naturalisation from the persons referred to in the Deputy's Question.
1065 Deputy John Curran asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders given to date in the Dublin metropolitan area. [20937/07]
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.
With regard to both adult and children, a behaviour warning remains in place for three months from date of issue. With regard to children specifically, a good behaviour contract lasts for six months, but may be renewed for a further three months. The approach which the legislation adopts is to make every effort for the child and his or her parents or guardian to address the child's behavioural problems in a way that minimises contact with the criminal justice system. The Act ensures that there is full parental involvement at all relevant stages. It is therefore highly unlikely that a Garda officer would apply for a civil order or a behaviour order before the end of these periods.
I am informed by the Garda authorities that 145 behaviour warnings have been issued in the Dublin Metropolitan Region (DMR) in the first eight months of 2007. There was one good behaviour contract issued in the DMR in this period.
1066 Deputy John Curran asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders given to date in Clondalkin and Lucan, County Dublin. [20938/07]
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, the first step of which is the issue of a behaviour warning by a member of An Garda Síochána, which remains in place for three months from the date of issue.
A behaviour warning allows the person who is subject of the warning, and where appropriate parents and guardians, to address the behavioural problem which resulted in the warning to be issued, so that the issue of a civil order (in the case of an adult) or a behaviour order (in the case of a child) is not necessary.
I am informed by the Garda authorities that 31 behaviour warnings have been issued in the Clondalkin Garda District and 2 in the Lucan Garda District in the first eight months of 2007.
1067 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will examine the case of a person (details supplied) in Dublin 5 with a view to processing long term residency; and if he will make a statement on the matter. [20941/07]
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 in July 2007. I understand that applications received in early July 2006 are currently being dealt with.
1068 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform the basis on which a visitor visa has been refused in respect of a person (details supplied) in County Wexford who wished to visit their daughter, a doctor who has resided here for ten years and has three Irish born children; if he will arrange an immediate review of this application; and if he will make a statement on the matter. [20942/07]
The application referred to by the Deputy was received in the Visa Office, Dublin on 8th August 2007. It was refused by the Visa Officer on 30th August 2007.
The application was refused because the finances shown were deemed insufficient. It was also felt that the applicant did not display sufficient evidence of their obligations to return home following their proposed visit.
The decision of the Visa Officer may be appealed within two months of the date of decision. In this case before 30th October.
Guidelines on making an appeal can be found on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
1069 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of Gardaí assigned to each Garda division here; and the population of each division as determined in the 2006 Census. [21027/07]
As of 31 August last, the latest date for which figures are readily available, the personnel strength of each Garda Division is as set out as follows:
|
Division |
Strength |
|
DMR South Central |
741 |
|
DMR North Central |
677 |
|
DMR South |
597 |
|
DMR North |
656 |
|
DMR West |
727 |
|
DMR East |
599 |
|
Louth/Meath |
570 |
|
Carlow/Kildare |
393 |
|
Laois/Offaly |
306 |
|
Longford/Westmeath |
303 |
|
Wicklow/Wexford |
360 |
|
Waterford/Kilkenny |
407 |
|
Tipperary |
352 |
|
Cork City |
639 |
|
Cork North |
274 |
|
Cork West |
284 |
|
Kerry |
304 |
|
Limerick |
555 |
|
Clare |
299 |
|
Galway West |
413 |
|
Roscommon/Galway East |
265 |
|
Mayo |
301 |
|
Sligo/Leitrim |
289 |
|
Donegal |
473 |
|
Cavan/Monaghan |
395 |
I am informed by the Garda authorities that the Central Statistics Office are presently examining the 2006 Census of Population figures in relation to Small Area Population Statistics (SAPS). It is not expected that these SAPS figures will be available until mid November 2007. It is, therefore, not yet possible to provide population figures for each Garda Division based on the 2006 Census figures.
1070 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the increase in headline crime by Garda division for 2006 and for the first six months of 2007. [21028/07]
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 since the third quarter of 2006. 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.
1071 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the status of an application by a person (details supplied) in County Sligo to the Land Registry Office; and if he will make a statement on the matter. [21075/07]
As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
In order to be of assistance I have forwarded the Deputy's query to the Authority for its attention and direct reply. I understand that a reply has already issued.
I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications of this type which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions.
1072 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to extend maternity leave for mothers of premature babies who are hospitalised after birth; and if he will make a statement on the matter. [21115/07]
The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide statutory minimum entitlements in relation to maternity at work including maternity leave. If a mother starts maternity leave on or after 1 March 2007, she is entitled to 26 weeks' maternity leave, together with 16 weeks' additional unpaid maternity leave.
The Maternity Protection (Amendment) Act 2004 removed the compulsory requirement that women must take 4 weeks' maternity leave prior to the birth. At present, at least 2 weeks have to be taken before the end of the week of the baby's expected birth and at least 4 weeks after. A mother can now decide how she would like to take the remaining weeks and this can be flexible with regard to mothers of premature babies.
Under Towards 2016, the social partners and Government have committed to review the level of provision of both maternity and paternity leave before the end of 2008. This is one of a number of commitments in this agreement which are aimed at helping children and their families to experience the qualities of family life, particularly in the important first year of the life of the child. Moreover the Programme for Government contains a commitment to increase paid maternity leave by 5 weeks over the next 5 years.
1073 Deputy Áine Brady asked the Minister for the Environment, Heritage and Local Government his policy on the requirements for planning permission for solar panels; if planning permission is required to install solar panels to private dwellings; if his Department has future proposals in relation to these matters; and if he will make a statement on the matter. [19852/07]
The Planning and Development Regulations 2007, which provide exemptions from planning permission requirements in respect of certain classes of micro-renewable technologies for use in the home, came into effect from 28 February 2007. The exemptions apply to solar panels and other micro-renewable technologies such as wind turbines, heat pumps and biomass, subject to certain conditions in each case.
The exemption in respect of solar panels provides for the installation of up to 12 sq. metres aperture area, or 50% of total roof area, whichever is less. This is subject to conditions that restrict the height of the panel to 15 cms above the plane of a pitched roof or to 50 cms above a flat roof. In addition, the panels must be more than 50 cm from the edge of the roof or wall on which it is mounted. Free-standing solar arrays up to 2 metres in height can also be installed at the side or rear of a house subject to certain conditions.Where householders wish to install solar panels of greater surface area than that allowed under the Regulations, then planning permission should be applied for in the normal way. Planning authorities have been advised that such applications should be considered on their own merits, having regard to the proper planning and sustainable development of the area.
My Department is currently engaged in research into the possible extension of planning exemptions for micro-renewable technologies to such other areas as industrial estates, agricultural sites, and the commercial sector. I expect to be in a position to initiate a consultation process on this issue shortly, with a view to making new Regulations early in 2008.
1074 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which the new national building standards will be introduced as outlined in the June 2007 Programme for Government. [19937/07]
The Programme for Government provides for a Revision of the Building Regulations to "introduce new national building standards in 2007 to ensure that new housing has 40% lower heat energy demand than existing buildings standards and revise them again in 2010 to achieve a 60% target in further years".
In keeping with that commitment, I published draft Building Regulations under Part L of the Building Regulations on 21 September 2007. These draft Regulations provide for a reduction of, on average, at least 40% in primary energy consumption and a 40% reduction in CO2 emissions. In addition, for the first time, the measures will introduce: a minimum requirement for the use of renewable energy sources; energy-efficient boilers; energy-efficient artificial lighting systems; and improved airtightness of the building fabric. The draft Regulations provide for a commencement date of 1 July, 2008.
The draft Regulations and associated Technical Guidance Document are now the subject of a public consultation process, which will continue to 26 October, 2007. On completion of the consultation process, all submissions received will be comprehensively assessed and given due consideration prior to finalising new Building Regulations before the end of the year.
1075 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government the status of an application by a person (details supplied) in County Clare; and if he will make a statement on the matter. [20029/07]
The administration of the disabled persons grant scheme, including the processing and approval of individual applications, is a matter for the local authority concerned and is one in which my Department has no direct function.
1076 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when a review (details supplied) will take place. [20119/07]
1077 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when a review (details supplied) will take place. [20120/07]
1078 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if a review (details supplied) will take place. [20121/07]
1131 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government his plans to review the local authority electoral areas in view of the recent census.. [20441/07]
1170 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if he will review or change electoral boundaries for the local elections in 2009. [21111/07]
I propose to take Questions Nos. 1076 to 1078, inclusive, 1131 and 1170 together.
On 26 April 2007, a Constituency Commission was established under the Electoral Act 1997 to review and report on Dáil and European Parliament constituencies. The Commission is required to report to the Ceann Comhairle as soon as may be and, in any event, not later than 6 months from its establishment.
Unlike for Dáil and European Parliament constituencies, there are no legal requirements in relation to the frequency of local electoral area reviews. The last review of local electoral areas was carried out in 1998; the next local elections are due to take place in 2009. I am at present considering the issues around a review of local electoral areas and I expect to be in a position to make a statement on the matter shortly.
1079 Deputy James Reilly asked the Minister for the Environment, Heritage and Local Government if he has proposals to implement a reporting system which would act as an indicator or early warning system of any potential slowdown or over pricing in the housing market; and if he will make a statement on the matter. [20252/07]
The significance of the construction industry, including the housing sector, to the Irish economy is acknowledged by my Department, which has regard on an ongoing basis to relevant reporting by a range of public and private sector bodies, and closely monitors developments so as to provide effective input to policy in relation to housing.
Government policy has been informed, over recent years, by a range of reports and recommendations, including three reports on the housing market by Peter Bacon and Associates in the period 1998 to 2000, The National Economic and Social Council report on the housing sector in 2004 and the Sustaining Progress and Towards 2016 Social Partnership agreements.
My Department collects and disseminates a wide range of private market and social housing statistics through its quarterly and annual housing statistics bulletins. It also produces an index to monitor the impact of changes in house prices, taxation, and interest rates on the affordability of new houses, which is published in the Annual Housing Statistics Bulletins. In addition, my Department commissions an independent economic assessment by DKM Economic Consultants of construction activity and prospects each year. The latest "Review of the Construction Industry 2006 and Outlook for 2007-2009" was published on 24 September 2007. DKM Economic Consultants also produce a regular update of "Construction Industry Indicators" throughout the year on behalf of my Department. These provide the most up to date independent assessment of all of the available data on the housing market in terms of both output and prices.
1080 Deputy John Curran asked the Minister for the Environment, Heritage and Local Government the number of on the spot litter fines that were handed out in Clondalkin and Lucan, County Dublin in 2006 and to date in 2007. [20939/07]
Statistics on local authority enforcement action, including the number of on-the-spot litter fines issued, are submitted by local authorities to my Department every six months. These figures are collated on a local authority functional area basis and are available in the Oireachtas Library. A more detailed geographic breakdown of the data is not collected by my Department.
1081 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 145 of 31 May 2006, when the person from County Mayo will be awarded the top-up payment; the reason for the ongoing delay; and if he will make a statement on the matter. [21194/07]
1145 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1534 of 27 September 2006, when the person will be issued with their top-up payment for the purchase of special area of conservation bog; and if he will make a statement on the matter. [20876/07]
I propose to take Questions Nos. 1081 and 1145 together.
I refer to the reply to Question No. 283 of 5 July 2007. The position is unchanged.
1082 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government if a decision has been made on the Dublin City Council tenant purchase scheme; when this decision will be made public; when tenants will be able to purchase the maisonettes in which they live; and if he will make a statement on the matter. [21198/07]
1125 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which he will introduce legislation which will allow the sale of the local authority flats to sitting tenants. [20396/07]
I propose to take Questions Nos. 1082 and 1125 together.
A Social Housing (Miscellaneous Provisions) Bill is currently being drafted in the Office of the Attorney General and is expected to be published in early 2008. Work on addressing the complex legal issues relating to the tenant purchase of local authority apartments is being advanced as part of this work.
1083 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the position of an application by a local authority (details supplied) for funding to upgrade a waste water treatment system; and if he will make a statement on the matter. [21334/07]
1163 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he has received Kildare County Council’s contract documents for the expansion of the Osberstown waste treatment plant. [21033/07]
I propose to take Questions Nos. 1083 and 1163 together.
My Department is awaiting submission by Kildare County Council of Contract Documents for the expansion/upgrading of the Osberstown Wastewater Treatment Plant as part of the Upper Liffey Valley Sewerage Scheme. The Scheme is included in my Department's Water Services Investment Programme 2007-2009 to start construction next year at an estimated cost of €18 million.
Last month, I approved the Council's design proposals to upgrade the sewage collection networks in Naas, Johnstown, Kill, Clane, Prosperous, Sallins, Newbridge, Athgarvan and Kilcullen, as part of the same project. The Council may now also prepare Contract Documents for these works.
1084 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government the number on the housing waiting list in each local authority; and if he will make a statement on the matter. [19716/07]
1085 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government the number of people seeking social and affordable housing in each local authority; and if he will make a statement on the matter. [19717/07]
I propose to take Questions Nos. 1084 and 1085 together.
There are a number of social housing options available to households who cannot meet their own accommodation needs. The main options are social rented accommodation provided by local authorities, by voluntary and co-operative housing bodies or under the Rental Accommodation Scheme (RAS).
A statutory assessment of housing need is undertaken by local authorities on a triennial basis. The most recent assessment of need for social housing was undertaken by local authorities in March 2005. The results of that assessment indicated that there were 43,684 households on local authority housing waiting lists. More comprehensive data in relation to the 2005 assessment at an individual local authority level was published in the Annual Bulletin of Housing Statistics 2005, a copy of which is available on my Department's website at www.environ.ie.
Detailed information on the number of people seeking affordable housing in each local authority is not available in my Department.
