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Dáil Éireann debate -
Thursday, 15 Nov 2007

Vol. 641 No. 5

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 10, inclusive, answered orally.

Energy Conservation.

Olivia Mitchell

Question:

11 Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the timescale involved in the roll out of net metering as was promised in the programme for Government; and if he will make a statement on the matter. [28990/07]

Michael D. Higgins

Question:

22 Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources the timeframe for a commitment to install smart electronic meters in every home as per the programme for Government, in view of the announcement on the pilot scheme for smart meter installation; the full cost for the pilot scheme and the estimated cost for the roll out to every home; the geographic locations of the pilot scheme; if this will facilitate the introduction of a micro generation strategy; and if he will make a statement on the matter. [28975/07]

I propose to take Questions Nos. 11 and 22 together.

The introduction of net-metering facilities for micro-scale producers will be enabled by the introduction of smart metering technology. The Government's Energy Policy Framework and Programmes for Government commit to the introduction of smart meters to every customer in the country over the next five years. The smart meter programme is a key component of the Government's Strategy to radically improve demand, management and energy efficiency and to enable the development of micro generation and distributed generation on a wider scale.

The Commission for Energy Regulation (CER) will lead the implementation of smart metering which entails a first phase to scope out potential applications and the technical and system developments appropriate in the context of the Irish electricity market. Informed by this work ESB Networks will commence a first phase roll out of 25,000 smart meters at an estimated cost of €10 million. The ESB Networks programme currently envisages the first meters being installed in the second quarter of 2008. The geographic locations of the smart meters in the first phase roll out has not yet been finalised but will include a number of mixed network sites in urban and rural locations including the Sustainable Energy Ireland (SEI) sustainable energy community programme in Dundalk.

Microgenerators will be included in the assessment of the optimal design of a smart meter and associated processes. The initial estimate for a full network roll out of smart meters is of the order of some €600 million under the Networks Investment Programme, which is regulated by the CER. The full costs of the project will be determined by the final smart meter design and applications that will be scoped out over the coming period. There will, of course, be significant savings in electricity bills due to greater energy efficiency and also reductions in carbon emissions.

Fisheries Protection.

Sean Sherlock

Question:

12 Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources if, in view of a meeting (details supplied) he will confirm the existence of an agreement detailing the right of net fishermen to resume commercial drift and draft net fishing should requisite conservation levels be met; and the rights they will have if they choose not to accept the buy out in view of the fact that a deadline of 21 December 2007 is rapidly approaching. [25899/07]

The Standing Scientific Committee of the National Salmon Commission has advised that stocks of salmon in the river Fergus, a tributary of the Shannon, are below conservation limits. For this reason, no killing of salmon by any method was permitted during the 2007 season. The Shannon Regional Fisheries Board and the Marine Institute will monitor the stocks in developing a management plan for the river with a view to identifying the extent of the recovery, if any, arising from the cessation of the harvest of salmon and any stock rehabilitation works undertaken.

There was no agreement of the nature referred to by the Deputy, on foot of a meeting between the previous Minister of State and this group. He did advise, however, that in the future event that stocks recover in the river Fergus and it is established from the results of the Genetic Stock Identification project that significant numbers of fish destined for other rivers are not intercepted within the river, it should be possible to exploit the identified surplus by all methods but within the constraints permitted by the Habitats Directive. A condition of acceptance of payment under the Salmon Hardship Scheme is that the recipient will not apply for a commercial salmon fishing licence in the future.

Any future issue of commercial salmon fishing licences will be limited to those who have not availed of the hardship scheme and will recognise, for those licence holders who are unable to fish because of the closure of a river on conservation grounds, the year 2006 as the most recent year for fishing in determining the order of priority for the allocation of licences. According to legal advice, salmon fishing licences are issued annually and there is no automatic entitlement to them. They cannot be transferred, traded or sold. No property right exists in them.

I would like to emphasise that the Government's primary motivation in its decision to align future management of the wild salmon fishery with the scientific advice and introduce the appropriate regulations to cease mixed stock fishing, is the conservation of the wild salmon species. It is vital to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch. The current imperative is to maintain stocks above conservation limits or, at the very least, to halt the observed decline.

Telecommunications Services.

Leo Varadkar

Question:

13 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the number of fixed line broadband subscribers excluding mobile services such as 3G; the way they compare to the European average; and if he will make a statement on the matter. [28995/07]

There were 653,000 broadband subscribers (excluding mobile) in Ireland at end of quarter two of 2007 according to official figures from Commission for Communications Regulation ComReg. This figure comprises broadband connections through "DSL" — 472,700, "Cable" — 68,900, "Fixed Wireless" — 102,500, "Other Technologies" such as Satellite and Optical Fibre — 8,900. Additionally, there were 45,000 mobile broadband subscribers in Ireland at the end of June 2007 giving a total of 698,000 subscribers. The 698,000 figure represents a penetration rate of 15.4 subscribers per 100 of population.

Ireland's growth in broadband penetration is exceptional. Last week's report from the OECD shows that we have the strongest per capita subscriber growth in the OECD. Moreover, Ireland has narrowed the gap behind the EU average. At the end of Quarter 2 06 the EU-25 average was 14 subscribers per 100 of population and our rate was 8 subscribers. At the end of Quarter 2 07, the EU-25 Average was 18.2 subscribers per 100 of population and our rate was at 15.4. If the estimated 45,000 mobile broadband subscribers are included, then the penetration figure increases to 16.48 subscribers. It might be noted that the OECD assessment understates Ireland's competitive position as regards broadband access due to the larger size of households in Ireland.

Brian O'Shea

Question:

14 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the position regarding the security failure from Eircom regarding its 250,000 wi-fi customers; and if he will make a statement on the matter. [28980/07]

I am advised that Eircom have contacted all of their users who are potentially affected by this issue. I am also advised that Eircom have created a special web site www.eircom.net/wirelesssecurity and have set up a free phone number where information is available on how to address the issue. In general, security issues in relation to public communications networks provided by eircom and other service providers are matters in the first instance for the service providers who are regulated by the independent Commission for Communications Regulation (ComReg).

A function of 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 are required to take all reasonable measures which are aimed at achieving and ensuring that the integrity and security of public communications networks are maintained. My Department is working with industry to increase public awareness in the next few months, in relation to the safe use of Information Communications technology (ICT). This will take the form of an all Ireland campaign aimed at educating computer users how to mitigate security risks when using computers and the Internet.

Bernard Allen

Question:

15 Deputy Bernard Allen asked the Minister for Communications, Energy and Natural Resources the plans he has to improve broadband speeds here as recent studies claim Ireland has a low European ranking with average speeds of 2.2Mbps compared to some European neighbours who have average speeds ten times that of Ireland; and if he will make a statement on the matter. [28993/07]

The provision of telecommunications services, including broadband, is primarily a matter for the private sector. Broadband service providers operate in a fully liberalised market that is regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. 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 has therefore been a priority for 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). There has been significant progress made to date in the broadband market. There were 698,000 broadband subscribers in Ireland at end of quarter two of 2007 according to official figures from ComReg. This figure represents a penetration rate of 16.48 subscribers per 100 of the population. Last week's report from the OECD shows that we have the strongest per capita subscriber growth in the OECD, with Ireland adding 6.6 subscribers per 100 inhabitants during the past year, far ahead of the OECD average of 3.65 per 100 inhabitants.

The matter of the speed of broadband services is one for the service providers. Worldwide, the telecommunications sector is focusing its investment plans on what has become known as Next Generation Networks (NGNs), which are likely to see the delivery of higher-bandwidth broadband services over fibre-optic infrastructure. I understand many of the services providers in Ireland are formulating plans for the roll out of NGNs. My Department is currently considering policy options in relation to the optimum role for Government in encouraging and facilitating the planning and roll out of next generation broadband in Ireland, including how existing Government owned infrastructure, and possible future Government investment, could help achieve national policy objectives in this area.

Jan O'Sullivan

Question:

16 Deputy Jan O’Sullivan asked the Minister for Communications, Energy and Natural Resources his views on reports from ComReg that Eircom’s rate of return from services provided is higher than appropriate; the implications for the customer; the action he will take; and if he will make a statement on the matter. [28960/07]

Statutory responsibility for the regulation of electronic communication service providers, including eircom, rests with the independent regulator, the Commission for Communications Regulation (ComReg), in accordance with the requirements of the Communications Regulation Act 2002, as amended, and the Regulations, which transpose the EU Regulatory Framework for Electronic Communications. I, therefore, have no function in the matter referred to in the Question.

I understand that ComReg issued a consultation paper on the cost of capital that eircom should be allowed. This is a key input to the return eircom is allowed to earn on its fixed-line business and is known as Weighted Average Cost of Capital (WACC). Full details of the consultation are available on ComReg's website – www.comreg.ie, consultation reference 07/88.