1086 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that an offer of affordable housing has been withdrawn from a person (details supplied) in Dublin 7; if same is in accordance with equality legislation; and if he will make a statement on the matter. [19743/07]
The administration of the Affordable Housing Schemes in individual cases is a matter for each local authority, which must assess applications on their merits, having regard to the relevant eligibility criteria. I understand from Dublin City Council that the information supplied by this applicant on his application form was incorrect and as he was unable to satisfy the Council's eligibility requirements, the offer of an affordable home was withdrawn.
1087 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the powers at his disposal regarding the creation or amendment of a special amenity area order; if land subject to such an order must already be zoned high amenity or agricultural or if it can already be zoned residential with planning permission approved; if an SAAO amendment or creation requires new legislation on each occasion or other instrument; the special amenity areas created or amended over the past 15 years; and if he will make a statement on the matter. [19780/07]
Under section 202 of the Planning and Development Act 2000 a planning authority can make a Special Amenity Area Order or be directed by the Minister to make such an order. The legislation does not specify that an area proposed as a Special Amenity Area Order should be zoned for a particular purpose prior to its designation. The making of a Special Amenity Area Order by a planning authority is also required to be confirmed under section 203 by An Bord Pleanála which may confirm the order with or without modifications, or refuse to confirm it.
Under section 202(2) where it appears to the Minister that an area should be declared a Special Amenity Area Order because of:
its natural beauty,
special recreational value, or
having regard to its benefits for nature conservation,
the Minister can direct a planning authority to make an order requiring that objectives specified in the direction be included by the planning authority in the order.
The Act also provides that a planning authority may review an order, from time to time, for the purpose of deciding whether it is desirable to revoke or amend it. Section 202(3) states that an order made pursuant to such a direction shall be revoked or amended only with the Minister's consent.
3 Special Amenity Area Orders, Liffey Valley, North Bull Island and Howth, have been created or amended over the past 15 years.
1088 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government his views on introducing a system of refundable deposits on beverage containers as part of the shift in priorities regarding waste management as outlined in the Programme for Government. [19783/07]
All beverage containers are packaging. Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Under the Directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. Practical implementation of the Directive in Ireland is organised mainly through a collective industry-based compliance scheme operated by Repak Limited which is working successfully. The Environmental Protection Agency (EPA) has reported in its National Waste Report 2005 — published in January 2007 — that packaging waste recovery increased to 59.9% in that year, indicating that Ireland continues to exceed the current target recovery rate of 50% set by the Packaging Directive. This compares with a recovery rate of 14.8% in 1998.
The Programme for Government commits the Government to a review of waste management plans, practices and procedures. I am currently considering the terms of reference for this review including the question of whether it should address the issue of deposit and refund for beverage containers. At present, the arrangements for recovering packaging waste from consumers and householders consist principally of segregated collections for dry recyclables and an extensive network of bring banks and civic amenity sites. In considering whether deposit and refund has a role to play, account would have to be taken of the possible impact on existing compliance arrangements and national performance in recovering and recycling packaging waste.
1089 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if he will allay the concerns of many people that asbestos water pipes are unsafe for the end user; and if he will make a statement on the matter. [19810/07]
Asbestos cement piping formerly used in local authority watermains was required to meet the specifications defined in Irish Standard 188 and, in common with international practice, to include bitumen lining and coating. The main health risk associated with asbestos products relates to inhalation of airborne asbestos particles. The potential exposure to such risk has led to a decline in the use of asbestos materials generally and asbestos cement pipes are no longer used in Ireland for new public water mains or sewer pipes.
The World Health Organisation's position in relation to asbestos in drinking water is that there is no consistent evidence that ingested asbestos is hazardous to health and that there is no need to establish a health based guideline value for asbestos in drinking water.
1090 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government his definition of sheltered housing. [19820/07]
Specific state support for the accommodation needs of older people or people with special housing needs ranges from grant schemes which allow people to remain in their homes to the provision of specific sheltered housing options.
Both the local authorities and the voluntary and co-operative housing sectors are providing an expanded range of social housing options and a wide range of accommodation types to meet special housing needs, including those in need of sheltered housing with low-level, on-site supports. Sheltered housing usually comprises a group scheme of dwellings with provision for on-site delivery of services to allow for assisted independent living. For most vulnerable groups, interventions in this area generally require an inter-agency response particularly where there is a care dimension to the supports required.
My Department's housing policy statement, Delivering Homes, Sustaining Communities, sets out a new approach to social housing provision and a new focus on meeting the needs of individual residents by providing them with homes for life in safe and well-planned neighbourhoods. This approach allows supports to be geared to the particular needs of people in different phases of their life. For older people, grants to adapt their homes to address mobility problems can supplement other supports to enable them to remain living independently in their home for as long as possible.
A cross-departmental team on sheltered housing has been established by my Department to oversee progress in this area. Provision is being made for consultation with social partners through the Housing Forum.
1091 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if the results of a national hare survey are available; and if the findings point to a further decrease in the size of the hare population or to a healthier and resurgent hare population bearing in mind that Ireland’s red data book on vertebrates lists the hare as one of a number of species under threat from multiple factors, including hunting activities. [19826/07]
1092 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if he will impose a suspension on coursing activities in the event that the hare survey indicates either a significant national decline in hare numbers or widespread localised disappearance of the species. [19827/07]
I propose to take Questions Nos. 1091 and 1092 together.
The final report of the Status of Hares in Ireland — Hare Survey of Ireland 2006/07, is available and may be downloaded from the website of the National Parks and Wildlife Service of my Department [www.npws.ie/en/media/Media, 5119,en.IWM30].
The survey was carried out nationwide over two years and the results confirm that hares are widespread throughout the country. The national population was estimated at 233,000 hares in 2006 and 535,000 in 2007. The scale of this change between consecutive years reflects the ability of the hare to respond well to favourable breeding conditions and is consistent with recent surveys of the hare populations in Northern Ireland. The drivers for such population fluctuations are poorly understood, but are likely to include an interaction between weather conditions and land management practices.
The report also reviews the exploitation of hares through coursing and highlights the significant improvement in hare survival brought about through compulsory muzzling in 1993. While I am pleased that the improvements made by the Irish Coursing Club are having an effect, the results of the survey highlight the need for further research into the impacts of hare coursing at a local level.
The Irish Red Data Book for vertebrates was published in 1993 and my Department is at present working with the Environment and Heritage Service of Northern Ireland to prepare an updated version, taking into account recent changes in the IUCN assessment system and the new data gathered for many of Ireland's vertebrate species.
1093 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if, in view of the fact that the stags hunted by a hunt (details supplied) in County Meath are farmed domesticated deer, and therefore not wild, he will withhold the issuing of a licence in 2007 under the Wildlife Act 1976 permitting stag hunting; and if he will make a statement on the matter. [19828/07]
Section 26(1) of the Wildlife Act 1976 provides that the Minister for the Environment, Heritage and Local Government may grant to the master or other person in charge of a pack of stag hounds, a licence authorising the hunting of deer by that pack, during such period or periods as is or are specified in the licence. I sought and obtained advice from the Attorney General as to the view that this section might not apply to domesticated deer. The Attorney General has confirmed that Section 26 provides for the licensing of hunting for deer by stag hounds irrespective of whether the deer are wild or captive-bred.
I am awaiting further information in relation to a licence application for the coming season and will be making a decision on the matter in the coming weeks.
1094 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the amount paid into the Environment Fund in each year since its establishment, including payments of moneys collected under the environmental levy on plastic bags and the landfill levy in addition to other sources; the amount paid out of the fund in each such year, indicating the purposes for which each such payment was made; if he has satisfied himself that payments out of the Environment Fund are for purposes that are additional to and not in substitution for normal Exchequer expenditure; and if he will make a statement on the matter. [19864/07]
Copies of the Environment Fund's Annual Accounts up to and including 2005 are available in the Oireachtas library. The Annual Accounts in respect of 2006 are being prepared at present. They will be lodged in the Oireachtas library once they have been audited by the Office of the Comptroller and Auditor General.
The Fund was established by the Waste Management (Amendment) Act 2001, to be managed and controlled by the Minister for the Environment, Heritage and Local Government. This ring fenced fund can only be used for activities that support the environment and has been used to support—
Operational costs of running civic recycling facilities
Enforcement of the Waste Management Acts
North / south waste initiatives such as the award winning all-island scheme for the management of waste fridges and freezers
Waste awareness campaigns
A very successful "Green Schools" initiative and
The provision of waste management infrastructure including civic recycling facilities and bring centres.
Waste management infrastructure is also funded from the Exchequer.
The Environment Fund has provided a substantial environmental dividend. Since it was established in 2001 to the end of 2005, there has been a
35% increase in the number of bring banks,
76% increase in the number of civic amenity facilities,
151% increase in packaging waste recovered,
216% increase in the quantity of waste recycled,
This has enabled Ireland to—
Achieve the national municipal waste recycling target for 2013 of 35% during 2005, eight years ahead of schedule,
Exceed the packaging recycling target for 2005 by 9.9%, and come within 0.1% of achieving the 2011 target of 60%, six years in advance, and
Exceed the national target for the 85% recovery target by 2013 for construction and demolition waste during 2005, eight years ahead of schedule.
The plastic bag levy has played a key role in raising public awareness and contributed directly to a 90% reduction in litter arising from plastic bags.
1095 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the consideration he has given to the problem of house alarms which are not being turned off and are causing noise and nuisance to neighbours; if he will introduce legislation or regulations governing house alarms; and if he will make a statement on the matter. [19900/07]
There are various legislative provisions applicable to noise nuisance, as well as a number of practical arrangements to reduce the instances of unnecessary noise from alarms and to tackle persistent incidence of such noise.
Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. In the case of a faulty alarm, a local authority may serve a notice under this section. Where the Council receives a complaint, an advisory letter is issued to the owner/occupier advising of the terms of the current standards for intruder alarms systems.
Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a local authority or any person may seek an order in the district court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.
A European Standard for external intruder alarms (EN50131) has replaced all national standards, and incorporates considerably stricter controls, regarding minimum and maximum duration for the sounding of alarms. The new limits are 90 seconds minimum and 15 minutes maximum duration from the sounding of external alarms in buildings; the alarms must cease automatically after the maximum duration. This standard has been applied by the National Standards Authority of Ireland for intruder alarms installed by certified installers since 1 March 2004.
The Private Security Services Act 2004 provided for the establishment of a Private Security Authority to licence, control and supervise all alarm installers of security equipment, and for the Authority to have powers to maintain and improve standards in the provision of services, including standards for intruder alarms. I understand that with effect from 1 November 2005, installers of alarms were required to register with the Private Security Authority and with effect from 1 August 2006, installers cannot operate without a licence, the granting of which will require proof that the installer has attained the EN 50131 standard.
The current European Standard along with improved equipment and the co-operation of the installers certified by the NSAI, should together ensure that the incidence of false alarms and the failure of audible alarms to cut off will be significantly reduced.
A public information leaflet outlining the legal avenues available to persons experiencing noise nuisance is available from my Department or on www.environ.ie
I am also currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government.
1096 Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government if he has been asked to give his consent to the Dublin City Council proposal to build a new medical legal centre in close proximity to the Casino at Marino which is a national monument and protected structure; and if he will refuse his consent to this proposal in view of the facts and the opposition to this proposal from the Irish Georgian Society. [19910/07]
In January 2007, Dublin City Council gave public notice under Part 8 of the Planning and Development Regulations 2001 of the proposed development of a medico-legal centre, to provide urgently required City Morgue and State Pathology Service facilities located on local authority owned lands adjacent to the site of the Casino at Marino in Dublin. The Casino itself is a national monument in the ownership of the Minister for the Environment, Heritage and Local Government. While the Casino and its precincts are in the ownership of the Minister, the remaining lands at Marino are in the ownership of Dublin City Council.
As a prescribed body under Article 28 (1)(c) of the Planning and Development Regulations 2001 my Department was notified by the planning authority of this proposed development. In its response the Department raised a number of issues, the primary concern being that any proposed development near the Casino must be fully in sympathy with and should seek to enhance where possible the amenity and setting of the national monument.
It is also of relevance that provision has been made under my Department's 2007 Fire Service Capital Programme for supporting the modernisation of the Dublin Fire Brigade Training Centre at the O'Brien Institute in Marino which is also adjacent to the Casino. In March of this year, following a detailed capital appraisal by Dublin City Council, my Department gave approval in principle for the Council to prepare and submit a detailed design brief and drawings and the initiation of the planning process for this development.
In discussions my Department has advocated the development by the City Council of a conservation plan for the grounds at Marino to create a framework within which issues relating to appropriate development could be considered.
To assist in the planning process for the medico-legal centre, Dublin City Council applied for Ministerial consent to carry out archaeological test excavations on land in proximity to the Casino. As required under the National Monuments Acts, the Director of the National Museum of Ireland was consulted and raised no objection to the grant of consent in this case. I subsequently granted my consent to Dublin City Council's application for the test excavation programme on 27 August 2007. Conditions were attached to the grant of consent seeking to determine, if possible, the accurate location of certain landscape features formerly associated with the Casino.
My Department is of the view that the two proposed developments by the Council should be taken forward on a co-ordinated basis. To this end a further meeting has been arranged between my Department and the Council to discuss the heritage issues arising from both proposals including the desirability and practicalities of the preparation by the City Council of a conservation plan. In the context of these discussions my Department will continue to seek to ensure that the Casino and its setting are fully protected and enhanced where possible.