Broadcasting Services.

Thomas P. Broughan

Question:

17 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on providing a channel dedicated to the democratic discussions in Dáil Éireann and making it available on terrestrial television; and if he will make a statement on the matter. [28965/07]

Section 28(2)(b) of the Broadcasting Act, 2001 mandates RTÉ to provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament. In addition section 45(4) of the Broadcasting Act 2001 mandates TG4 to provide programmes, primarily in the Irish language, of news and current affairs, and to provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament.

Both RTÉ and TG4 devote resources and efforts, within the constraints of their programming schedules, to coverage and commentary of the proceedings of the Houses of the Oireachtas. I would agree that there is a need for direct public access to live proceedings of both Houses and to the work carried out by committees of the Oireachtas. In line with the commitments set down in the Programme for Government, and in the light of the opportunities offered by the introduction of digital terrestrial television, I propose to work with the Houses of the Oireachtas, and in particular with the Joint Administration Committee, to explore the possibilities for the introduction of programming carrying live broadcasts of Oireachtas business.

Electricity Generation.

Willie Penrose

Question:

18 Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources his views on the issue of potential power outages in winter 2007 due to underperformance of ageing ESB plants; if he is confident that there will be sufficient power supply in winter 2007; the peak usage in winter 2006 and the predicted usage in winter 2007; the capacity in the system in winter 2006 and in winter 2007; and if he will make a statement on the matter. [28982/07]

Bernard J. Durkan

Question:

213 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he is satisfied regarding the adequacy of energy to meet the country’s electricity needs; and if he will make a statement on the matter. [29192/07]

I propose to take Questions Nos. 18 and 213 together.

As I have already explained in detail to the House, the recent coverage in the media with regard to potential performance problems at three ESB plants located at Poolbeg, Great Island and Tarbert underlines the necessity to ensure adequate capacity margins on the generation system. EirGrid's 2007 Winter Outlook Report forecasts that electricity generating capacity will be sufficient to meet demand this winter. Eirgrid has indicated that the developments potential outages could lead to reduced capacity margins during the winter peak period, it is still EirGrid's assessment that there will still be sufficient capacity on the system to ensure security of electricity supply this winter.

The report assumes a peak demand this winter of 5,250 megawatts (mw). This compares with the peak demand last winter of 5035 mw. EirGrid calculates that generating capacity of 5930 mw will be available. This includes the new 400 mw facility at Huntstown, which is now in service. This compares favourably with a peak generating capacity of 5,836 mw last year. It is also expected that connected wind capacity will reach 900-1000 mw by year end, which will represent a very significant and welcome increase of over 25% of installed wind capacity since the start of the year.

As with any power generation system, it is not possible to give definitive guarantees that generation adequacy will always be maintained. By their nature, high level forced outages on the system cannot be predicted. Plant outage, whether planned or unforeseen, must at all times be critically managed to maintain security of supply. EirGrid operates a range of demand control measures to assist in managing demand at peak times. These include reducing demand by agreement with large users in the interests of ensuring domestic customer supply is maintained.

Postal Services.

Eamon Gilmore

Question:

19 Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources if, when he pledged to progress the delivery of postcodes here, he was in possession of a cost benefit analysis of this system; if so, if he will publish details of same; the initial cost and the ongoing cost of this project; the amount of this that will be financed by the taxpayer; if there will be a general consultation process before a system of postcodes is introduced; the type of postcode system he favours; the time-frame for implementation; and if he will make a statement on the matter. [28952/07]

The National Postcode Project Board was established in 2005 to recommend the most suitable postcode for Ireland. As part of its work on the project, the National Postcode Project Board's technical and economic advisors carried out an extensive consultation with stakeholders, both within the postal sector and outside it with a view to arriving at a postcode model that best meets the needs of the stakeholders. These consultants also measured the likely costs and benefits of the introduction of such a postcode along with a detailed implementation plan including the levels of funding required and how those funding requirements should be met.

The cost of establishing a postcode address database and implementing and promoting the postcode was estimated to be in the region of €15m. There would also be ongoing annual maintenance costs but these could be met from revenues generated by the postcode manager. After consideration of the matter earlier this year, the Government decided that further analysis and quantification of the wider economic and societal benefits of postcodes would be required. Some of the public sector benefits identified by the consultants included better targeted service provision, improved policy formulation, implementation and evaluation, and better profiling of public expenditure.

The commitment to introduce a postcode system in Ireland is contained in the Programme for Government and I am currently considering the issues involved in order to progress the project to the implementation stage.

Question No. 20 answered with QuestionNo. 9.

Bernard J. Durkan

Question:

21 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his preferred options for the development of the postal service in the future; his plans for the utilisation of the post office network; and if he will make a statement on the matter. [28913/07]

The Government's policy with regard to the future development of the postal service, is to ensure Irish customers, both business and residential, enjoy competitively priced, high quality postal services on a par with the highest quality standards in key comparator economies elsewhere in the EU. Ensuring that Irish consumers have access to a broad suite of high-quality postal services and the maintenance of the universal service obligation are of key importance to Ireland in the context of the future full liberalisation of the European postal market, which is due to take place in 2011. I intend to hold a public consultation examining the key issues in the draft EU directive, on its ratification early next year.

While the Government will support An Post and its network in any way it can, it is the responsibility of the board and management of the company to make strategic decisions regarding its future, how it will prepare itself for further competition and the number and type of post offices in the network. In preparation for competition, it is vital that the company restructures itself effectively and that management and trade unions in An Post work together to transform the company into an efficient and modern service provider by implementing the agreed restructuring programme.

Question No. 22 answered with QuestionNo. 11.

Greenhouse Gas Emissions.

Willie Penrose

Question:

23 Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources the steps being taken to pursue the option of carbon capture and storage; if he has any legislative proposals to advance this method of addressing CO2 emissions; and if he will make a statement on the matter. [28981/07]

The assessment of the prospects for geological storage of carbon, in Ireland is at a relatively early stage. A study by Sustainable Energy Ireland, Environmental Protection Agency (EPA), Geological Survey of Northern Ireland and Geological Survey of Ireland (GSI) is examining the potential for such storage on the island of Ireland. An EPA-GSI project in the next 2 years will evaluate the prospect for potentially favourable sites in the Moneypoint region. Research under the Griffith Geoscience Research Awards has just begun which will document the subsurface characteristics of potential sites in this region. However, we are some very considerable distance from implementing any storage solution, even if all these studies have positive results. GSI intends to affiliate to an active European network on geological storage of carbon to ensure we are fully aware of best practice on technical options relevant to Ireland.

My Department is also participating in other EU and international fora where the potential for carbon capture and storage is being progressed. The question of legislative underpinning for geological storage of carbon will be kept under review in light of developments.

Telecommunications Services.

Thomas P. Broughan

Question:

24 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the position regarding the review of the cost effectiveness and performance of the MANs; when he will decide on the progression of a further phase of the MANs; the amount a further phase of the MANs will cost; if the Government will sell the MANs to Eircom; and if he will make a statement on the matter. [28966/07]

My Department is continuing to undertake a Value for Money and Policy Review on Phase I of the Metropolitan Area Networks Programme. The review is being carried out in close cooperation with the Department of Finance. This Review, which is expected to be completed by the end of 2007, along with other policy analyses being undertaken, will help to inform my decisions on future investment in broadband infrastructure.

The open access, high speed, fibre optic Metropolitan Area Networks continue to play a vital role in facilitating and encouraging competition and innovation in regional telecommunications markets and I have no plans to sell them or to change the existing open access, carrier neutral model of the Metropolitan Area Networks programme. The positive impact of competition, in terms of consumer choice, quality and price of services, is significant.

Broadcasting Services.

Emmet Stagg

Question:

25 Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources the position regarding arrangements agreed with RTÉ for the provision of RTÉ broadcasting in Great Britain in 2008; and if he will make a statement on the matter. [28972/07]

Section 3 of the Broadcasting (Amendment) Act 2007, enacted and commenced in April of this year, amends RTÉ's public service remit, by requiring the national public service broadcaster to provide a television and radio service to Irish communities abroad, and stipulating that any such television service must be representative of the existing RTÉ One, RTÉ Two and TG4 channels. Section 14 of the Broadcasting (Amendment) Act 2007 empowers RTÉ to utilise the public funding it receives in respect of television licence fee income in pursuance of this amended public service remit.

RTÉ's initial focus in fulfilling its new mandate is on ensuring the provision of a television service to Irish communities in Britain. RTÉ is currently planning the establishment of an international channel for such a purpose and has an active group working on the project. This group is currently exploring the various options available, including the cost and availability of space on the broadcasting transmission platforms of third parties and the cost, and acquisition of certain rights associated with the broadcast of programmes outside of Ireland. On completion of this process RTÉ will outline its specific proposals to meet the mandate set by the Oireachtas under section 3 of the 2007 Act.

Compensation Schemes.

Michael Noonan

Question:

26 Deputy Michael Noonan asked the Minister for Communications, Energy and Natural Resources his views on putting together a compensation package for the small number of coal mine workers who continue to suffer health problems as a result of their time in the mines, taking into account the effect this has on their families and considering the small numbers involved; and if he will make a statement on the matter. [29005/07]

The issue in relation to former coal miners who suffer health problems as a result of their time in the mines is primarily one of disability or occupational injuries benefit entitlement and I understand that this matter has previously been referred to the Minister for Social and Family Affairs. I am afraid there is no scheme available to me from which to pay such compensation.

Tax Code.

Kathleen Lynch

Question:

27 Deputy Kathleen Lynch asked the Minister for Communications, Energy and Natural Resources if he has made a case to the Department of Finance regarding carbon taxes; his position regarding carbon taxes; and if he will make a statement on the matter. [28968/07]

I am generally supportive of the introduction of a carbon levy along the lines of the commitment set out in the Programme for Government which states that "Appropriate fiscal instruments, including a carbon levy, will be phased in on a revenue-neutral basis over the lifetime of this Government". In addition, the Programme for Government commits to the establishment of a new Commission on Taxation whose remit will include investigate fiscal measures to protect and enhance the environment including the introduction of a carbon tax, in the context of maintaining a strong economy. I am working with my Government colleagues on implementing the Programme for Government and will be discussing all dimensions with them in that context.

In addition, the National Climate Change Strategy 2007-2012 describes the existing and planned taxation measures designed to reduce greenhouse gas emissions. The Strategy stated that the Government would continue to examine other tax incentives or disincentives where these can be shown to have a clear cost benefit in reducing greenhouse gas emissions.

Television Licence Fee.

Ruairí Quinn

Question:

28 Deputy Ruairí Quinn asked the Minister for Communications, Energy and Natural Resources the plans in place for an increase in the television licence; the amount of increase that is planned; his views on whether an increase in the licence fee is justified; and if he will make a statement on the matter. [28964/07]

I refer the Deputy to my reply to Parliamentary Question No. 1 of today.

Telecommunications Services.

Jan O'Sullivan

Question:

29 Deputy Jan O’Sullivan asked the Minister for Communications, Energy and Natural Resources his views on a report (details supplied) that claimed that while western European broadband prices for residential users have decreased on average by 3.1%, the cost of average broadband went up by 35.5% here; and if he will make a statement on the matter. [28959/07]

The provision of telecommunications services, including broadband, is a matter for the private sector operating a fully liberalised market, regulated by the independent Commission for Communications Regulation (ComReg). I have no function in this matter. I understand ComReg has raised concerns with the authors of the report about the methodology adopted and the accuracy of the results published for Ireland.

Since liberalisation, Irish broadband prices have decreased significantly in comparison with the overall Consumer Price Index. For example, ADSL tariff packages cost in excess of €100 per month in 2002. By Quarter 2 of this year the average price in the market was €23, which is the 5th cheapest in the EU, the overall EU average price being €29. Broadband can also be had for as little as €9.99 when taken in a telecommunications bundle.

Róisín Shortall

Question:

30 Deputy Róisín Shortall asked the Minister for Communications, Energy and Natural Resources his views on whether the telecoms market here is competitive; if so, the evidence there is for same; and if he will make a statement on the matter. [28979/07]

The telecoms market is fully liberalised and regulated by the Commission for Communications Regulation (ComReg), which is independent in the exercise of its functions. ComReg's objectives include the promotion of competition and the promotion of the interests of users. There are now over 600 authorised undertakings for telecoms services and this includes 100 companies offering fixed telephony services, five companies offering mobile services and over 200 companies offering high-speed broadband over a number of platforms.

Since liberalisation, Irish telecommunications prices have decreased significantly in comparison with the overall Consumer Price Index (CPI) according to information from the CSO. Ireland has the 10th lowest average broadband subscription fee according to recent figures published by the OECD.

Under the regulatory framework for telecommunications ComReg conducts market analysis to determine whether any part of the overall telecommunications market is not competitive. Where significant market power is determined, the regulator is obliged to impose remedies to ensure that the operator does not abuse a dominant position. ComReg has found significant market power in the fixed line market and has imposed remedies on the dominant operator in order to facilitate competition in the market.

ComReg's powers have been substantially strengthened by the enactment of the Communications Regulation (Amendment) Act, 2007 earlier this year. This Act enhanced ComReg's enforcement powers and also conferred on them competition law powers, similar to those of the Competition Authority, which allow it to investigate and prosecute any instances of anti-competitive behaviour or abuse of dominance in the electronic communications sector.

Alternative Energy Projects.

Emmet Stagg

Question:

31 Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the potential of the deep geothermal heat source on the Newcastle Blackrock geological fault line and that deep geothermal resources could provide sustainable energy to thousands of homes; if he will put in place legislation that is needed for this type of exploration; and if he will make a statement on the matter. [28953/07]

In 2004 Sustainable Energy Ireland (SEI) funded a Geothermal Atlas of Ireland which identified the potential locations of deep geothermal energy in Ireland. The Blackrock-Rathcoole fault line was identified as a possible area of relatively accessible geothermal energy. The report recommended further research along the fault line and SEI have subsequently funded a feasibility study of the potential for a deep geothermal energy system on UCD's Belfield campus which was considered to be located on the fault. The report analyses technical options for a deep geothermal energy system and concludes that a specific drilling programme would be necessary to confirm the heating potential of the geothermal energy resource and to quantify the expected depth and cost of drilling for any full scale system.

It is clear that further research, including detailed cost benefit analysis, will be needed into the potential for deep geothermal energy exploitation in the Irish and indeed European context. The necessity for legislation will be kept under review in light of developments.

Telecommunications Services.

Ciaran Lynch

Question:

32 Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources his views on calls for a functional separation of Eircom’s business rather than a full structural split of its network and its retail arms; and if he will make a statement on the matter. [28969/07]

Fergus O'Dowd

Question:

36 Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources if he has been in contact with Eircom regarding its proposed break up of its network business from its retail arm; if so, if he will ensure that a broken up Eircom will continue to provide affordable fixed line phone access under the terms of its universal service obligation; and if he will make a statement on the matter. [28992/07]

I propose to take Questions Nos. 32 and 36 together.

The provision of telecommunications services 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. Eircom, as a private company, is entitled to implement the corporate structure, which best meets its needs provided that appropriate engagement takes place with ComReg on any regulatory issues that might arise in a separated company. I understand that ComReg is seeking consultancy advice to assist them in that regard. Regulatory obligations such as the universal service obligations imposed on Eircom by ComReg would continue to be met irrespective of Eircom's corporate structure.

Soon after taking up office as Minister for Communications, I met the Chairman and Chief Executive of Eircom to discuss Eircom's plans for the future. In addition, officials in my Department have met with Eircom to clarify some of the issues outlined in a discussion paper I recently received from Eircom on the communications sector in general, including their proposals to separate its retail and wholesale arms. My officials are considering the matter further and I expect will engage again with Eircom in due course. Clearly my general policy concern in this area is to have a world class communications sector, as this is critical to our continued economic and social prosperity.

Broadcasting Services.

Joan Burton

Question:

33 Deputy Joan Burton asked the Minister for Communications, Energy and Natural Resources the position regarding digital terrestrial television; his views on whether Ireland will be ready for the switch over by 2012; if he will report on the pilot schemes; and if he will make a statement on the matter. [28976/07]

The Broadcasting (Amendment) Act, 2007 puts in place a flexible framework for the licensing of Digital Terrestrial Television (DTT) into the future. The Act provides for the use of multiplexes by both public service and commercial broadcasters and for the transmission of both digital television services and digital sound broadcasting services. Under the Act, RTE, the Broadcasting Commission of Ireland (BCI) and Communications Regulation (ComReg) have obligations to provide for the roll-out of DTT. Each of their roles is critical to ensuring the success of DTT in Ireland.

In order for Ireland to benefit fully from the switch to Digital Terrestrial TV, a switch-off of analogue television services is necessary. Ireland has indicated that this switch off will take place by 2012, in line with other European Countries and the Broadcasting (Amendment) Act, 2007 has provided a mechanism to ensure this date is met. During 2008, RTE will start to build a network to provide a DTT multiplex capable of carrying RTE 1, RTE 2, TV3 and TG 4. The BCI will be launching a competition for up to three additional DTT multiplexes early in 2008. My Department will monitor progress of DTT roll-out and will hold discussions with all relevant stakeholders around the issue of digital switch over.