1097 Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the phone number (details supplied) on his Department’s web site appears, through its recorded message, to be dealing only with vehicle registration issues; and if he will clarify the position in respect of this service. [19957/07]
The telephone number referred is a low call number associated with the web site used for the very successful online motor tax renewal system. The number is available for use by customers for enquiries not catered for in the comprehensive ‘frequently asked questions' page on the web site. A helpdesk supporting this number is serviced by staff with expertise in the online motor tax service and in matters relating to vehicle registration, with particular regard to changes in the registered ownership of motor vehicles and the status of ownership change notifications submitted for updating of the National Vehicle and Driver File (NVDF) records. This helpdesk also deals with motor tax enquiries of a more general nature. The website has an email address for enquiries which normally receive a same day response.
1098 Deputy Tony Gregory asked the Minister for the Environment, Heritage and Local Government when his Department will respond to the proposal submitted by Dublin City Council regarding improvement works to be carried out at a house (details supplied) in Dublin 1; and if he will make a statement on the matter. [19958/07]
Under the Housing Management Initiative, direct control has been given to local authorities from 1 January 2007 over their internal capital receipts from the sale of local authority dwellings, to be used primarily for their improvement works programmes. While the Department approves the overall programmes it is the responsibility of local authorities to prioritise and advance individual projects. The overall programme proposed by Dublin City Council, which included the development in question, was approved by my Department on 24 April 2007.
The advancement of this project is a matter for Dublin City.
1099 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which he will establish the Climate Change Commission as outlined in the National Climate Change Strategy. [19965/07]
The Programme for Government includes a commitment to establish a Climate Change Commission. It is envisaged that the role of the Commission will include monitoring and assessing Ireland's progress in addressing climate change, and increasing awareness in all sectors of the opportunities and challenges presented by the transition to a low-carbon economy.
Arrangements for the establishment of the Commission are currently being finalised and will be announced in due course.
1100 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he plans to establish an all-party Oireachtas group on reaching climate change targets. [19966/07]
The Programme for Government contains a commitment to agree an all-party approach on climate change targets and, in advance of this, to set a target of a 3% reduction per year on average in Ireland's greenhouse gas emissions over the lifetime of the current Government.
At this year's Spring meeting of the European Council, EU Heads of State and Government agreed to reduce EU greenhouse gas emissions by at least 20% on 1990 levels by 2020. They also committed to a reduction of 30% of greenhouse gas emissions by 2020 compared to 1990 as the EU contribution to a global and comprehensive agreement for the period beyond 2012, provided that other developed countries commit themselves to comparable emission reductions, and economically more advanced developing countries adequately contribute to the global response according to their responsibilities and respective capabilities. The Council also agreed that a differentiated approach to the contributions of individual Member States would be used, which takes account of fairness and national circumstances.
In confirming that developed countries should continue to take the lead by committing to collectively reducing their emissions of greenhouse gases in the order of 30% by 2020 compared to 1990, the European Council noted that they should do so with a view to collectively reducing their emissions by 60% to 80% by 2050 compared to 1990.
Given the reduction in greenhouse gas emissions required by 2050, I consider that it is important to develop a broad national consensus on longer-term targets to reduce Ireland's emissions. I envisage that an all-party approach to considering and agreeing such targets is appropriate. This process will take place over a period of time and I am open to considering the mechanisms by which such agreement may be found, including the establishment of an all-party Oireachtas group.
1101 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if his Department will publish a report setting out progress on meeting climate change targets in 2007 in respect of the year 2006; and the date of publication of this report. [19967/07]
The National Climate Change Strategy 2007-2012, published in April 2007, includes a commitment to publish an annual Implementation Status Report. This report is to be laid before the Houses of the Oireachtas, prior to presenting it to the Joint Oireachtas Committee on Environment and Local Government. I intend that this report will set out progress on implementing the measures contained in the Strategy and detail the further measures that have been introduced subsequently. The report will also include the latest available data on greenhouse gas emissions as well as updated projections of future emissions. It will be published in April of each year and the first report, in respect of the current year, will be published in April 2008.
The Programme for Government contains a separate commitment to present an outline carbon report ("carbon budget") in conjunction with the annual financial Budget, to be followed by a report from me outlining our use of energy in the preceding year, and plans and progress towards meeting agreed targets. I am considering the precise approach to meeting these commitments with the Tánaiste and Minister for Finance and other relevant Ministers.
1102 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the dates on which he plans to phase out the use of incandescent lightbulbs in favour of more energy efficient lightbulbs. [19969/07]
The National Climate Change Strategy 2007-2012, published in April 2007, includes a commitment to introduce an environmental levy on incandescent bulbs, to encourage consumers to switch to more energy efficient alternatives. More recently, the Programme for Government commits to the phasing out of incandescent light bulbs.
My Department is currently examining the options available to reduce the use of this type of bulb, with a view to meeting the Government commitment as a matter of priority.
1103 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the timeframe during which he will ensure that the State reduces the figures for waste consigned to landfill from 66% to 10%. [19970/07]
The Programme for Government contains a commitment 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.
This will require significant further improvements in diverting municipal waste from landfill. So far national reliance on landfill has fallen from 91% in 1998 to 65% in 2005. The principal factors underpinning progress in diversion of waste from landfill have been the provision of financial support for bring banks and recycling centres, successful Producer Responsibility Initiatives in areas such as packaging waste and waste electrical and electronic equipment (WEEE), the extension of segregated collections for dry recyclable material to larger numbers of households and awareness-raising through campaigns such as Race Against Waste.
A key factor in making further progress will be the successful implementation of the National Strategy on Biodegradable Waste, published in April 2006. In 2004, almost three quarters of municipal (household and commercial) waste sent to landfill was biodegradable. The Strategy sets out measures aimed at the separate collection, recovery and recycling of biodegradable waste with a view to achieving the progressive diversion of biodegradable municipal waste from landfill by 2016 to 35% of the amount of biodegradable municipal waste generated in the baseline year of 1995. Interim targets for the diversion of biodegradable municipal waste to 75% and 50% of baseline levels are to be achieved by 2010 and 2013 respectively.
The review of regional waste management plans provided for in the Programme for Government should also better equip Ireland to achieve these ambitious targets and ultimately to progress to a situation where a maximum of 10% of waste is consigned to landfill. My Department is carefully considering the form which this review of waste management planning should take. It is important that the review is properly structured so as to make a lasting contribution to the manner in which Ireland undertakes waste management planning and the achievement of international best practice in this area, while meeting challenging national objectives and EU requirements.
1104 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to establish community monitoring arrangements of major waste management facilities; and the dates on which these will be established. [19971/07]
Under the Waste Management Act, 1996 all major waste management facilities are subject to a stringent licensing system which is the statutory responsibility of the Environmental Protection Agency. It is intended to ensure the application of high environmental standards in relation to the development, operation, closure and aftercare of such facilities.
While this licensing system is statutorily independent, my Department will be giving consideration to how best to make any necessary additional provisions for the establishment of community monitoring arrangements of major waste management facilities as set out in the Programme for Government. My Department is aware that community monitoring arrangements are already established within certain local authorities e.g. the Central Waste Management Facility Community Liaison Committee in Co. Clare uses the medium of Clare County Council's website to post information and minutes of relevant meetings.
1105 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the initiatives he plans to establish to expand the network of bottle banks and recycling centres here. [19972/07]
In the last three years my Department has allocated over €100m in funding to more than 100 local authority recycling projects. An additional €3.3m has been allocated to local authorities for the provision of bring bank networks across the country. Under the National Development Plan 2007-2013 some €753 million will be invested in supporting the recycling and recovery effort and dealing with the problem of legacy landfills, including a specific provision to expand the network of bottle banks and recycling facilities. It is a matter for local authorities, in the context of their statutory waste management planning responsibilities, to identify particular needs in specific areas and submit proposals to my Department for grant assistance.
In the context of the international review of waste management plans, practices and procedures provided for in the Programme for Government consideration will be given to how best to further accelerate the already very successful national effort towards ambitious recycling targets and thus to contribute to significantly increased diversion of waste from landfill.
1106 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to invest in local government enforcement capacity. [19973/07]
I am reviewing the overall employment levels in the local government sector having regard to the need to deliver front line services, intensify enforcement activity, and achieve value for money within the parameters of Government policy on public service employment generally.
Insofar as funding is concerned, the record level of funding available to local authorities in 2007 through grants from the Local Government Fund and income from local sources will enable the authorities to provide an acceptable level of services including enforcement. General purpose allocations from the Local Government Fund, which are provided to local authorities to assist towards their day to day operational costs, amount to €958 million in 2007, representing an increase of 8% over the corresponding allocation for 2006 and well ahead of inflation. The level of general purpose funding provided by the grants has risen by 180% over the last decade and this level of increase reflects in real terms the continued commitment of the Government to resourcing the local government sector.
1107 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which the legislation to transpose Directive 2003/35/EC will be introduced. [19974/07]
The transposition of Directive 2003/35/EC is well advanced with legislation already completed to amend the majority of the relevant consent systems. Work is continuing on a number of the outstanding issues which require statutory amendments to be made, and this work will be completed by the Departments concerned at the earliest possible date.
1108 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he has initiated a study of all legislation relating to environmental fines as part of the review of the Environmental Protection Agency; and the progress on this study to date. [19975/07]
The Programme for Government includes a commitment to a review of the role, procedures and governing legislation of the Environmental Protection Agency. I am currently giving careful consideration to the form which this review should take.
1109 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he has started to review litter laws to ascertain their effectiveness; and the progress of this review. [19976/07]
My Department reviews the effectiveness of the Litter Pollution Acts 1997 to 2003 on an ongoing basis. Local authorities submit data to my Department every six months on their anti-litter enforcement actions under the Acts. These statistics are available in the Oireachtas Library and show that local authority performance on enforcement of the litter laws is being sustained at a high level.
Furthermore, the trends emerging from the National Litter Pollution Monitoring System, which measures the extent and severity of litter pollution nationwide, are generally positive and show a modest but steady reduction in litter levels.
I am deeply committed to tackling Ireland's litter problem and view litter eradication as an environmental priority. In order to send out a clear message to all members of society that litter pollution simply cannot be tolerated, I am increasing the on-the-spot litter fine from €125 to €150 from this Sunday, 30 September.
While I am satisfied that the current litter pollution legislation empowers local authorities to respond appropriately to the problem of litter, my Department will continue to keep it under review.
1110 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the progress made to date on upgrading all local group water schemes to match the highest drinking water standards. [19977/07]
The Action Plan for Rural Drinking Water Quality, drawn up by the National Rural Water Monitoring Committee, has identified 728 group water schemes serving 88,627 households as being subject to the requirements of the EU Drinking Water Directive. The Plan also identified treatment solutions to ensure all schemes achieved compliance with the drinking water quality standards in the Directive.
The position on 30 June, 2007, is that improvement works to 473 schemes serving 64,507 domestic connections are now completed, work is underway on a further 49 schemes and the remaining 206 schemes are expected to commence construction within the coming months.
1111 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to further invest in waste water schemes. [19978/07]
The National Development Plan 2007-2013 identifies proposed investment of €4.7bn in new water services infrastructure — an increase of 27% over the previous Plan period. Priorities identified in the Plan for the wastewater sector include: completing the remaining infrastructure needed to provide secondary wastewater treatment in compliance with the requirements of the EU Urban Wastewater Treatment Directive and to meet the requirements of all centres over 1,000 population; rehabilitation and reinforcement of existing wastewater networks, prioritised by reference to asset management studies by local authorities; addressing specific environmental issues identified by River Basin District Management Plans under the EU Water Framework Directive and/or associated with the introduction of licensing of municipal wastewater treatment plants to improve operating performance standards; and increasing the availability of serviced sites to support residential development under the Serviced Land Initiative.
I recently published the Water Services Investment Programme 2007-2009, which is available in the Oireachtas Library, and which contains details of all currently approved wastewater schemes.
1112 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to implement higher standards of water protection and initiatives to ensure that farmers have all the necessary supports to operate to these standards. [19979/07]
I presume that the Deputy is referring to the requirements on farmers arising from the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006.
The EU Nitrates Directive aims to protect all waters against pollution from agricultural sources. Particular care is required for the protection of public health in the case of waters which serve as the source of drinking water. The European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006, implement the Directive in Ireland and provide statutory support for good agricultural practice to protect waters against pollution. These Regulations were developed in close consultation with the Department of Agriculture, Food and Fisheries, and Teagasc, and are supported by an enhanced package of financial supports for farmers, together with cross-compliance systems operated by that Department. Significant funding is being provided under that Department's Farm Waste Management Scheme to support investment by farmers to meet the requirements of the Regulations.
The European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 contain appropriate and necessary provisions to allow for verification by the relevant authorities of compliance with the Regulations. These largely standard provisions allow for matters such as the entry to premises by an authorised person with the consent of the occupier or, for example, where there is a significant immediate risk to the environment, by court order; the inspection of premises; the taking of samples and other matters considered essential to ensure compliance with, and to support implementation of, the Regulations. Similar provisions are to be found in environmental legislation generally.
I believe that these measures relating to the agricultural sector, together with a range of other measures I propose to take in relation to waste water and other discharges to water, will result in higher standards of water quality over the coming years in line with the overall objectives of the Water Framework Directive.
1113 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his plans to introduce a scheme of support for the replacement of septic tanks older than 15 years with newer systems. [19980/07]
1143 Deputy Dara Calleary asked the Minister for the Environment, Heritage and Local Government when he plans to launch the scheme to aid the upgrading of domestic septic tanks as outlined in the Programme for Government. [20853/07]
I propose to take Questions Nos. 1113 and 1143 together.
The Programme for Government includes a commitment to introduce a support scheme for replacing and upgrading septic tanks older than 15 years with newer systems. I am currently considering the terms, conditions and other arrangements that may be appropriate to taking forward this commitment.
1114 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the date on which he will establish the Dublin Bay Area Task Force. [19981/07]
The Programme for Government contains a commitment to establish a Dublin Bay Area Task Force to maximise the potential of the Bay for the people of the capital city.