When decisions have been taken about the nature and timing of analogue switch over, it will be necessary to ensure that Irish viewers are fully informed of all the issues arising. The Digital Terrestrial Television trial is being operated by my Department. The trial operates from 2 transmission sites in Dublin and Louth. There are 500 public participants on the trial who have access to 16 TV channels, 14 radio channels and a HD test channel. The trial is planned to continue until August 2008 and will provide the opportunity for further technical and user testing of both existing and new broadcast services, including digitext and audio description.

Joe Costello

Question:

34 Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the time-line for the publication of the Deloitte and Touche and William Fry report on the future of TG4; the way he envisages TG4 will be financed in the long term; the arrangements for the independence of TG4; and if he will make a statement on the matter. [28962/07]

TG4 became an independent statutory body on 1 April last. It will continue to receive public funds to finance its operations, along with the income that it generates from its commercial operations. In 2007, some €32 million of Exchequer funding for TG4 is being provided from my Department's Vote. The Deloitte & Touche/William Fry Solicitors "Report on the Preparation of a Implementation Plan for the Establishment of TnaG as an Independent Statutory Body" (dated 30 November 2005) is available on the Broadcasting section of my Department's website at www.dcenr.ie. The published report excludes some commercially sensitive information.

Telecommunications Services.

Denis Naughten

Question:

35 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps which he is taking to ensure the roll out of broadband in rural areas; and if he will make a statement on the matter. [28373/07]

Joe McHugh

Question:

39 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources the way he plans to introduce the 100% broadband coverage that he has recently commented on in view of the fact that most rural and Border areas are still without broadband; and if he will make a statement on the matter. [28987/07]

Denis Naughten

Question:

56 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he is taking to ensure the roll-out of broadband in rapidly growing communities; and if he will make a statement on the matter. [28374/07]

I propose to take Questions Nos. 35, 39 and 56 together.

The provision of telecommunications services, including broadband, is a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. 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).

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 under way. 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, the Pre-Qualification Questionnaire (PQQ) phase, is now complete and four candidates have pre-qualified. As my Department indicated on 2 September, the four candidates are, in alphabetical order, BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium.

The pre qualified candidates have been invited to participate in a competitive dialogue process which is now underway. My Department is anticipating that the award of the NBS contract will be in the second quarter of 2008, with roll-out 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.

Question No. 36 answered with QuestionNo. 32.

Pat Rabbitte

Question:

37 Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the progress on setting up a national advisory forum of telecoms experts; if his Department’s policy paper on communications infrastructure is complete; the position and progress on next generation networks; and if he will make a statement on the matter. [28957/07]

The provision of telecommunications services, including next generation broadband is primarily a matter for the private sector operating in a liberalised market, regulated by the Commission for Communications Regulation (ComReg). In response to developments in the Irish market and internationally, my Department is currently in the process of drafting a policy paper on Next Generation Networks (NGNs). The paper will consider and learn from international experience in NGN roll-out, review current communications policy and analyse policy options in relation to the optimum role for Government in the evolution to next generation broadband. I intend to convene a National Advisory Forum on NGNs to critique the paper and provide expert high-level guidance on future developments in the telecommunications sector. I am currently considering the membership of the forum.

Alternative Energy Projects.

Lucinda Creighton

Question:

38 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources his predicted figures for capital expenditure for the greener home scheme; and if he will make a statement on the matter. [28996/07]

Kathleen Lynch

Question:

51 Deputy Kathleen Lynch asked the Minister for Communications, Energy and Natural Resources if the second phase of the greener homes scheme is underway; the number of applications it received; the budget allocated for this phase of the scheme; if it is envisaged to expand what is offered in the scheme; and if he will make a statement on the matter. [28967/07]

Andrew Doyle

Question:

57 Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural Resources the predicted take up of the greener home scheme; the budget implications this will have for his Department; and if he will make a statement on the matter. [28997/07]

I propose to take Questions Nos. 38, 51 and 57 together.

I estimate that by the end of this year some €33m will have been expended on the Greener Homes Scheme since its introduction in 2006. The provision for 2008 will be made available in the context of the Budget on 5th December next. Phase II of the Greener Homes Scheme was launched on 1st October with several adjustments reflecting the positive developments in the market for domestic renewable technologies. The grant levels have been reduced for some technologies where 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 products that continue to be grant aided under Phase II are solar panels, wood pellet and woodchip boilers and geothermal pumps.

The objective of Phase II is to further consolidate the market, underpinning it with quality standards and training and providing for a long-term future that is not necessarily grant dependent. In this way Phase II will help secure a range of objectives including more competitive offerings, revised product standards, improved training standards and greater stability across the renewable heating industry. There have been over 800 applications received to date under Phase II. It is too early to estimate the level of actual take-up. The overall level of funding for Phase II of the Greener Homes Scheme will be determined in the context of the 2008 Budget.

I am keeping under review the scope for including other renewable energy products under the Greener Homes Scheme. In addition to overall budgetary considerations relevant factors would include product standards, supplier capability, installation quality assurance, energy and CO2 saving impact, market impact potential and, ultimately, value for money for the taxpayer.

Question No. 39 answered with QuestionNo. 35.

Energy Conservation.

Eamon Gilmore

Question:

40 Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources if he has met with the Department of Transport in view of Sustainable Energy Ireland’s findings that transport energy efficiency has barely improved since 1995; the manner in which improvements can be made; and if he will make a statement on the matter. [28961/07]

The report on Energy Efficiency in Ireland published by Sustainable Energy Ireland underlines the scale of the challenges inherent in delivering an energy efficient transport system. The Programme for Government commits to the promotion of the sustainable use of energy in transport. In that context my colleague the Minister for Transport in consultation with me and other Ministerial colleagues, is preparing a Sustainable Travel and Transport Action Plan, which will set out a range of measures for enhancing the energy efficiency and sustainability of the transport sector. I am also working with him to ensure that the National Energy Efficiency Action Plan fully reflects our objectives to improve energy efficiency in the transport sector.

Olivia Mitchell

Question:

41 Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the progress that has been made in introducing net metering as was promised in the programme for Government; and if he will make a statement on the matter. [28989/07]

Michael Noonan

Question:

53 Deputy Michael Noonan asked the Minister for Communications, Energy and Natural Resources the projected cost in the roll out of net metering as was promised in the programme for Government; and if he will make a statement on the matter. [28991/07]

I propose to take Questions Nos. 41 and 53 together.

The national smart meter programme which I announced recently is the key to facilitating the introduction of net metering to allow consumers to sell electricity back into the grid from any renewable power supplies they have. The Commission for Energy Regulation is leading the implementation of the smart meter programme which will among other things investigate the various potential applications of smart meter technology including micro generation and net metering potential. In that context the costs and benefits of net metering will be the subject of further analysis.

Telecommunications Services.

Brendan Howlin

Question:

42 Deputy Brendan Howlin asked the Minister for Communications, Energy and Natural Resources his views on the proposed adoption on 13 November 2007 by the EU Commission of reform proposals for the EU telecom rules; the reform proposals and the stage Ireland is at to comply with these proposals in each case; and if he will make a statement on the matter. [28954/07]

The EU Commission's proposals for reform of the electronic communications legislative framework, which were published this week, are part of an ongoing review of the current regulatory package that commenced in late 2005 and which will help to ensure that the framework keeps pace with technological and market developments and remains effective over the coming decade.

Officials in my Department have participated fully in the review to date, sharing our views with the Commission and consulting with stakeholders along the way, including a forum held last September to garner industry and interested parties' views.

The key issues in the Commission's new proposals, which are available on the EU Commission's website, include:

The establishment of a new EU Telecoms market authority to ensure greater regulatory consistency across Europe.

Giving National Regulatory Authorities the possibility of imposing functional separation as a remedy to tackle competition problems, where all other regulatory tools have proved to be inadequate.

The extension of the Commission's powers to allow a veto on the remedies to be applied by National Regulatory Authorities where dominance in a market is found.

A more coordinated approach to spectrum management.

Stronger consumer powers, especially for people with disabilities.

I look forward to examining the Commission's proposals in more detail and participating in the negotiations, through to the adoption of revised Directives in 2009-2010.

Energy Conservation.

Pat Rabbitte

Question:

43 Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the extent of cross-departmental interaction with regard to policy effects on energy and communications; when the high level group comprising key delivery Departments and agencies will be set up in relation to the national energy efficiency action plan; the persons who it will comprise; and if he will make a statement on the matter. [28958/07]

Energy policy is a whole Government priority and is by definition closely interrelated with other policy areas. The delivery of enhanced Energy Efficiency in particular involves a range of Departments and Agencies. The National Energy Efficiency Action Plan sets out the proposed range of actions, to deliver a minimum of 20% energy efficiency savings across the economy by 2020 with the additional objective of surpassing this target. We have also set a target of 33% for energy savings across the public sector. Following the current public consultation process I intend to bring the Action Plan to Government and to launch it early in the New Year.