I am currently considering the scope, terms of reference, structure and composition of the Task Force. I expect to finalise arrangements for its establishment and convene its first meeting shortly.
1115 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the progress to date on creating a group of non-nuclear European States to counter the pro-nuclear lobby in Europe. [19982/07]
In March of this year the Minister for Environment, Heritage and Local Government hosted a meeting of Environment Ministers from Iceland, Norway and Austria. They were joined by the Parliamentary State Secretary of the Environment for Germany, who also participated in the discussions on shared concerns in relation to nuclear energy, and its future role particularly in the context of climate change.
The Ministerial Statement after the meeting declared that, while it remains the sovereign right of each country to decide on its energy mix, there were shared serious concerns that nuclear energy is being presented as a solution to climate change. The Ministers said "It is our collective view that the current debate seeks to downplay the environmental, waste, proliferation, nuclear liability and safety issues and seeks to portray nuclear energy as a clean, safe and problem free response to climate change. The inherent risks and problems associated with the nuclear energy option remain and it can not therefore claim to be a clean alternative to fossil fuel."
The Ministerial Statement also referred to the risks associated with the reprocessing of spent nuclear fuel, and to the planned reopening of the THORP Plant. The Ministers called on the UK Government to desist from reopening it, requesting that, at a minimum, the safety case for such reopening be subject to an international expert peer review.
It was agreed that the Dublin meeting had been very productive and worthwhile, and that a further meeting of the Ministers and other interested States would take place in Vienna in the autumn of 2007. That meeting is arranged for 1 October next. I have accepted the invitation of the Austrian Minister to attend and intend to participate fully in pursuit of Ireland's concerns on this subject.
1116 Deputy Charlie O’Connor asked the Minister for the Environment, Heritage and Local Government if he will confirm that special consideration is being given to granting city status to Tallaght, Dublin 24; and if he will make a statement on the matter. [20001/07]
The Local Government Act 2001 modernises the local government legislative framework and consolidates the position of county and city councils as the primary units of local government. Under the Act, there are 29 county councils, including South Dublin County Council, and 5 city councils, each of which is responsible for the widest range of local authority functions in their respective areas.
In accordance with the Programme for Government, my Department will be publishing a Green Paper on local government reform in the coming months. The Green Paper will examine a number of issues with the objective of making local government more transparent and responsive, and will set out options for reform in advance of a subsequent White Paper. This process presents an opportunity to strengthen local authority structures nationally. However, I have no plans to re-designate South Dublin County Council as a city council, or to establish Tallaght as a separate city authority.
1117 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government his plans to change the legislation regarding voluntary housing which would allow long term tenants of voluntary housing dwellings to be allowed to purchase their dwelling outright; and if he will make a statement on the matter. [20048/07]
There is no provision at present in the voluntary housing schemes sector for the purchase of individual houses by tenants. However, my Department's housing policy statement, Delivering Homes, Sustaining Communities, indicated that consideration would be given in consultation with the voluntary and co-operative sector, to piloting a tenant purchase scheme for some new voluntary homes based on the incremental purchase model.
The modalities of such a scheme have been the subject of ongoing discussion between my Department and representatives of the voluntary and co-operative housing sector including the Irish Council for Social Housing and National Association of Building Co-operatives. My Department is liaising with a number of these organisations with a view to selecting a number of potential projects for inclusion in a pilot tenant purchase scheme. The introduction of such a scheme including any legislative element, will be determined as soon as possible.
1118 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government his views on newly appointed tenants of local authority housing having to pay a week’s rent and a week’s rent in advance when signing the tenancy agreement, particularly for people who are in receipt of social welfare; and if he will review this procedure in view of the obvious financial hardship it causes. [20049/07]
Local authorities are responsible for the adoption of their differential rents schemes and my Department has no direct function in their administration. However, my Department's circular letter HRT 3/2002 laid down broad principles in relation to the content of local authority differential rent schemes. These include that the rent payable should be related to income; that a smaller proportion of income should be required from low income households; and that provision be made for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases, where payment of the normal rent would give rise to hardship.
1119 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if the EU has issued a directive regarding the legality or otherwise of the residency clause condition and conditions restricting permission to people with connections to the locality for planning applications in rural areas; the legal position in relation to same; the directive from Europe or if a directive from Europe has issued in these matters; and if he will make a statement on the matter. [20050/07]
No Directive has issued from the European Commission on this matter. My Department received a Letter of Formal Notice dated 27 June 2007 from the Commission seeking our views as to whether specific elements of the "local needs" test contained in a number of County Development Plans for the granting of planning permission for one-off dwellings in rural areas are compatible with Articles 43 and 56 of the EC Treaty, which guarantee respectively the freedom of establishment and the free movement of capital.
The Commission has invited the Government to submit observations on the issues and a comprehensive response will be submitted to the Commission by 27 September 2007.
1120 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the amount of money allocated to a local authority (details supplied) in County Mayo by his Department. [20113/07]
My Department allocated €1 million to Mayo County Council for spending in 2007 on the provision of Traveller-specific accommodation. A total of €382,000 has been recouped to date. Over the period of the Council's second Traveller Accommodation Programme, 2005 — 2008, over €1.7 million was paid to Mayo County Council in respect of Traveller-specific accommodation. A further €1.09m was spent by the Council under the 2000 -2004 Programme. There is no detailed information available in my Department in relation to the amount spent by Mayo County Council on accommodation provided for Travellers under the Council's main social housing programme.
Funding provided under the current Traveller Accommodation Programme has allowed the Council to progress a number of schemes including the construction of 7 new group houses and the purchase of one single instance house. In addition to families accommodated in standard local authority housing, this has contributed to an overall decrease in the number of families on unauthorised sites in the county from 43 families at the start of the Programme to 27 at the end of 2006.
1121 Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government the position in relation to the payment of motor tax for vehicles used as ambulances for animal rescue centres(details supplied); if he will clarify same and include such vehicles in the exemption category; and if he will make a statement on the matter. [20128/07]
The position on motor tax is that, provided a vehicle is used exclusively as an ambulance for the transport of animals, it is exempt from such tax. If the vehicle is used in any other capacity, it must be taxed at the appropriate rate. Responsibility for the administration of motor tax legislation rests with the relevant local motor tax office and, accordingly, the determination of the tax rate for any particular vehicle is a matter for that office, in this case Wicklow County Council.
1122 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if there is legislation planned to have the clawback provision rescinded for the affordable housing scheme. [20206/07]
The requirement for a clawback is necessary to ensure that there is no short-term profit taking on the resale of houses provided under the various affordable housing schemes at a discount from market value. There are no plans to rescind the clawback arrangements under the existing schemes.
1123 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government when he will implement the new grant scheme for housing to the local authorities; when he expects the scheme to become operational; and if he will make a statement on the matter. [20384/07]
1160 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when the new disabled persons grant scheme will be announced. [21030/07]
1165 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the proposals he has in relation to increasing the grant limits for essential repair grants and disabled persons grants as operated by the local authorities; and if he will make a statement on the matter. [21053/07]
I propose to take Questions Nos. 1123, 1160 and 1165 together. Details of the revised housing adaptation grant schemes for older people and people with a disability were announced in February 2007 as part of the Government's new housing policy statement Delivering Homes, Sustaining Communities.
Three new schemes are to be introduced: a Housing Adaptation Grant for People with a Disability, a Mobility Aids Grant, and a Housing Aid for Older People Grant. The Housing Adaptation Grant for People with a Disability will assist in the provision-adaptation of accommodation to meet the needs of people with a disability. Under the new scheme, the grant will be increased from the current effective maximum of €20,320 to a maximum of €30,000, which may cover up to 95% of the cost of works. The Mobility Aids Grant Scheme will provide grants to cover a basic suite of works to address mobility problems, primarily but not exclusively, associated with ageing. The maximum grant available will be €6,000 and may cover 100% of the cost of works.
The Housing Aid for Older People scheme, which will provide targeted support to improve conditions in the existing housing of older people, amalgamates the provisions of the existing Essential Repairs and Special Housing Aid for the Elderly grant schemes. The maximum grant available will be €10,500 and may cover 100% of the cost of works.
Under the revised framework, the grant levels will increase annually in line with the building cost index, thus protecting the value of the grants into the future. It is expected that the revised schemes will come into operation later this year. The existing adaptation grant schemes for older people and people with a disability will continue to operate until the new schemes become effective.
1124 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to amend Part V of the Planning and Development Act 2000 in order to remove all options from developers other than providing local authorities with 20% social and affordable units from new housing developments. [20395/07]
A review of Part V of the Planning and Development Act 2000, undertaken by my Department in 2002 in consultation with a wide range of interested bodies including local authorities and representatives of the house building industry, professional institutes and voluntary housing providers, concluded that greater flexibility in the operation of the Part V mechanism was required. Measures to achieve this were contained in the Planning and Development (Amendment) Act, 2002 which introduced a range of flexible options for compliance with Part V.
I am satisfied that Part V is operating effectively, evidenced by its significantly increased delivery of both social and affordable housing. Accordingly, I have no plans to amend the legislation.
1126 Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the reason a person (details supplied) in County Meath has not received a disabled persons grant from Meath County Council for a chairlift; and if he will make a statement on the matter. [20409/07]
The administration of the disabled persons grant scheme, including the processing and approval of individual applications, is a matter for the local authority concerned and is one in which my Department has no direct function.
1127 Deputy Damien English asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that Meath County Council has a sufficient budget to provide all the services necessary for the people of Meath until the year end 2007; if his Department will provide additional funding to alleviate a shortfall within this local authority; and if he will make a statement on the matter. [20410/07]
The general purpose allocation from the Local Government Fund allocated to Meath County Council for 2007 is some €28.6 million. This is an increase of 9.5% over the corresponding allocation for 2006 and is well ahead of the average increase nationally. Indeed, over the last decade the Council has received increases in general purpose funding of over 190%, which is also in excess of the average increase provided to local authorities generally.
I consider that the Council's general purpose allocation for 2007, together with the income available to it from other sources such as commercial rates, charges for services and grants for specific purposes, will enable it to provide an acceptable level of services to its customers. It is, of course, a matter for the Council itself in the context of its annual budgetary process to set expenditure priorities and ensure that its finances are in balance.
1128 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will amend the Tenant Purchase Scheme for Local Authority Dwellings 1995, section 90 of the Housing Act 1966 or subsequent relevant housing Acts to allow current local authority tenants to buy their houses at an affordable rate. [20415/07]
To assist local authority tenants purchase their homes, a discount of 3% of the market value of the house is allowed for each year of tenancy, up to a maximum of 30%. In addition to this, a further discount of €3,809 is provided. Thus, a local authority house with a market value of €140,000 would be available for purchase at some €94,200 by a tenant of ten or more years' standing. By any account, this is a generous discount.
The proceeds of the sale of local authority houses to tenants are used to part-fund improvements to, and planned maintenance programmes in, the local authority housing stock. I consider that the terms of the present tenant purchase scheme strike a reasonable balance between the aspirations of certain tenants to own their own homes and the needs of all other local authority tenants. While I have no proposals to amend the financial terms of the current scheme, I will continue to keep them under review.
1129 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government when an archaeological excavation licence (details supplied) will be issued. [20437/07]
The archaeological excavation licence referred to in the Question issued on 21 September 2007.
1130 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government the status briefing regarding infrastructural projects (details supplied) in County Limerick. [20440/07]
The Athea, Askeaton, Foynes, Glin and Shanagolden Sewerage Scheme is included as a grouped project to start construction in 2009 in my Department's Water Services Investment Programme 2007-2009. My Department is awaiting submission of Limerick County Council's Preliminary Report for the project.
The Mungret and Kilmallock Sewerage Schemes and the combined Adare and Patrickswell Scheme are all included in the Investment Programme to begin construction next year. My Department approved grant assistance of over €1.5m towards the Mungret Sewerage Scheme in September 2006 and further progress is now a matter for the Council. The Council's funding proposals for the Kilmallock Scheme will be further considered on receipt of additional information requested by my Department in July 2007.
The Council has recently submitted proposals to my Department to proceed separately with the Patrickswell element of the Adare and Patrickswell Scheme because of potential delays with land acquisition in Adare. The proposals are being examined and will be dealt with as quickly as possible.
1132 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the funding provided in his Department’s Capital Works Programme 2007 towards the Tallow Fire Station Project (details supplied); and if he will make a statement on the matter. [20461/07]
Approval in principle was granted in 2001 for a new fire station in Tallow. While it has not been possible to provide funding for this station as part of the 2007 fire services capital programme, announced earlier this year, funding has been provided for various other priority projects which have been advanced in County Waterford since 2001. These include replacement stations and extensions or upgrading works at stations in Ardmore, Cappoquin, Dungarvan, Dunmore East and Tramore.
The Department has recently requested Waterford County Council to prioritise projects it wishes to progress under the fire service capital programme.
The provision of exchequer funding for a replacement fire station in Tallow will be considered under future capital programmes having regard to Waterford County Council's priorities, the existing facilities at the station, the proximity of other stations, and the competing demands from other fire authorities for available funding.
1133 Deputy Andrew Doyle asked the Minister for the Environment, Heritage and Local Government the reason for the delay in implementing regulations in view of assurances that the regulations governing the registration and management of puppy farms were complete; and when the regulations will be finalised and approved. [20559/07]
The report of the Working Group which was established to review the management of dog breeding establishments contained a number of recommendations, including the introduction of statutorily enforceable standards for the dog breeding industry in Ireland, and proposed the introduction of a registration system for dog breeding establishments. However, three of the members of the Working Group disagreed with the main recommendations and submitted three separate minority reports.
Following extensive public consultation on the matter which showed that, while there is some opposition to the majority recommendations, there is general support for regulation in this area, work has been ongoing in my Department on the preparation of regulations to give legal effect to the majority recommendations of the Working Group.
It is my intention to finalise the regulations by the end of the year.
1134 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government when the upper limit for the grant to adapt a home to accommodate a person with a disability was last increased; if his attention has been drawn to the fact that a bedroom and bathroom extension in Dublin would cost at least twice the maximum limit for this grant; and if he will undertake a review of building costs with a view of revising these limits in the forthcoming Budget. [20567/07]
Significant improvements were made to the terms and conditions of the disabled persons grant scheme in recent years. Since 2 December 1998, the effective maximum grant available has doubled from €10,158 to €20,320, and the rate of recoupment to local authorities in respect of grants paid has also increased from 50% to two-thirds. In addition, the grant now covers 90% of the approved cost of the works compared to two-thirds in 1997. A disabled persons grant up to an effective maximum of €12,700 was also introduced for new houses.
The issue of grant levels was considered in the context of the review of the operation of the disabled persons grant scheme, which was undertaken by my Department. Details of the revised housing adaptation grant schemes for older people and people with a disability were announced in February 2007 as part of the Government's new housing policy statement Delivering Homes, Sustaining Communities. A revised scheme to be known as the Housing Adaptation Grant for People with a Disability will assist in the provision/adaptation of accommodation to meet the needs of people with a disability. Under the revised scheme the effective maximum grant will be increased to €30,000 which may cover up to 95% of the cost of works. Furthermore, the grant levels will increase in line with the building cost index on an annual basis thus protecting the value of the grant into the future.
The revised scheme, which is expected to be implemented later this year, will target resources at those in most need and provide a more seamless set of responses to the needs of older people and people with a disability.
1135 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the names of the various projects that require investment of water and waste water capital projects for County Kilkenny that have been submitted to his Department; the amount of funding in each case; and if he will make a statement on the matter. [20595/07]
The most complete and up to date statement of Kilkenny County Council's water services infrastructural requirements is set out in the Assessment of Needs produced by the Council in response to my Department's request to all local authorities in 2006 to carry out fresh assessments of the need for capital works in their areas and to prioritise their proposals on the basis of the assessments. I am arranging to forward a copy of the assessment to the Deputy. The assessment was taken into account in drawing up the Water Services Investment Programme 2007-2009, which I published last week and which is available in the Oireachtas Library.
1136 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government if there are plans to upgrade or improve sewerage facilities in Castlefin, County Donegal. [20600/07]
The Castlefin Sewerage Scheme is included in my Department's Water Services Investment Programme 2007-2009, as a scheme to advance through planning, at an estimated cost of €1.7 million.
My Department is awaiting a brief from Donegal County Council for the engagement of Consultants to prepare a Preliminary Report for the scheme.
1137 Deputy James Reilly asked the Minister for the Environment, Heritage and Local Government if he will sanction additional library staff for the new expanded library facility which remains closed in Malahide; and if he will make a statement on the matter. [20624/07]
1159 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if the Department of Finance accept his Department’s views on the need for additional staffing in local authorities which have experienced high population growth in view of the increased servicing requirements of these areas; and if the embargo on recruitment will end for such areas. [21029/07]
I propose to take Questions Nos. 1137 and 1159 together.
I am aware of the current staffing needs identified by Fingal County Council in relation to the new library in Malahide and am more generally reviewing the overall employment levels in the local government sector having regard to the need to deliver front line services and achieve value for money within the parameters of Government policy on public service employment generally. As part of the review, my Department is consulting the Department of Finance in relation to the current ceiling on local authority staff numbers, including increased servicing requirements in areas which have experienced high population growth.
1138 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if representations have been received by him or his Department which oppose the commencement of Section 36 of the Wildlife (Amendment) Act, 2000; if so, if he will provide details of the representations received and the person by whom they were made; if no such representations were made, the reason the Section 36 measures have not been implemented in view of the resources available to the Government since the Act was passed by the Houses of the Oireachtas; and if he will make a statement on the matter. [20632/07]
Section 36 of the Wildlife Amendment Act, 2000 provides for the regulation of commercial shoot operators. No representations were received by my Department opposing the commencement of the section.
This section, which is permission in scope, has not yet been commenced because of the increasing demands of other high priority nature conservation requirements, in particular those associated with the European Communities (Natural Habitats) Regulations.
1139 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government his views on the introduction of legislation to deal with anti-social or disruptive behaviour by tenants in private housing estates, along the lines of the powers contained in the Housing (Miscellaneous Provisions) Act 1997, in view of growing problems in private estates; and if he will make a statement on the matter. [20644/07]
Action to deal with anti-social behaviour, in any area, is primarily an issue for the Garda Síochána and legislation in this regard is the responsibility of the Minister of Justice, Equality and Law Reform.
Landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act, in this regard, prohibits a private rental tenant engaging in anti-social behaviour in, or in the vicinity of a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour. The Act also obliges a landlord to enforce tenants' obligations where a person, such as a neighbour, is adversely affected by a failure to do so.
The Residential Tenancies Act also provides for a third party affected by anti-social behaviour to take a case, to the Private Residential Tenancies Board, against a landlord who has failed to enforce tenant obligations. The Board can direct the landlord to ensure that tenants comply with their obligations and can enforce compliance through the Courts.
The Private Residential Tenancies Board also has a role in keeping the operation of the Residential Tenancies Act under review and for the making of recommendations for the amendment of the Act and any other related enactments.
1140 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government when an application will be completed for a person (details supplied) in County Galway; and if he will make a statement on the matter. [20651/07]
The contracts for this sale have been executed by my Department. I am hopeful that the case will be finalised by the Chief State Solicitor's Office shortly.
1141 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the deadline for the implementation of Directive 2002/49EC dealing with exhaust noise is July 2008; the measures he proposes to give effect to same; and if he will make a statement on the matter. [20743/07]
The Environmental Noise Regulations 2006 (S.I. No. 140 of 2006) give effect in Ireland to EU Directive 2002/49/EC relating to the assessment and management of environmental noise. The Environmental Protection Agency is the national authority with overall responsibility for implementing the Regulations. Implementation at local level is a matter for local authorities concerned, Dublin Airport Authority, the National Roads Authority, Iarnród Éireann and the Railway Procurement Agency.
The Regulations require the preparation of strategic noise maps and action plans for areas and infrastructure falling within defined criteria, e.g. large agglomerations, and major roads, railways and airports. Through implementation of the 2006 Regulations, work on giving effect to the Directive is ongoing and I am not aware of any concern in relation to meeting the July 2008 deadline in Article 8.1 of the Directive.
1142 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if he will introduce a national waiver scheme for the elderly for green waste disposal charges and home composters; and if he will make a statement on the matter. [20744/07]
Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and any associated waiver schemes, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges.
1144 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will approve funding for the purchase of bog by a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [20865/07]
The purchase of this person's bog has been approved by my Department. I anticipate that the matter will be finalised by the Chief State Solicitor's Office shortly.
1146 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1809 of 31 January 2007 if he has received the preliminary report on the development of a sewerage scheme for the village of Creggs, County Galway; if the scheme will be included in the next phase of his Department’s water services investment programme; the timetable for the publication of this programme; and if he will make a statement on the matter. [20890/07]
In selecting individual schemes for inclusion in the Water Services Investment Programme, which I published on 17 September 2007, account was taken of a number of factors, including:
Compliance with relevant national and EU environmental, public health and drinking water quality statutory requirements and standards;
Support for the National Spatial Strategy;
Environmental Protection Agency reports on drinking water, water quality and urban wastewater discharges;
The provision of services for new housing through the Serviced Land Initiative and the need to address infrastructural deficits under the Rural Towns and Villages Initiative;
Other priorities identified by local authorities in their regular Assessments of Water Services Capital Needs.
Given the level of competing demand for the available funding, and the priorities identified for Galway, I regret that it has not been possible to include the Creggs scheme in the new Programme.
1147 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1829 of 31 January 2007, the status of the conservation study of the Rathcroghan archaeological complex; and if he will make a statement on the matter. [20898/07]
1148 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No 516 of 20 June 2006, the steps he is taking to provide public access to sites; and if he will make a statement on the matter. [20899/07]
I propose to take Questions Nos. 1147 and 1148 together.
The conservation study of the Rathcroghan archaeological complex, County Roscommon, was completed recently. The study aims to assist in the development of a conservation framework for the site, prioritising features of archaeological importance within the study area, and to suggest practical policies for the site's conservation. At their request an advance copy of the completed study has, with my approval, been issued to Roscommon County Council and to a group representing local landowners. Arrangements are also being made to send advance copies to the Deputy and other local public representatives.
Arrangements are being made for the publication of the study, which will in addition, be made available on my Department's website.
The wide range of issues addressed by the study includes that of public access to national monuments, in the context of the pattern of land ownership in the area. The views of landowners in the area were elicited and the study has identified a number of potential measures to improve public access to the monuments. These measures will be considered by my Department, the Office of Public Works and other relevant stakeholders with a view to progressing appropriate measures, where practical, in due course.
1149 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 766 of 26 June 2007 and in view of the Environmental Protection Agency reports of the future impact of global warming on rainfall and flooding, if he will facilitate the development of a wilderness park by applying a specific designation to the lands in question; and if he will make a statement on the matter. [20900/07]
As indicated in the reply to Question No. 766 of 26 June 2007 and previous Questions on this subject, the Mount Dillon land concerned is not prioritised for designation under the Wildlife Acts or the relevant European Directives and, accordingly, its management would not be appropriate to the National Parks and Wildlife Service of my Department. My Department will, however, be happy to continue to be available to assist and liaise with the local community group and other interests on relevant nature conservation issues.
1150 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if he will take immediate charge of all aspects of the enfolding pyrite situation (details supplied); if he will carry out a full traceability audit of all building sites supplied by the Lagan quarry in Blanchardstown; if he will urgently investigate the location of other quarries with high pyrite content and arrange a traceability audit for each of them; if he will set up a national pyrite investigation and monitoring commission to guarantee the hand back of fully repaired and rebuilt homes to householders; if he will liaise closely with the governments of Quebec and Ontario, Canada which have faced a similar pyrite catastrophe seven years ago and have produced protocols for compulsory chemical analyses of all infill used in construction and overseen appropriate compensation mechanisms for affected householders and local authorities; and if he will make a statement on the matter. [20907/07]
1151 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he has had negotiations with the builders of an estate (details supplied) in Dublin 13, in view of the alleged presence of pyrite in this estate; and if he will make a statement on the matter. [20915/07]
1153 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he has had negotiations with the builders of an estate (details supplied) in Dublin 13, in view of the alleged presence of pyrite in this estate; and if he will make a statement on the matter. [20931/07]
1155 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if his Department has ascertained the number homes have been built by stone taken from a quarry (details supplied) in County Dublin; and if he will make a statement on the matter. [20933/07]
1167 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the homebond guarantee will rectify the problem relating to pyrite in the affected estates (details supplied) in Dublin 13; and if he will make a statement on the matter. [21078/07]
I propose to take Questions Nos. 1150, 1151, 1153, 1155 and 1167 together.
The national Building Regulations set out the legal requirements for the construction of houses. The related Technical Guidance Documents (TGD) provide technical guidance on how to comply with the Regulations. Responsibility for compliance with the Building Regulations rests with the builder and the owner of the building.
Part C/TGD-C of the Regulations set out the legal requirements/technical guidance for Site Preparation and Resistance to Moisture. Part C stipulates "the floors, walls and roof of a building shall be so designed and constructed as to prevent the passage of moisture to the inside of the building". The Regulations also require that " the hardcore bed should be at least 150mm thick and should be of broken stones, broken brick or similar suitable material well compacted and clean and free from matter liable to cause damage to concrete".
Part D/TGD-D of the Regulations set out the legal requirements/technical guidance for Materials and Workmanship. It requires that "all works to which these Regulations apply shall be carried out with proper materials and in a workmanlike manner". Proper materials are defined as "materials which are fit for the use for which they are intended and for the conditions in which they are to be used".
Under the European Communities (Construction Products) Regulations, 1992, as amended by the European Communities (Construction Products) (Amendments) Regulations, 1994, a product is defined as "any construction product to which these Regulations apply which is produced for incorporation in a permanent manner in works". The Regulations require that "a person shall not place a product, other than a minor product, on the market unless it has such characteristics that the works in which it is to be incorporated, assembled, applied or installed can, if properly designed and built, satisfy the essential requirements when, where and to the extent that such works are subject to regulations containing such requirements". In the case of hardcore filling, the relevant Regulations are the Building Regulations highlighted above.
Enforcement of the Building Regulations is the function of the thirty-seven local Building Control Authorities in the State. In this instance, I understand that the relevant Building Control Authority, Fingal County Council, has been in direct contact with the developers and the quarry concerned to ascertain the full extent of the problem and to ensure that there is no further use of this material for house building.
Having consulted the statutory Building Regulations Advisory Body in the matter, my Department, on 16 August 2007, issued a Circular Letter BC 6/2007 to each County Manager and local Building Control Authority with a view to bringing the issue to their notice and requesting their co-operation in the enforcement of the relevant requirements. This Circular letter also brings to their attention a Notice Issued by Fingal County Council on 26 July 2007 on this matter.
I understand that, in relation to appropriate protocols for testing underfloor infill material, the National Standards Authority for Ireland is giving urgent consideration to publication of additional guidance on this issue, whether by way of a new standard, amendment to an existing standard or a standard recommendation, as found appropriate. It is my intention to adopt any recommendation of the NSAI in this regard, when available, in the relevant Technical Guidance Document to the Building Regulations.
In relation to compensation, this is a matter between a homeowner, the relevant developer and the latter's insurer, whether that is Homebond or another insurer. Consequently, I have no function in this regard.