My Department is already actively engaged with the Departments and Agencies most directly concerned in finalising the Action Plan. Implementation of the Action Plan will entail delivery right across Departments and Agencies, including notably the Departments of Finance, Transport, Environment, Heritage and Local Government, Enterprise, Trade and Employment and the Office of Public Works. The Cabinet Committee on Climate Change and Energy Security will oversee crosscutting delivery, supported by the Senior Officials Group, and my Department will convene a high level Group of Departments and Agencies to drive implementation following the launch of the Action Plan. I will advise the Deputy of the names of the members of the group following its establishment.

Energy Prices.

Jack Wall

Question:

44 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources if he will address the high levels of fuel and energy poverty in society here; his views on a St. Vincent de Paul survey that found that 79% of lone parents, 78% of elderly and 81% of local authority tenants struggled to pay for energy and heating costs in their homes; his views on a formal mechanism to review utility prices on an ongoing basis in the context of fluctuating prices on global oil and gas markets and the harsh impact of utility prices on low income families and senior citizens; and if he will make a statement on the matter. [28955/07]

As stated in the White Paper on Energy Policy, the National Action Plan for Social Inclusion 2007 – 2016 sets the overall policy framework for tackling poverty and social inclusion up to 2016 and includes measures targeted at fuel poverty. Coordination of the implementation of this Action Plan is primarily a matter for the Department of Social and Family Affairs.

Within that overall framework the relevant Departments and Agencies as well as energy suppliers will continue to work together to systematically address energy efficiency and affordability challenges through existing schemes and new measures as required. One of the schemes presently in operation and funded by my Department is the Warmer Homes Scheme, which provides insulation and other energy efficiency improvements at little or no cost to low income homes across Ireland. With regard to the St Vincent de Paul survey referred to by the Deputy, while I note its findings, and I would refer to the Greener Homes Scheme mentioned above, I have no function in regard to income and other supports for social welfare recipients to address fuel poverty.

The Commission for Energy Regulation (CER) has statutory responsibility for the regulation of electricity and gas tariffs and regulation includes a formal review process. As Minister I have no function in setting, regulating or reviewing these tariffs. As the Deputy will appreciate, neither do I have any function in regard to the regulation of international oil and gas prices. The price of oil and gas is set by the international commodity markets. Prices reflect a complex interaction of unanticipated strong demand, tight capacities, geopolitical uncertainties and the influence of speculators on the markets. The relative performance of the US dollar against the euro also impacts on oil prices and supply into the oil market continues to be influenced by OPEC policies.

Energy Resources.

Jack Wall

Question:

45 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources his views on reports from the UK that British Government officials are claiming that under current policies Britain would miss the EU’s 2020 target of 20% energy from renewables by a long way; if there are lessons to be learned here; if so, the lessons to be learned; and if he will make a statement on the matter. [28956/07]

Martin Ferris

Question:

55 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources the percentage of requirements he believes can be met from renewable sources by 2010. [29008/07]

I propose to take Questions Nos. 45 and 55 together.

The accelerated growth of renewable energy sources for electricity heat and transport is a priority for the Government in line with the overall ambition of 20% across Europe set by all the Heads of Government at the Spring European Council. We have set ambitious targets nationally for renewable energy to be delivered progressively by 2020. We have increased our EU target for renewable energy sourced electricity from 13.2% to a national target of 15% by 2010. We have set the target at 33% of gross electricity consumption from renewable energy sources by 2020.

In Biofuels for transport, we have committed to a target of 5.75% by 2010, in keeping with the EU Biofuels Directive and to a further target of 10% by 2020 in line with current EU proposals. These targets will be delivered through a Biofuels Obligation, which will be introduced in 2009. In the heat sector, targets of 5% and 12% market penetration by 2010 and 2020 respectively have been set and are supported through the successful Greener Homes, ReHeat and combined heat and power (CHP) grant programmes.

Ireland has probably the best renewable energy potential in Europe. We intend to realise that potential to the full. We will continue to put in place the necessary measures to incentivise the development and deployment of renewable sources of energy as well as addressing technical and other constraints. In that context we will shortly publish the All-island Grid Study, which is ground breaking research in international terms and which will underpin and inform delivery on our national renewable energy targets.

I am aware that the UK and several other Member States have informally expressed some concerns about the feasibility and costs of delivering on the 20% target for the EU. I am however, in full agreement with Commissioner Piebalgs that Europe must set and take all necessary steps to deliver, high targets for renewable energy.

Electricity Generation.

Joe Costello

Question:

46 Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the action he will take to guarantee the objective of achieving lower prices for consumers through breaking up the ESB; his views on whether the splitting of the ESB may be unnecessary for generating competition and that splitting the ESB will endanger the long-term energy security of people here; and if he will make a statement on the matter. [28951/07]

The White Paper on Energy Policy and the Programme for Government endorse the case for a process of structural change in the electricity sector. The effective working of the all-island market, the competitiveness of energy costs, the interests of consumers and the economy require it. We need to create the conditions that will deliver more competition, real consumer choice and support greater innovation in the electricity market and the strategic development of the distribution and transmission networks.

The Government is committed to the transfer of the electricity transmission network assets from ESB to EirGrid by end 2008. EirGrid already manages the assets as a fully independent entity. Combining the ownership and operation of the transmission assets makes sense. It will ensure that the system operates transparently and effectively, giving confidence to all market players. The present structure is complex and cumbersome and adds to costs. It creates additional overheads and transaction costs, duplication of skills and activities, and the risk of blurred accountability. It also makes for more complex regulation.

The transfer of ownership of the transmission assets will be implemented in a way that ensures the future of both EirGrid and the ESB as strong Semi State companies, as well as reflecting the position of the State and the ESOT as shareholders. There is no question of breaking up the ESB. Both the ESB and EirGrid will be stronger and better placed strategically as a result of the Government's actions.

We will have a healthier, more transparent energy market, which will reinforce the benefits of the Single Electricity Market and encourage investment. Transparency in relation to access to the Grid and Transmission assets will attract more players into the market and encourage competition. Competition on its own is not necessarily a panacea for lower energy prices but a more competitive and transparent environment will benefit the energy sector and Irish business and the consumer.

The Energy Policy White Paper and the Programme for Government contains a range of actions to deliver energy security of supply and a low carbon future for Ireland. The ESB, EirGrid and Bord Gáis Éireann together with all the players in the energy sector, have crucial contributions to make in the collective challenge to address security of supply, competitiveness and climate change.

Telecommunications Services.

Bernard J. Durkan

Question:

47 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects 100% high speed broadband availability; and if he will make a statement on the matter. [28912/07]

Róisín Shortall

Question:

60 Deputy Róisín Shortall asked the Minister for Communications, Energy and Natural Resources the position regarding the national broadband scheme; his views on whether the 1MB service it offers is sufficient and competitive; the most up to date cost of this project; the timeframe for the project; and if he will make a statement on the matter. [28978/07]

I propose to take Questions Nos. 47 and 60 together.

The provision of telecommunications services, including broadband, is a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. 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). 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 under way. 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 NBS aims to provide basic broadband services to rural regions. The requirement is to provide a minimum 1MB service, which is currently a typical product on the Irish market. It is intended that product specifications will evolve during the contract period to reflect trends in the broadband market. Financial modelling has been undertaken to establish the estimated cost of the scheme. I am not making the figure public as to do so could influence the negotiation process with the candidates.

The first phase of the procurement process, the Pre-Qualification Questionnaire (PQQ) phase, is now complete and four candidates have pre-qualified. As my Department indicated on 2 September, 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. My Department is anticipating that the award of the NBS contract will be in the second quarter of 2008, with roll out 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.

Electricity Generation.

Michael D. Higgins

Question:

48 Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources his plans for an interconnector to France; if this will have implications for the Government’s position on nuclear power; and if he will make a statement on the matter. [28983/07]

Under the Energy Policy Framework and the Programme for Government, we are committed to the progressive development of a regional electricity market with the UK and North West Europe underpinned by new interconnection. The current focus is on the delivery of the second North South electricity interconnector by 2011 and the new East-West electricity interconnector no later than 2012. At the Government's request EirGrid is also undertaking cost benefit analysis and feasibility planning for further interconnection with the UK and potentially with Europe in the longer term. Enhanced interconnection is critical for Ireland and indeed all Member States in terms of security of supply, competition and the completion of the Internal Market.

The Government fully intends to maintain the statutory prohibition on nuclear generation in Ireland. The use of nuclear fission for the generation of electricity in Ireland is in any event statutorily prohibited under Section 18(6) of the Electricity Regulation Act, 1999. This prohibition does not, however, include the importation of electricity generated by nuclear energy. Legal advice received by my 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 further advised that 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. Neither is it possible to distinguish the flow of electricity across interconnectors by reference to the original source of supply or generation.

Television Licence Fee.

Ruairí Quinn

Question:

49 Deputy Ruairí Quinn asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that full year, full cost radio and television licences must be obtained in respect of caravans and holiday homes even where such premises are used for only a number of weeks in the year; his views on arranging such licensing where appropriate on a part year basis at pro rata cost; and if he will make a statement on the matter. [28963/07]

The requirement to have a television licence is set out in the Wireless Telegraphy Acts, 1926 to 1988. Under this legislation a licence is required in respect of each location at which a television set is kept. The issue of holiday homes was raised in the context of the Joint Oireachtas Committee on Communications, Marine and Natural Resources public consultation process on the proposed Broadcasting Bill. The Joint Committee reported its findings on the outcome of the consultation process to the Houses of the Oireachtas on 18 April 2007.

I am currently considering the Committee's report. However, I have no immediate plans to change current television licensing requirements in this regard. There is no requirement to have a radio licence. This licence category was abolished some years ago.

Telecommunications Services.

Fergus O'Dowd

Question:

50 Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources if he has plans to reform the Communications Regulation Act 2007 in order for ComReg not to transfer revenue surplus to the Department of Finance in order for ComReg to reduce fees and levies on operators who in turn pass on the savings to consumers; and if he will make a statement on the matter. [28994/07]

I have no plans to amend the Communications Regulations (Amendment) Act 2007, as suggested by the Deputy. The funding by way of fees and levies on operators in a sector is the model used among sectoral regulators generally. ComReg's income derives from spectrum licence fees and levies imposed on both electronic communications and postal providers to meet the expenses incurred in discharge of its functions.

In the case of the levies, if the monies collected exceed the cost of regulation there is a requirement under the Communications Regulation Act 2002, as amended, that ComReg repays the surplus collected pro-rata to those who paid it. Any surplus that is paid to the Exchequer is therefore in respect of spectrum licence fees which consist of two elements: an administrative fee and a fee for the right to use the Radio Spectrum. It is my view that as spectrum is a national asset, it is right that the surplus should be paid to the Exchequer.

Question No. 51 answered with QuestionNo. 38.

Fisheries Protection.

Sean Sherlock

Question:

52 Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources the position regarding plans to remove the weir below Fermoy Bridge in view of a previous commitment that nothing would be done to endanger sporting or other activities on the river; and if he will make a statement on the matter. [27077/07]

I am advised that the River Blackwater is one of Ireland's most important salmon rivers and that the weir referred to by the Deputy significantly delays the free and uninterrupted migration of salmon and constitutes an effective barrier to the passage of lamprey and allis shad. In July 2006, the then Minister of State exercised his powers under the Fisheries (Consolidation) Act 1959 and issued a direction to Fermoy Town Council, the owners of the weir, to carry out the alterations necessary to the Fermoy weir to allow for the free passage of fish while mitigating the impact on rowing activities. This direction issued in the interests of conserving and protecting the wild salmon resource and in order to avoid the initiation of infringement proceedings by the EU Commission under the Habitats Directive.

An engineering report commissioned by the Department recognises that complete removal of the Fermoy weir would have a significant impact on the activities of a rowing club in the area as residual water depths would not be sufficient if the weir was removed. In recognition of the constraints imposed by the need to maintain a depth of water for rowing, the report recommended that a section of the weir upstream from the Fermoy bridge be lowered to the maximum extent consistent with retaining sufficient depth for rowing activities and that a rock ramp fish pass be installed in the lower weir to enable the free passage of all migratory species.

Fermoy Town Council was instructed to undertake remedial works in this regard. It is a matter for the Town Council to secure the necessary resources to undertake the works.

Question No. 53 answered with QuestionNo. 41.

Telecommunications Services.

Brian O'Shea

Question:

54 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources his views on the most recent OECD figures on broadband provision that puts Ireland below average of OECD countries; and if he will make a statement on the matter. [28977/07]

There were 653,000 broadband subscribers (excluding mobile) in Ireland at end of quarter two of 2007 according to official figures from ComReg. Additionally, there were 45,000 mobile broadband subscribers in Ireland at the end of June 2007 giving a total of 698,000 subscribers. The 698,000 figure represents a penetration rate of 15.4 subscribers per 100 of population.

Ireland's growth in broadband penetration is exceptional. Last week's report from the OECD shows that we have the strongest per capita subscriber growth in the OECD, with Ireland adding 6.6 subscribers per 100 inhabitants during the past year, far ahead of the OECD average of 3.65 per 100 inhabitants. It might be noted that the OECD assessment understates Ireland's competitive position as regards broadband access due to the larger size of households in Ireland.

Question No. 55 answered with QuestionNo. 45.
Question No. 56 answered with QuestionNo. 35.
Question No. 57 answered with QuestionNo. 38.

Proposed Legislation.

Joanna Tuffy

Question:

58 Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the position regarding the Broadcasting Bill; when it will be published; if he is in favour of maintaining the RTÉ authority; if this is no longer the case, the reasoning for same; and if he will make a statement on the matter. [28974/07]

The draft general scheme of the Broadcasting Bill was submitted to the Joint Oireachtas Committee on Communications, Marine and Natural Resources in September 2006 for the purposes of public consultation under the eConsultation initiative. The Joint Oireachtas Committee published its conclusions on the draft general scheme in April 2007.

It is proposed to publish the consequent Broadcasting Bill in early 2008 having considered the Joint Oireachtas Committee's conclusions on the outcome of the eConsultation process, with a view to ensuring the appropriate regulatory and organisational structures for the growth and development of public service, commercial and community broadcasting in Ireland.

Housing Grants.

Olwyn Enright

Question:

59 Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources his views on a national programme of home insulation, to protect older and more vulnerable people from the effects of cold weather; if there are plans to introduce such a scheme; and if he will make a statement on the matter. [26185/07]

The Government is committed to tackling fuel poverty and one of the principal means of doing so is to improve the energy efficiency of homes belonging to those on lower incomes. My Department provides funding to Sustainable Energy Ireland for its Warmer Homes Scheme, which provides insulation and other energy efficiency improvements at little or no cost to low income homes across Ireland.

My colleague, John Gormley T.D., Minister for the Environment, Heritage and Local Government, introduced a new Housing Aid for Older People Scheme on 1st November. This scheme will include energy efficiency measures such as insulation, provision of central heating and repair or replacement of windows and doors. These works will greatly improve the energy efficiency of the homes supported under the scheme.

The residential sector generally offers much potential for energy efficiency savings, particularly in terms of the generally poorer insulation standards of older housing stock. The Programme for Government commits to the introduction of a domestic insulation scheme. Officials from my Department, in consultation with Sustainable Energy Ireland, are developing options in this regard for my consideration, with a view to the implementation of an appropriate scheme to meet the commitment in the Programme for Government.

I published a draft National Energy Efficiency Action Plan for public consultation on 3rd October and in that draft Plan I have identified a range of actions that Government may use to improve the energy efficiency of the residential sector. The overall aim of the Action Plan is to achieve energy efficiency savings across the economy of at least 20% by 2020.

Question No. 60 answered with QuestionNo. 47.

Decentralisation Programme.

Michael Creed

Question:

61 Deputy Michael Creed asked the Tánaiste and Minister for Finance the amount of office space rented by his Department at each of its decentralised locations; the costs per annum involved; the anticipated additional space required to complete the decentralisation programme; the arrangements in place to procure this additional office space; and if he will make a statement on the matter. [29119/07]

The following two premises have been leased to provide accommodation for an advance party of approximately 250 staff, relocated in two phases during 2005 and 2006 to Portlaoise. These premises will be surrendered on the delivery of a dedicated Department of Agriculture, Fisheries and Food Headquarters in Portlaoise.

Eircom Building, Knockmay Industrial Estate Portlaoise

1,325 sq. m approx

€191,000 per annum

Grattan Business Centre Dublin Road Portlaoise

1,480 sq. m. approx

€264,640 per annum

Details of the office accommodation provided in Clonakilty for an advance party of 45 Sea Fisheries staff pending construction of the dedicated office are as follows:

West Cork Technology Park Clonakilty

870 sq. m. approx

€118,910 per annum

The Commissioners expect to complete the lease of a further three premises in Portlaoise by the end of this year comprising:

The provision of office accommodation (approximately 405 sq. m) for a further 35 advance party;

The provision of a mixed office (approximately 267 sq. m) for an advance party of 10 staff and combined warehouse facility (approximately 1,032 sq. m)

The provision of approximately 930 sq. m. of file-storage space.