1152 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government if he will issue approval to Kilkenny County Council to purchase 17 houses in an area (details supplied); and if he will make a statement on the matter. [20922/07]
My Department issued approval to Kilkenny County Council for the purchase of 16 houses in Castlecomer, Co. Kilkenny on 6 September 2007.
1154 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that adequate arrangements are in place for voters with impaired vision in Dáil and Seanad, including university panels, elections, and if he has proposals in this regard. [20932/07]
Under section 103 of the Electoral Act 1992, a voter in a Dáil general election whose sight is so impaired or who is otherwise so physically incapacitated or who is unable to read or write to such an extent that the person is unable to vote without assistance, may, on request, have their ballot paper marked by a companion or a presiding officer at a polling station.
Under section 22 of the Seanad Electoral (University Members) Act 1937, and section 51 of the Seanad Electoral (Panel Members) Act 1947, voting in a Seanad general election is carried out by way of a postal ballot. Although voters must sign a declaration of identity which accompanies the ballot paper in the presence of a witness (who is personally known to them in the case of university voters or a specified witness in the case of panel voters), there is no specific provision in Seanad electoral law with regard to assistance for voters with a visual impairment. While electoral law is subject to on-going review, there are no proposals at present to alter the existing arrangements.
1156 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government the details of the 60 public water treatment plants at high risk from the cryptosporidium bug which waters for 100,000 people nationwide. [20943/07]
On publication of the Water Services Investment Programme 2007-2009 on 17 September 2007, I outlined the measures being taken by my Department, in conjunction with the Environmental Protection Agency, to develop a systematic and accelerated response to the cryptosporidium risk, as well as to persistent E-Coli failures, in public water supplies. These measures include a new contingency funding arrangement to deal with priority infrastructural upgrades.
My Department and the EPA are examining the latest drinking water quality results with a view to cataloguing those supplies at greatest risk from cryptosporidium and also supplies that are subject to continuing E-Coli or other chemical exceedences. This analysis is expected to be completed within the next few months. The objective is to develop an action programme that identifies an appropriate solution in each case. This may involve, inter alia, abandoning or replacing sources, upgrading treatment facilities or improving operational and maintenance arrangements. The contingency funding arrangement will apply where infrastructural works are urgently required that have not already been provided for in the current or previous phases of my Department’s Water Services Investment Programme. The EPA will oversee implementation of any necessary remedial actions as part of its enhanced supervisory function under the European Communities (Drinking Water) Regulations (No.2), 2007 (S.I. No. 278 of 2007).
In the immediate term, local authorities have been asked by my Department to review the operation of all water treatment plants (and associated infrastructure) to ensure that the installation of continuous chlorine alarms and turbidity meters at appropriate locations at the treatment plant or in the distribution network (including at reservoirs) is progressed without delay. Authorities have also been asked promptly to complete and return an amended Cryptosporidium Risk Assessment to be issued shortly by the EPA. Reliable risk profiling of individual schemes will become available following completion of the joint Departmental/EPA examination referred to above and submission of amended Cryptosporidium Risk Assessments by all local authorities.
1157 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government if his Department provides funding for the city and county managers associations, or if local authorities are empowered to fund this organisation; and if he will make a statement on the matter. [20971/07]
My Department does not provide funding to the County and City Managers Association (CCMA). However, the Local Government Management Services Board (LGMSB), in accordance with its Establishment Order, supports the CCMA. The LGMSB is in turn funded by local authorities.
1158 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government if all necessary approvals have been issued by his Department to Kildare County Council to allow the authority proceed with the new Kildare Town waste water project; if matters are outstanding; when these matters will be dealt with; and if he will make a statement on the matter. [20972/07]
The Kildare Town Sewerage Scheme is included in my Department's Water Services Investment Programme 2007-2009 as a scheme to start construction in 2008 at an estimated cost of €21.4 m.
Kildare County Council's Contract Documents for the wastewater treatment plant and collection system are under examination in my Department and are being dealt with as quickly as possible.
1161 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when he expects the Green Paper on Local Government Reform to be published; and the reason he will not in the interim issue the regulations enabling the creation of additional town councils here as provided for in the Local Government Act 2001. [21031/07]
The Programme for Government contains a commitment to publish a Green Paper on Local Government Reform by the end of the year. This Paper will examine a number of issues in relation to the organisation of Irish local government including the establishment of new town councils. A White Paper on Local Government Reform will then follow next year.
I will give consideration to those parts of the Local Government Act 2001 which have not yet been commenced, including Part 17 which concerns the establishment of new town councils, as part of this reform process.
1162 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the action he has taken with a view to acquiring additional land near to Maynooth Castle with a view to providing further facilities at this historic site. [21032/07]
Restoration works, representing an investment of some €2m, have been carried out to date at Maynooth Castle. They have involved a programme of conservation and adaptation works to the ground floor, the provision of access to the first floor and the provision of an exhibition and reception point. This has facilitated visitor access and provided a guide service. The site is now open to the public on a seasonal basis.
I am advised that further facilities, including the provision of toilets, would be required if there was to be greater use of the Castle. Additional lands would be needed to provide such facilities. I understand from the OPW that they entered negotiations to purchase a suitable area of land in 2002. At the time, it was considered that the asking price did not reflect the value of the land.
My Department will explore the possibility of land acquisition for the site in conjunction with OPW. All land acquisitions generally are considered within the constraints of the Built Heritage Capital Budget.
1164 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if he or his Department has plans to introduce grants for skate board parks in major towns; the funding that will be provided; the time scale involved for such funding; and if he will make a statement on the matter. [21052/07]
An initiative for the provision of skateboard facilities by local authorities was introduced in 2005. Each City and County Council was invited to submit expressions of interest for grant assistance towards the provision of a skateboard park in its area. Applications were assessed in my Department in conjunction with the National Children's Office and some 21 projects in 21 different local authority areas were recommended for grant aid. A sum of €1 million had initially been earmarked for the scheme in 2005 but, in light of the number and quality of submissions received, all 21 projects were approved in November 2005 and the funding allocation was increased to over €2 million.
Grants amounting to €654,377 in respect of 9 of those projects have been drawn down by local authorities to date. An assessment of the overall scheme will be made by my Department when full information is available on completion of all the projects in those local authorities currently approved for grant aid.
1166 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the proposals he has to increase the levels of loans in the shared ownership loans scheme as operated by the local authorities; and if he will make a statement on the matter. [21054/07]
The income and loan limits for social and affordable housing schemes are under review and I hope to be in a position to announce the outcome of that review shortly.
1168 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government his plans to increase the group waste water scheme grant system in relation to individual houses within such a scheme as operated by local authorities; and if he will make a statement on the matter. [21080/07]
The Department is funding a pilot programme, proposed by the National Rural Water Monitoring Committee, to test a range of new, small-scale wastewater collection and treatment systems under Irish conditions. The objective of the pilot programme is to evaluate new approaches to meeting the wastewater collection and treatment needs of rural communities and to examine the potential role for group sewerage schemes in extending collection systems to households outside the catchment of new or existing sewerage networks.
Construction of the pilot projects is now substantially complete with commissioning expected in October. Monitoring of the performance of the new infrastructure by the National Rural Water Monitoring Committee will commence immediately after that. The Committee has been asked to report to me on results as they become available.
I intend to review the grants for group sewerage schemes in light of the outcome of the pilot programme.
1169 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the findings of the RPII regarding high levels of radon in buildings in Dublin and Cork; the action he will take on foot of the findings; and if he will make a statement on the matter. [21085/07]
I am aware of the findings of the RPII regarding the high levels of radon in buildings in Dublin and Cork.
Over the years, the Government has committed significant resources, largely through the Radiological Protection Institute of Ireland (RPII), to assessing the incidence of radon throughout the country, to creating enhanced public awareness of radon and to highlighting the health risks associated with prolonged exposure to high concentrations.
Since the 1990's the RPII has also carried out a nationwide survey of radon in domestic dwellings; it has issued almost 120,000 radon measurement detectors (this is just RPII activity and does not include any private sector services on radon); it has undertaken measurements in almost 33,000 houses, more than 3,800 schools (in conjunction with the Department of Education and Science) and about 2,250 workplaces.
There is a summary of the results, on a county basis, of the radon measurements carried out in houses up to end December 2006 available on the RPII website (www.rpii.ie). About 13% of houses measured were above the Reference Level where remediation works would be recommended.
The RPII consistently urges householders and others, particularly those in high radon areas, to have their homes tested for radon, and where necessary, to undertake remediation works.
Government efforts and resources, together with those of the RPII, will continue to focus on enhancing public awareness of radon and on improving information to householders so as to enable and encourage them to address monitoring or remedial works effectively and economically.
1171 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government his views on whether housing developers who fail to complete the housing estates they have built can continue to seek planning permissions for other developments; his plans to penalise such activity; and if he will make a statement on the matter. [21142/07]
Section 35 of the Planning and Development Act 2000 provides that planning authorities may apply to the High Court for authorisation to refuse to grant planning permission to a developer who has substantially failed to comply with the conditions of a previous permission.
This power was significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006, which effectively reverses the burden of proof in relation to the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions, the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have this decision annulled. I am satisfied that planning authorities now have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.
1172 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government his view on allowing people in social housing to re-apply to their local authority for housing in particular when there has been a significant change in their circumstances, that is, increase in family size or an improvement in financial circumstances; and if he will make a statement on the matter. [21143/07]
The housing needs assessment process is currently the subject of reform, with the aim of putting in place a graduated and flexible system of housing supports to meet the housing needs of applicants over their lifetimes. This includes developing appropriate mechanisms to cater to those households already in receipt of housing support who require a change in the support being provided on foot of their changing circumstances. This approach is in keeping with the lifecycle framework introduced in the new Partnership Agreement, Towards 2016, which has been reflected in my Department's Housing Policy Statement — Delivering Homes, Sustaining Communities.
1173 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources when the mineral oil relief tax on oil seed rape will be available to farmers producing same; and if he will make a statement on the matter. [19784/07]
The Government is firmly committed to the development of an Irish biofuels market and to the development and deployment of bioenergy generally in Ireland. A range of initiatives is already in place to support the development of the biofuels sector. The Biofuels Mineral Oil Tax Relief Schemes are geared towards those producing biofuel. The second Scheme runs until 2010. We are focusing now on non-fiscal measures which will increase the market penetration of Biofuels. The planned introduction of a Biofuels Obligation by 2009, will require all fuel suppliers to ensure that biofuels represent a certain percentage of their annual fuel sales.
The Bioenergy Action Plan 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. In formulating the plan, it was agreed that while excise relief is an effective short-term measure to stimulate the biofuels market, other policy initiatives, such as a renewables obligation, would be beneficial in the longer-term. The obligation will also give all market players the necessary long-term certainty to make appropriate investment decisions. The move to a biofuels obligation and our ambitious targets, will jointly create opportunities for the farming community to diversify into energy crops. The Programme for Government underlines our commitment to maximise the potential of bioenergy crops.
My colleague, the Minister for Agriculture and Food, who has responsibility for incentivising the production of energy crops, has already put measures in place that are designed to encourage the growing of energy crops.
1174 Deputy Noel Grealish asked the Minister for Communications, Energy and Natural Resources the action he will take to speed up the roll-out of broadband to rural areas in the west of Ireland, particularly Turloughmore; and if he will make a statement on the matter. [19830/07]
The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated by the independent Commission for Communications Regulation.
The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers.
The widespread provision of broadband services continues to be a priority for the Government. 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).
Despite these Government initiatives there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is underway. The NBS will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in unserved areas are met.
The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four Candidates have pre-qualified. As my Department indicated on 2 September 2007, the four candidates are, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. The next phase of the procurement process involves inviting Candidates to participate in a competitive dialogue process. The Department is anticipating that the award of the NBS contract will be Quarter 2 of 2008, with rollout of the services due to begin as soon as possible thereafter. This timeline is subject to negotiations with Candidates during the competitive dialogue phase of the procurement process.
1175 Deputy Michael Noonan asked the Minister for Communications, Energy and Natural Resources if compensation under the drift net fishermens’ compensation scheme will be awarded to a person (details supplied) in County Limerick; and if he will make a statement on the matter. [19875/07]
The Salmon Hardship Scheme, full details of which were published earlier this year, is being administered by BIM and the regional fisheries boards. I have no role in the scheme or information about individual applications.
1176 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the progress made in ensuring that one third of electricity consumed here comes from renewable resources by 2020. [19968/07]
The Programme for Government has set targets of 15% of gross electricity consumption from renewable energy sources by 2010 rising to 33% by 2020 which exceeds the targets set out in the EU Renewable Directive.
The Government has already introduced a range of measures to incentivise the development and deployment of renewable sources of energy. These include the Renewable Energy Feed-In Tariff (REFIT) Scheme, the mineral oil tax exemption scheme, the Greener Homes Bioheat and CHP Support Programmes, and support for RTDI in renewable technology together with funding for a range of work by Sustainable Energy Ireland (SEI).
At least €270 million will be invested under the National Development Plan 2007-2013 through Sustainable Energy Programmes and Schemes overseen by SEI, as part of investments and support measures of over €670 million in renewable technologies. We are also supporting research projects to develop the use of agriculture products in the biofuels sector as well as energy crops and wood energy. Strategic planning and investment in electricity infrastructure has, as a key priority, the accommodation of renewable energy growth. EirGrid's Grid Development Strategy 2007-2025 will fully reflect this priority. The Strategy will also be informed by the All-Island Grid Study, which is currently being finalised.
A target of 15% approximates to 1650MW. Currently Ireland has over 1000MW of renewable capacity connected. This consists of approximately 793MW of wind powered plant, approximately 234MW of hydro powered plant with the balance (circa 34MW) made up of different biomass technologies. The additional new capacity required to achieve the target will be delivered by projects already selected under the previous AER V and AER VI competitions and the REFIT programme. The longer term prospects for renewable energy are excellent as is exemplified by the fact that currently there is over 3,500MW of renewable generation in the grid connection application process, the vast bulk of which is wind generation.