Finally, the Commissioners of Public Works are examining various premises with a view of providing office accommodation for a further 115 staff, which the Department wishes to relocate, as an advance party, to Portlaoise before the end of 2008.

Tax Code.

Ciaran Lynch

Question:

62 Deputy Ciarán Lynch asked the Tánaiste and Minister for Finance if he will take cognisance of the adverse effect of the poor summer weather on the cider production industry when considering an increase in excise duty on alcohol; his views on existing and potential employment and the importance of apple growing as a farm enterprise; and if he will make a statement on the matter. [29020/07]

I have noted the issues raised by the Deputy. It is a long-standing practice of the Minister for Finance not to comment in advance of the Budget on any tax or expenditure matters that might be the subject of Budget decisions.

Noise Pollution.

Tony Gregory

Question:

63 Deputy Tony Gregory asked the Tánaiste and Minister for Finance if he will request the Office of Public Works to detail the restrictions it imposes on concert promoters regarding noise levels in the Phoenix Park, Dublin 7 in view of the fact that the location is close to a densely residential area; if this location will be reviewed; and if he will make a statement on the matter. [29035/07]

A licence is required from the relevant local authority for any event attracting an audience capacity of more than 5,000. Dublin City Council was the licensing authority for the recent series of concerts in the Phoenix Park and laid down the noise level standards to be adhered to. Dublin city Council also monitored the noise levels but no breaches were detected during the concerts.

The upcoming concert series will have an audience capacity of less than 5,000 per concert and therefore will not require a licence. Nevertheless the Office of Public Works will apply the same level of noise restrictions and conditions as were applied by Dublin City Council for the recent larger events. The venue for this concert series will be at a different location in the Phoenix Park for environmental reasons.

Ministerial Travel.

Liz McManus

Question:

64 Deputy Liz McManus asked the Tánaiste and Minister for Finance the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29046/07]

I have travelled by air, on official business, on four occasions, once in each of the months July, September, October and November. Each of these trips was on Government Aircraft the cost of which is met by the Department of Defence. The Minister of State has travelled by air, on official business on two occasions, once in July and once in October at a cost of about €1600.00.

EU Directives.

Lucinda Creighton

Question:

65 Deputy Lucinda Creighton asked the Tánaiste and Minister for Finance if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the European Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29064/07]

I am not the subject of enforcement proceedings for the non-transposition of EU directives into Irish Law. There are no Reasoned Opinions relating to the transposition of EU directives being dealt with by Department Officials.

Tax Code.

Richard Bruton

Question:

66 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if his Department has assessed the impact of the ending of fuel rebates on certain transport activities; and if he will make a statement on the matter. [29094/07]

Thomas P. Broughan

Question:

68 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance if he has removed the refund of excise duty on fuel used in passenger transport services apparently due to the EU energy tax directive; the reason the private passenger transport sector alleges it was not informed of the change before setting fares and contract charges for 2008; and the action he will take on the matter. [29146/07]

I propose to take Questions Nos. 66 and 68 together.

The Deputies may recall that I have answered Parliamentary Questions on this issue over the past year, including on 4 July 2007. The 2003 EU Energy Tax Directive incorporated special derogations which allowed specific excise duty reliefs to be applied in a number of Member States. In the Irish context, these derogations allowed for reduced rates to apply to fuel used for public transport services which includes school transport services.

While these derogations expired on 31 December 2006, Ireland, along with other Member States, sought retention of its derogations beyond that date. However the European Commission, who are the deciding authority, have to date refused all such requests. The Commission maintain that, in keeping with the EU Energy Tax Directive, Member States must apply at least the EU minimum rates of excise on fuels in such circumstances and that any further favourable excise treatment is not allowable. In this regard the Commission's decision was published to its website in March 2007. At the Commission's behest my officials have indicated that Ireland will avail of the forthcoming Finance Bill to make the necessary legislative changes to conform with the Directive.

In the circumstances, the relevant line Departments who have primary responsibility in this regard are, in conjunction with my Department, exploring alternative non-tax support mechanisms that could be put in place where appropriate to maintain the assistance currently being provided, subject of course to compatibility with EU State Aid requirements. In the interim the reduced rates applicable to fuel used will be maintained.

Disabled Drivers.

Michael Creed

Question:

67 Deputy Michael Creed asked the Tánaiste and Minister for Finance the categories of persons entitled to a refund of vehicle registration tax by virtue of disability; the application process involved; and if he will make a statement on the matter. [29122/07]

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

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

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

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

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

(d)be without one or both legs;

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

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

The Senior Medical Officer (SMO) for the relevant local Health Service executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dún Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual.

Question No. 68 answered with QuestionNo. 66.

Tax Collection.

Bernard J. Durkan

Question:

69 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance if a P21 will issue in the case of persons (details supplied) in County Kildare for the year ending 31 December 2006; and if he will make a statement on the matter. [29201/07]

I have been advised by the Revenue Commissioners that they have no record of receiving a request from the taxpayers for forms P21 for the year 2006. On receipt of the Deputy's query, the Revenue Commissioners processed reviews and resultant forms P21 2006 will issue to the taxpayers in the coming days.

Health Services.

Niall Collins

Question:

70 Deputy Niall Collins asked the Minister for Health and Children the reason an application by a person (details supplied) in County Limerick was refused. [29096/07]

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.

Departmental Reports.

Áine Brady

Question:

71 Deputy Áine Brady asked the Minister for Health and Children when her Department and the Health Service Executive will publish the Indecon report; and if she will make a statement on the matter. [29117/07]

The report referred to by the Deputy was published by the Health Service Executive on Tuesday 13 November 2007.

Child Care Services.

P. J. Sheehan

Question:

72 Deputy P. J. Sheehan asked the Minister for Health and Children if she will make a statement on the concerns of a person (details supplied) in Dublin 10 in relation to the community child care subvention scheme. [29169/07]

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.

With the closure of the EOCP in December 2007, to continue to support community childcare services to provide affordable childcare to disadvantaged parents, the Community Childcare Subvention Scheme (CCSS) is being introduced from January 2008 under the Exchequer funded National Childcare Investment Programme 2006-2010 (NCIP), the successor programme to the EOCP. The CCSS has been allocated €153 million over the next 3 years, representing a 16% increase in funding over the EOCP staffing scheme, and will continue to support community childcare services to provide reduced childcare fees for disadvantaged parents, complementing the universal supports in place for all parents. Under the new scheme, it will be possible to ensure that the level of grant aid which individual services qualify for will reflect the actual level of service they provide and the profile of the parents benefiting from their service. As part of their application for funding under the new scheme, services will be required to ask parents using their services to complete a simple declaration form which will be included in a return to my Office and on which basis the level of subvention for each service will be determined. The subvention received by services will, in turn, 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) or parents in receipt of Family Income Supplement (FIS), will see a weekly subvention in respect of their child. A higher subvention 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 for subvention 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 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. Existing EOCP staffing grant recipients who enter the new scheme will continue to be funded at their current levels until July 2008. My Office has engaged in a series of meetings with existing grant recipients to outline to them the details of the new scheme and to gather feedback from the services themselves. A meeting with representatives of the City and County Childcare Committees has also taken place.

Transitional arrangements have been made under which existing grant recipients will continue to be funded at their current levels until 1 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. As signalled when I announced the new scheme in July this year, the transitional period between now and 1 July 2008 will also be used to monitor and review the impact it will have on individual groups, on the basis of the more detailed and comprehensive data which has been received from applicants this month. If appropriate, adjustments necessary to the scheme to secure the best outcomes for childcare services and for disadvantaged parents and their children will be considered on the basis of this data and well in advance of the commencement of the new funding levels in July 2008.

Cancer Screening Programme.

Jan O'Sullivan

Question:

73 Deputy Jan O’Sullivan asked the Minister for Health and Children if she is satisfied that the National Cancer Screening Service Board has been validly constituted having regard to the fact that the order made by her on 14 December 2006 provided that the board would be established from 1 January 2007, but members of the board were not appointed until 31 January 2007; if she is further satisfied that it is possible to establish a corporate body without any membership on its establishment day; and if she will make a statement on the matter. [29016/07]

The National Cancer Screening Service Board (Establishment) Order, 2006 was signed by me on 14 December 2006 and came into effect on 1 January 2007. The Order provides that the quorum for a meeting of the Board is five members. Five members of the Board were appointed with effect from 1 January 2007 and the remaining seven members of the Board were appointed on 31 January 2007.

Services for People with Disabilities.