1177 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if funding will be made available for an application by a local authority (details supplied) in County Mayo under coastal protection measures; and if he will make a statement on the matter. [20110/07]
Responsibility for coast protection rests with the property owner whether it be a local authority or a private individual. My Department does, however, provide grant aid to various local authorities in respect of coast protection works subject to the availability of Exchequer funding and overall national priorities. All applications for funding received from the local authorities are examined and given consideration when my Department is drawing up the Coast Protection Programme each year.
The 2007 Coast Protection Programme was announced on the 3rd June and regrettably funding was not available for repairs to the sea wall at Roscahill. Funding of €100,000 was however approved in the case of Mayo County Council's application in respect of Accony, Louisburgh.
Future applications for funding from Mayo County Council will be considered, subject to the availability of Exchequer funding and overall national priorities, going forward.
1178 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if the amount of a grant has been reduced (details supplied); and if so, the reason the amount of this grant was decreased. [20420/07]
1179 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the advertisements which took place to notify the public of the reduction in a grant amount (details supplied). [20421/07]
1180 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the number of people who obtained a grant (details supplied). [20422/07]
1181 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the number of valid applications in the pipeline for a grant (details supplied). [20427/07]
I propose to take Questions Nos. 1178 to 1181, inclusive, together.
I issued a press release on 3rd September last announcing that Phase I of the Greener Homes Scheme had fulfilled all of its initial objectives and surpassed its targets ahead of schedule. My Department's website was updated accordingly. Sustainable Energy Ireland's website was also updated on that day with information on the scheme and all suppliers were notified directly by SEI. Dissemination of the details on Greener Homes was by way of leaflets for Phase I and was made available to all applicants. A similar approach will be adopted for Phase II.
The number of approved applications for the technology referred to by the Deputy is 4,517 of which 1,830 have already been paid and 2,687 have received a Letter of Offer but have not yet submitted a claim for payment. The first phase of the scheme achieved all of its objectives ahead of time and within budget. To ensure a steady market development the grant levels are being reduced for some technologies including the technology in question, where it is considered that the market has reached a level of maturity to allow it to continue at a lower rate of support. Other grant levels remain unchanged.
The objective in Greener Homes Phase II is to consolidate the market, underpinning it with quality standards and training and providing for a long-term future that is not grant dependent. The aim is to ensure that the market for these products, services and fuels continues to develop strongly in a robust manner and that consumers continue to be guided towards discerning choices. Continuing the scheme will help secure a range of objectives including more competitive offerings, revised product standards, improved training standards and stable growth across the renewable heating industry.
The new building regulations announced last week by my colleague, John Gormley T.D., Minister for the Environment, Heritage and Local Government, will mandate the use of renewable heating systems in all new buildings which should provide a further boost to the development of these technologies.
1182 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the position regarding the €5,000,000 hardship fund for coastal communities reliant on commercial salmon fishing; and if he will make a statement on the matter. [20519/07]
Officials from my Department and the Department of Community, Rural and Gaeltacht Affairs, are in discussion about arrangements for the management of the community support scheme, the focus of which should primarily be those communities where commercial salmon fishing has been a well-established activity and where its withdrawal demonstrably impacts on the economic and social fabric of the area.
Details of the scheme are being finalised with a view to publication in the near future.
1183 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources if he will make representations to the Department of Finance to introduce grant aid similar to solar panels for domestic dwellings in areas certified as having adequate wind supply; and if he will make a statement on the matter. [20633/07]
1184 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources his views on introducing grant aid similar to solar panels for wind turbines for use in domestic dwellings which are certified as being suitably located in an area of adequate wind supply; and if he will make a statement on the matter. [20634/07]
1202 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the reason he has decided to significantly reduce the grants available to homeowners for renewable energy heating systems under the proposed phase two of the greener homes scheme; the amount in total he proposes to be allocated for phase two of the greener homes scheme from the Supplementary Estimates; the reason there will be a significant time-lapse between phase one and phase two of the grant scheme; the plans he has to bring forward a grant aid scheme for microgeneration; the time-line for this programme; and if he will make a statement on the matter. [20555/07]
1206 Deputy Damien English asked the Minister for Communications, Energy and Natural Resources when the next phase of the greener homes scheme will be operational; his plans to review the level of grant available to housebuilders in order to promote the use of renewable energy sources; and if he will make a statement on the matter. [20619/07]
1207 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources if he will provide information on schemes (details supplied). [20740/07]
I propose to take Questions Nos. 1183, 1184, 1202, 1206 and 1207 together.
The Greener Homes Scheme has been hugely successful since its launch in March 2006, with 16,000 grants approved since its inception. The aim of this scheme was to stimulate demand for renewable heat technologies in homes. The demand is clear and the sector is now on a firm footing. Phase I of the Greener Homes Scheme has delivered in 18 months what was originally envisaged as a five-year programme and all of the €47m budget is now committed. Since Phase I was launched, the number of registered renewable energy installers has increased dramatically and there has been a ten-fold increase in products available on the Irish market. This clearly demonstrates the very significant level of market development since the scheme was first launched.
The first phase of the scheme has achieved all of its objectives speedily and within budget. Consequently, the grant levels are being reduced for some technologies where it is clear that the market has reached a level of maturity to allow it to continue at a lower rate of support. Other grant levels remain unchanged. Phase I of the Greener Homes Scheme was concluded on Monday 3 September and is closed for applications from that date. There will be a pause of 28 days ahead of Phase II being launched on 1st October.
The overall level of funding for Phase II of the Greener Homes Scheme will be decided in the context of the 2008 Estimates and Budget process.
The Greener Homes programme is aimed specifically at the renewable heat sector. The House of Tomorrow programme delivered by Sustainable Energy Ireland has been providing support to developers of new housing, both private and social, to encourage the incorporation of a suite of significantly higher than normal energy efficiency and renewable energy features in their developments.
Funding support under the first phase of this programme was typically at up to €8,000 per unit, subject to an energy and CO2 performance of at least 40% better than required under existing Building Regulations. Influenced by the success of that programme, my colleague John Gormley T.D., Minister for the Environment, Heritage and Local Government announced the revised building regulations that will strengthen the mandatory energy performance provisions in law for new housing by 40% and which will require renewable heating technologies to be used in all new buildings.
Having fully, achieved its objectives, the first phase of the House of Tomorrow programme has now been closed. However, we need to continue this process of innovating and improving housing standards further still, to contribute to national policy targets. A second phase of the House of Tomorrow programme will be launched in the near future, under which funding will be available for developments delivering a 60% energy performance improvement over current regulations — equating to around a 20% further improvement over the new regulations. This next cycle of projects will provide vital learning and experience to inform and accelerate the introduction of even higher mandatory standards in 2010.
The level of grants support in the upgraded programme has yet to be finalised, but will be related to the degree of innovation and energy performance being pursued.
Both the White Paper on Energy Policy Framework and the Programme for Government commit to developing Ireland's clear and undoubted potential for distributed generation, including micro-generation, as a long term alternative and supplement to the existing centralised energy distribution system. My Department is already working with all relevant agencies including Sustainable Energy Ireland (SEI), the Commission for Energy Regulation (CER), ESB Networks and the Electro-Technical Council of Ireland, to put in place the appropriate administrative, technical and safety standards and practices to underpin the widespread deployment of micro generation technologies. The question of grant aid for domestic wind turbines will be considered as part of this process.
1185 Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources if the salmon compensation scheme will be reviewed; and if the decision to ban all drift netting of salmon will be included in this review. [20763/07]
The €25m Salmon Hardship Scheme adopted by Government is intended to provide a measure of relief to individuals in line with the level of hardship likely to be experienced on foot of the cessation of mixed stock fishing for wild salmon. The overall sum takes account of the levels of payment recommended by the Independent Group, based on the recorded catch history of the eligible licensees. The scheme is being administered by BIM and applicants, who have been notified of their entitlements, have until the 31 December 2007 to take up the offer.
The approach to determining the hardship payments is fair and reasonable and there are no plans to revise the scheme.
The Regional Fisheries Boards and the Marine Institute are closely monitoring wild salmon stocks on a river by river basis with a view to identifying the extent of stock recovery, if any, arising from the cessation of the harvesting of salmon and any stock rehabilitation works undertaken.
In the future event that stocks recover in a particular river and it is established from the results of the Genetic Stock Indentification Project that significant numbers of fish destined for other rivers are not intercepted, it should be possible to exploit the identified surplus by all appropriate methods but within the constraints permitted by the Habitats Directive. Indiscriminate or mixed stock interception of salmon at sea will not be permitted in the future.
1186 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the position on the roll out of broadband in Kildare; the number of MANs in Kildare; the location of same; the time scale and location of those MANs not rolled out; and if he will make a statement on the matter. [21051/07]
The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated by the independent Commission for Communications Regulation.
The role of Government is to formulate regulatory and infrastructure policies to facilitate the provision of affordable, high quality telecommunications services, by competing private sector service providers.
There are 10 Kildare towns listed in Phase II of the MANs Programme. These towns are: Athy, Clane, Kilcock, Kilcullen, Kildare, Maynooth, Monasterevin, Newbridge, Rathangan and Prosperous. The networks are scheduled to be handed over to the Managed Service Entity, responsible for operating and administering the networks, towards the end of 2008.
1187 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the guidelines an angling club must address or have in place to ensure that they can appoint water bailiffs to protect stock in their areas; and if he will make a statement on the matter. [21069/07]
The appointment of water keepers is provided for by section 294 of the Fisheries (Consolidation) Act 1959, as amended. The appointment by an appropriate angling club of such a person, certified as suitable by the relevant regional fisheries board, must be confirmed by a District Justice within whose district the water keeper is appointed to act.
1188 Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources if, pursuant to Parliamentary Question No. 787 of 26 June 2007, he will ensure that the electricity interconnector will not be used to import electricity generated by nuclear power plants. [19713/07]
The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18(6) of the Electricity Regulation Act 1999. Furthermore, the Energy Policy Framework and the Programme for Government make it clear that the Government fully intends to maintain this statutory prohibition on nuclear generation in Ireland.
This prohibition does not include the importation of electricity generated by nuclear energy. Legal advice received by the Department states that such a prohibition would be in breach of Article 28 of the EC Treaty which prohibits quantitative restrictions on imports and all measures having equivalent effect between Member States. I am therefore advised that a prohibition on the importation via interconnection of electricity generated with the use of nuclear energy would be highly unlikely to have a legal justification even if it were technically feasible.
It is not technically possible to guarantee that electricity imported over an interconnector is not generated from nuclear sources as it is not physically possible to prevent the flow of nuclear generated electricity onto the network. Nor is it possible to distinguish the flow of electricity across interconnectors by reference to the original source of supply/generation.
1189 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to ensure that one third of electricity consumed will come from renewable energy by 2020. [19931/07]
The Programme for Government has set targets of 15% of gross electricity consumption from renewable energy sources by 2010 rising to 33% by 2020 which exceeds the targets set out in the EU Renewable Directive.
The Government has already introduced a range of measures to incentivise the development and deployment of renewable sources of energy. These include the Renewable Energy Feed-In Tariff (REFIT) Scheme, the mineral oil tax exemption scheme, the Greener Homes Bioheat and CHP Support Programmes, and support for RTDI in renewable technology together with funding for a range of work by Sustainable Energy Ireland (SEI).
At least €270 million will be invested under the National Development Plan 2007-2013 through Sustainable Energy Programmes and Schemes overseen by SEI, as part of investments and support measures of over €670 million in renewable technologies. We are also supporting research projects to develop the use of agriculture products in the biofuels sector as well as energy crops and wood energy. Strategic planning and investment in electricity infrastructure has, as a key priority, the accommodation of renewable energy growth. EirGrid's Grid Development Strategy 2007-2025 will fully reflect this priority. The Strategy will also be informed by the All-Island Grid Study, which is currently being finalised.
A target of 15% approximates to 1650 MW. Currently Ireland has over 1000 MW of renewable capacity connected. This consists of approximately 793 MW of wind powered plant, approximately 234 MW of hydro powered plant with the balance (circa 34 MW) made up of different biomass technologies. The additional new capacity required to achieve the target will be delivered by projects already selected under the previous AER V and AER VI competitions and the REFIT programme. The longer term prospects for renewable energy are excellent as is exemplified by the fact that currently there is over 3,500 MW of renewable generation in the grid connection application process, the vast bulk of which is wind generation.
1190 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the regulatory powers to combined heat and power and district heating systems he plans to remove. [19932/07]
The Energy (Miscellaneous Provisions) Act, 2006, provides for the transposition of provisions of EU Directive 2004/8/EC on the promotion of cogeneration based on efficient use of heat generated in the internal energy market, in relation to the definition of high efficiency Combined Heat and Power (CHP). The relevant sections of the Act provide for the formal definition of high efficiency CHP in accordance with the Directive.
In line with the commitment in the Programme for Government, my Department and Sustainable Energy Ireland are in discussion with the Commission for Energy Regulation with a view to identifying and removing barriers including regulatory barriers, to the deployment of high efficiency CHP and district heating.
1191 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the date on which he plans to introduce co-firing at each of the three peat stations with biomass; and the percentage of biomass that will be used. [19933/07]
The Government has set a target of 30% co-firing at each of the three peat stations with biomass by 2015, which will reduce greenhouse gas emissions from those three stations by 900,000 tonnes per annum and will also extend the life of the stations. I expect Bord na Móna and ESB to bring forward their proposals for progressively achieving this target, together with their analysis of the related challenges and barriers to be addressed in delivery.
1192 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the progress made in the implementation of the National Bioenergy Action Plan; and the level of greenhouse gas emissions that has been reduced since its introduction. [19934/07]
The Programme for Government commits to the full implementation of the National Bioenergy Action Plan which will reduce greenhouse gas emissions by at least 2 million tonnes per annum.
The Bioenergy Action Plan sets out over 50 actions across a range of Government Departments and Agencies. Implementation of the plan through a cohesive Government approach across the agriculture environment, enterprise, transport and energy sectors is ongoing. The impact of the various actions in terms of reduced greenhouse gas emissions from 2007 onwards will be reflected in the annual carbon statistics prepared by Sustainable Energy Ireland and the Environmental Protection Agency.
1193 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to introduce a biofuels obligation system; and the progress made on same. [19935/07]
1194 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to promote the use of sustainable energy in transport. [19936/07]
I propose to take Questions Nos. 1193 and 1194 together.
The planned introduction of a Biofuels Obligation by 2009 will require all fuel suppliers to ensure that biofuels represent a certain percentage of their annual fuel sales.
The Government has committed to achieving 5.75% market penetration of biofuels by 2009, in advance of the target date in the EU Biofuels Directive. We have also committed to achieving 10% market penetration of biofuels in Ireland by 2020. We will undertake a series of consultations later this year with stakeholders on the specific details of the scheme and this will be followed by the introduction of appropriate legislation. We have set 2009 as the date for introduction of the obligation.
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. The Biofuels Mineral Oil Tax (MOT) Relief Scheme II was introduced in 2006, valued at over €200m. 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.
My colleague, the Minister for Transport and the Marine, is preparing a national Sustainable Travel and Transport Action Plan, which will underpin and support the Government's overall objectives for sustainable use of energy in transport, including biofuels.
1195 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to incentivise people to move towards greater energy efficiency in their homes. [19938/07]
Actions to promote energy efficiency in the residential sector will be set out in the National Energy Efficiency Action Plan, which I am publishing for public consultation very shortly. The Action Plan will set out details of current and planned initiatives taken to achieve a 20% reduction in energy demand across the whole economy by 2020.
The revised Building Regulations will lead to a 40% improvement in the energy performance of houses built to the new standard compared to the existing standard. This was made possible by the House of Tomorrow Programme run by Sustainable Energy Ireland. That Programme has, for a number of years, been preparing the house building sector for higher energy performance requirements. Having achieved its objective, the next step is to prepare the market for even higher energy performance requirements, leading in a relatively short number of years to zero carbon housing.
Other critical actions on energy efficiency in the residential sector include raising awareness and achieving real behavioural change through the Power of One campaign and the Programme for Government commitment to have smart meters installed in all homes throughout the country. We have other challenges to overcome in the transport sector and other sectors of the economy, which will be highlighted in the Energy Efficiency Action Plan.
I expect the full range of our actions in the residential sector to contribute more than half of the energy savings required to achieve our 20% savings target for 2020. We will also introduce in 2008 a new support measure to ensure improved insulation in peoples homes as proposed in the Programme for Government.
1196 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the date on which he will ensure that the ESB installs a new smart electronic meter in every home. [19939/07]
In line with the Programme for Government commitment to ensure that the ESB installs smart electronic meters in every home, I have requested my Department to work as a priority with ESB Networks, Commission for Energy Regulation and Sustainable Energy Ireland to expedite a costed national smart meter roll-out programme, building on research and pilot projects to date as well as best international practice.
1197 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to stimulate the development of alternative energy resources. [19940/07]
The commitment in The Programme for Government and the Energy Policy Framework 2007-2020, to the development of alternative energy resources is being underpinned by a range of support programmes and strategies for renewable energy development and deployment. This includes wind, ocean and bioenergy, all of which represent significant opportunities for Ireland to reduce dependence on fossil fuels and contribute to the national priority objectives for security of energy supply, climate change and competitiveness.
1198 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to support energy research development and innovation programmes. [19941/07]
Energy Research and Innovation is a key part of both the Science, Technology and Innovation Strategy 2006-2013 and the National Development Plan, reflecting the vital importance of the energy sector and the imperative to deliver sustainable, competitive and secure energy supplies for the economy and society. Our ambitious targets for renewable energy and climate change as reflected in the Programme for Government require a step change in research and innovation in the energy research sphere.
The National Development Plan makes provision for investment of €149m in energy research over the period to 2013. The investment will be underpinned by an energy research strategy for the medium to long term, which delivers on Ireland's strengths and tackles specific national priorities, while ensuring that Ireland benefits from international energy research and innovation. The Energy Policy Framework commits to the development of a comprehensive energy research strategy, which will be finalised by end year under the auspices of the Irish Energy Research Council.
In line with the Programme for Government, particular priority will be given to R&D on renewable technologies, including biomass, ocean, solar and wind. Other key energy research priority areas in the Energy Policy Framework include energy efficiency in transport, the built environment and industry, electricity storage projects and grid integration for renewables. The National BioEnergy Action Plan also highlights R&D priorities for second generation biofuels and research forestry and energy crops.
The development of a national energy research capability has already been identified as an area for priority attention. Awards made to date under the Charles Parsons scheme will progressively develop energy research capacity across all disciplines in third level institutions across the island.
Detailed research priorities and further design of schemes and programmes will be pursued as the energy research strategy is developed with the Irish Energy Research Council. The Programme for Government also commits to amending the remit of Science Foundation Ireland (SFI) to include a third research pillar in the area of sustainable energy and energy efficiency technologies, and discussions are under way with SFI accordingly.
1199 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources his plans to work with the European Commission and other national grid operators to develop an offshore wind farm grid connection system to power the rest of Europe. [19942/07]
In line with the Programme for Government published in June of this year, I am committed to working with the European Commission and other Member States to progress the scope for a European offshore wind farm grid connection system.
Ireland's position on the EU potential will be informed by the all-island grid study, which is due to be completed shortly and by the Grid Development Strategy 2007–2025, which is currently being developed by EirGrid.
Work is also ongoing with the European Commission to ensure that there is effective cross-border regulation in the electricity markets across Europe to facilitate the development and operation of energy infrastructure among the Member States.
1200 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the date on which he plans to establish an ocean energy development unit. [19943/07]
The Programme for Government commits to establishing an Ocean Energy Development Unit. I have asked my Department to engage with the relevant players in this area including third level institutions currently involved in the ocean energy research area, Sustainable Energy Ireland, and the Marine Institute with a view to finalising the scope and locus of the Ocean Energy Development Unit and to bring forward proposals to me at an early date.
This is an area where the Government is keen to make rapid progress in order to seize the opportunities for Ireland in wave and tidal technology as a contributor to our overall renewable energy mix, going forward.
1201 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if gas will be supplied to a town (details supplied) in County Mayo in phase II; if same has been approved by An Bord Gáis; when it will happen; and the timeframe in relation to same. [20041/07]
Under the Gas (Interim) (Regulation) Act 2002, the Commission for Energy Regulation (CER), which is a statutory independent body, has been charged with all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State.
Last year, the Commission for Energy Regulation (CER) directed Bord Gáis Éireann (BGÉ) to implement a new Gas Connections Policy, which determines the economic viability of connecting towns to the gas network. The new policy allows for the appraisal of a new town either on its own or as part of a regional group of towns. Having regard to this new policy I am informed that, BGÉ is carrying out a comprehensive review of towns being considered for connection to the national gas network. The review is being carried out in three Phases, the second Phase of which is currently under way.
Ballinrobe was originally considered under Phase 1 but did not qualify as an eligible town. Ballinrobe is, however, being reviewed under Phase 2, following the submission of new information on the town. The Phase 2 Report is in the final stages of completion and will be published in the coming weeks by CER and Bord Gáis Networks.
1203 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will bring forward legislation to protect consumers in the communications sector when telecoms operators break their service contracts and customers are left for hours, days or weeks with no services that they have already paid for with no redress; and if he will make a statement on the matter. [20556/07]
Primary responsibility for consumer protection falls within the remit of my colleague the Minister for Enterprise, Trade and Employment and the National Consumer Agency.
A function of the Commission for Communications Regulation, ComReg, is the investigation of complaints from consumers in relation to the supply of, and access to, electronic communications networks, electronic communications services and associated facilities. ComReg also has an objective to promote the interests of users of these services within the European Community.
Under the EU Framework Regulations, ComReg shall, where appropriate, consult and cooperate with the Director of Consumer Affairs on matters of common interest in connection with the protection of consumer interests. I am informed by ComReg that discussions are ongoing between both parties at present with a view to the development of a memorandum of understanding on the matter.
1204 Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to companies making unsolicited approaches, via text selling services which automatically bill the customer even if they do not accept; if he has satisfied himself that Irish or EU legislation is sufficiently robust to prevent consumer rip-off by these operations; and if he will make a statement on the matter. [20604/07]
Responsibility for the regulation of the content and promotion of premium rate telecommunications services, including subscription-based services, is a matter for the Regulator of Premium Rate Telecommunications Services Limited (Regtel), an independent self-regulatory body. Regtel does not report to me as Minister for Communications, Energy and Natural Resources. The area of consumer protection within which Regtel operate, falls mainly under the remit of my colleague the Minister for Enterprise, Trade and Employment, and the National Consumer Agency.
Should consumers be targeted by unsolicited electronic communications for direct marketing purposes, they should contact the Office of the Data Protection Commissioner who has strong investigatory and prosecution powers in this area. The Data Protection Commission is an independent State body, under the remit of the Minister for Justice, Equality and Law Reform, which has responsibility for the implementation of the regulations controlling the sending of unsolicited electronic communications for direct marketing purposes.
It is now illegal within the EU to target individuals/natural persons by unsolicited means. Unsolicited communications for the purpose of direct marketing, with a limited exception covering existing customer relationships, is only allowed with prior consent. EU Directive 2002/58/EC the Directive on Privacy and Electronic Communications, transposed into Irish Law on 6 November 2003 via the Electronic Communications (Electronic Communications Networks and Services)(Data Protection and Privacy) Regulations 2003 (S.I. 535 of 2003) provide for restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, email, SMS and MMS. Monitoring compliance with and enforcement of the provisions of the regulations is a function of the Data Protection Commissioner.
1205 Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the companies that were awarded a mineral oil tax relief licence for the production of biodiesel under scheme one (2005); the amount of biodiesel each company had produced at each of the six month reviews; and the way this compared with the amount for which they were licensed. [20608/07]
Under the Pilot Biofuels Mineral Oil Tax Relief Scheme there were three successful companies awarded excise relief in the biodiesel category. The companies in question were Conoco Phillips who were awarded excise relief on the production of 880,000 litres of biodiesel, Eco Ola who were awarded excise relief on the production of 270,000 litres of biodiesel and Greyhound Recycling and Recovery Ltd who were awarded excise relief on the production of 1.2m litres of biodiesel.
While the individual amounts of biodiesel produced by the companies concerned is commercially sensitive information, I can advise the Deputy that to the end of July 2007 there was a total of 1.063m litres of biodiesel produced under the pilot scheme. My Department is satisfied that progress is being made by the companies towards full uptake of excise relief under this segment of Scheme I.
1208 Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 372 of June 2007 the position in relation to the awarding of the national broadband scheme, its subsequent roll out and if it is still within the timescale of December 2007. [20828/07]
The procurement process for a new National Broadband Scheme (NBS) is under way. The procurement process is being undertaken pursuant to the European Communities (Award of Public Authorities' Contracts) Regulations 2006 using a competitive dialogue procurement process. The NBS will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in unserved areas are met.
The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four Candidates have pre-qualified. As my Department indicated on 2 September 2007, the four candidates are, in alphabetical order, BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. My Department received a significant number of responses to the PQQ issued, and due to the number of responses received there was a consequential increase in analysis required.
The next phase of the procurement process involves inviting candidates to participate in a competitive dialogue process. The documentation required for this phase of the process is complex and requires significant consideration. As a result of these issues, there has been an increase in the expected timeline for the NBS. The Department is now anticipating that the award of the NBS contract will be Quarter 2 of 2008, with rollout of the services due to begin as soon as possible thereafter. This timeline is subject to negotiations with candidates during the competitive dialogue phase of the procurement process.
1209 Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources the telephone exchanges throughout south west cork that are due for upgrade to broadband standard before 31 December 2007; and if he will make a statement on the matter. [20829/07]
The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regulation, ComReg, the independent regulator. I have no function in the matter of the enabling of exchanges owned by private companies.
As a private company, Eircom is not obliged to inform my Department about its plans concerning future upgrades to its broadband service. However, I welcome the recent announcement by Eircom that it is committing an extra €30 million to enabling 319 exchanges over the next coming years, in order to allow up to 140,000 new customers to connect to a broadband enabled exchange.
1210 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources his views on the retention of the reserved area for the postal service; the action he will take to support the universal service obligation within the postal system; if he has taken this matter to Cabinet or to the EU Commission; and if he will make a statement on the matter. [20883/07]
The draft third postal directive, which is currently being discussed at the European Council and European Parliament, proposes to remove the reserved area and fully open the postal market to competition. This, I anticipate, will deliver benefits to the consumer in the same way that the liberalisation of other sectors such as the telecommunications sector have. The draft directive also proposes to maintain the universal service obligation at its current level, a position which Ireland endorses. Maintenance of the universal service and the availability of a high quality postal service to Irish consumers are issues of key importance to Ireland in the context of liberalisation of the postal market. More generally I intend to hold a public consultation addressing issues arising from the draft directive.
1211 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he will take to support and encourage the electronic upgrading of the post offices and their expansion by way of compatible add on services; and if he will make a statement on the matter. [20884/07]
The matter of the electronic upgrading and expansion of post offices is an operational issue for the board and management of An Post. I have no statutory function in relation to this matter.