Ciaran Lynch

Question:

74 Deputy Ciarán Lynch asked the Minister for Health and Children the number of assessments that have been requested under part two of the Disability Act 2005 since it became law on 1 June 2007; the number of assessment reports that have been completed; if complaints have been lodged regarding assessment reports; the measures that have been implemented to raise public awareness of the right to an assessment under the Act; and if she will make a statement on the matter. [29021/07]

Part 2 of the Disability Act 2005 provides people with disabilities with an entitlement to:

An independent assessment of health and education needs

A statement of the services (Service Statement) which it is proposed to provide, which will be prepared by a Liaison Officer

Pursue a complaint through the HSE complaints process if necessary

Make an appeal to the independent Disability Appeals Officer against a finding or recommendation of a complaints officer's report or against the non-implementation by the HSE or education service provider of a recommendation of a complaints officer

Part 2 of the Disability Act 2005 has commenced for children aged under 5 years with effect from 1st June 2007. 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.

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.

Hospital Services.

Jack Wall

Question:

75 Deputy Jack Wall asked the Minister for Health and Children when a bed will be made available for a person (details supplied) in County Kildare in Beaumont Hospital; and if she will make a statement on the matter. [29022/07]

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.

National Treatment Purchase Fund.

Jack Wall

Question:

76 Deputy Jack Wall asked the Minister for Health and Children if a person (details supplied) in County Kildare qualifies under the national purchase scheme for a hip operation; if so, the procedure they must follow to have the appointment made; and if she will make a statement on the matter. [29024/07]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Nursing Homes Repayment Scheme.

M. J. Nolan

Question:

77 Deputy M. J. Nolan asked the Minister for Health and Children when a person (details supplied) in County Carlow will receive a refund for nursing home subvention; and the reason for the delay in applicants receiving refunds from this scheme. [29028/07]

I take it the question refers to a repayment under the Health Repayment Scheme. 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.

Departmental Reports.

Mary O'Rourke

Question:

78 Deputy Mary O’Rourke asked the Minister for Health and Children if the Health Service Executive has concluded its McElwee report; when it will be presented to her; when it will be made public; and if she will make a statement on the matter. [29029/07]

Following disclosures from An Garda Síochána that the then Midland Health Board had been informed about the incident concerning Mr. Niall McElwee, I asked the HSE to investigate the incident and report to me. The HSE have informed my office that the inquiry is being conducted thoroughly and expeditiously and while the report has not been completed the HSE understand full cooperation has been received by those carrying out the inquiry. The HSE have already stated that findings from the inquiry will be made public subject to any legal restrictions.

Ministerial Travel.

Liz McManus

Question:

79 Deputy Liz McManus asked the Minister for Health and Children the cost and frequency of travel per month since the beginning of the new Government by her and her Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if she will make a statement on the matter. [29048/07]

Since the formation of the new Government, my Department paid €318 in respect of air travel for Minister of State, Deputy Pat the Cope Gallagher, who travelled to Athens in October to attend an International Health Conference. In addition, I travelled by Government aircraft twice in both September and October and once in November. Also, Minister of State Deputy Pat the Cope Gallagher and Minister of State Deputy Máire Hoctor each travelled once by Government aircraft in September and November, respectively. The cost of this travel is borne by the Department of Defence. No payments were made by my Department in respect of travel by bus or rail by Ministers.

Hospitals Building Programme.

Charlie O'Connor

Question:

80 Deputy Charlie O’Connor asked the Minister for Health and Children if her attention has been drawn to the widely held view that the chosen location for the proposed new children’s hospital at the Mater is a cramped and inaccessible site; if she will confirm that she will now have the decision reviewed; and if she will make a statement on the matter. [29054/07]

Charlie O'Connor

Question:

87 Deputy Charlie O’Connor asked the Minister for Health and Children if her attention has been drawn to statements circulating in Tallaght that the children’s hospital in Tallaght is to close; the position regarding the whole issue; and if she will make a statement on the matter. [29150/07]

I propose to take Questions Nos. 80 and 87 together.

I have no plans to review the decision to locate the new National Paediatric Hospital on a site to be made available at the Mater Hospital, Dublin. On 31st October last, the Health Service Executive announced the details of the High Level Framework Brief for the new hospital. The Brief was prepared by Rawlinson Kelly & Whittlestone Ltd (RKW), an established UK-based health care planning company. The content of the report was also informed by the views of a range of international experts, including architectural, clinical and nursing experts. The Brief sets out the recommended model of care, the core services to be delivered at the new hospital, and the additional range of services to be provided outside of the main hospital through an Ambulatory/Urgent Care Service. The Brief will help to inform the work of the National Paediatric Hospital Development Board in planning, designing, building and equipping the new hospital.

The Brief includes a detailed assessment of the capacity of the Mater Hospital site to accommodate the space requirements of the new hospital, and a maternity hospital, to meet expected demand up to the year 2021. The analysis indicates that all the requirements can be accommodated on the site, and still allow expansion capacity beyond the year 2021. The analysis found that the site offers a development area of 140,000 square metres. The overall space requirement for core services at the new hospital is 90,000 square metres. When ancillary services including Education, Training, Research, Medical Genetics and Parents Accommodation are included, the total requirement is 103,600 square metres. There is also sufficient space to comfortably accommodate a new maternity hospital on-site. The total projected bed requirement for the hospital to the year 2021 ranges from 352 to 454 beds. The estimated space requirements for the hospital have been calculated based on the upper range of bed numbers.

The Brief includes provision for all in-patients to be accommodated in single en-suite rooms, allows for the provision of on-site accommodation for parents and families, and allows for education, training and research facilities to be developed on-site. The Hospital will be at the centre of a national paediatric network, linked to regional and local hospitals, and to primary and community care services, through outreach, telemedicine, joint appointments and staff rotation. A network of Ambulatory and Urgent Care Centres (A/UCCs) will be established, to be operated by the new hospital. The first of these will be developed at Tallaght.

I am aware of the concerns relating to the future of the National Children's Hospital in Tallaght in the context of the development of the National Paediatric Hospital. It should be noted that currently the vast majority of children attending the National Children's Hospital Emergency Department do not require admission, and will continue to access their care at the new Ambulatory and Urgent Care Centre which is to be developed at Tallaght. RKW estimated in the report that, when the first A/UCC is developed at Tallaght, it will cater for approximately 48,000 Emergency Department attendances, 9,000 day cases, and 58,000 outpatient attendances. Clearly this projected level of activity would change depending on the number and location of any additional A/UCCs.

EU Directives.

Lucinda Creighton

Question:

81 Deputy Lucinda Creighton asked the Minister for Health and Children if she is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if she has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if she will make a statement on the matter. [29066/07]

My Department is not currently in receipt of Reasoned Opinions from the European Commission in respect of any Directives awaiting transposition. My Department has received a Letter of Formal Notice in respect of Directive 2007/1/EC (amending Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex II thereof to technical progress). This Directive is expected to be transposed in the coming weeks.

Health Service Staff.

M. J. Nolan

Question:

82 Deputy M. J. Nolan asked the Minister for Health and Children if she will ensure that nurses who are retiring from the drugs treatment programme in the Health Service Executive Dublin SW — mid-Leinster area will be replaced in view of the work they are doing in the area of drug rehabilitation; and if she will make a statement on the matter. [29072/07]

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 arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Paul Kehoe

Question:

83 Deputy Paul Kehoe asked the Minister for Health and Children when the Health Service Executive will make the payment to a service (details supplied) in County Wexford in order that the sustaining progress increases due to staff from December 2006 and July 2007 can be awarded; and if she will make a statement on the matter. [29074/07]

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.

Ambulance Service.

Liz McManus

Question:

84 Deputy Liz McManus asked the Minister for Health and Children if she will clarify the refuelling arrangements for ambulances based at Loughlinstown ambulance station; if she will confirm changes in refuelling arrangements which limit ambulances to a service station that closes at 10 p.m. some evenings instead of the previous arrangement whereby ambulances could refuel on a 24 hour basis; her views on whether ambulances on night duty need access to a service station and that this is an unacceptable situation in relation to refuelling ambulances; if her attention has been drawn to the fact that these ambulances cover a wide area around north Wicklow and south Dublin; and if she will make a statement on the matter. [29115/07]

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.

Drug Abuse.

Billy Timmins

Question:

85 Deputy Billy Timmins asked the Minister for Health and Children the number of people who have died from the use of cocaine and ecstasy tablets each year from 2006 to date in 2007; and if she will make a statement on the matter. [29127/07]

The information which the Deputy has sought on the number of people who have died from the use of cocaine and ecstasy tablets in 2006 and to date in 2007 is not available. The General Mortality Register, the main source of information on drug–related deaths prior to the establishment of the National Drug Related Deaths Index in 2005, shows that there were 9 cocaine-only deaths in 2004 — the latest year for which data is available. The Coroner's Service is dealing with a backlog of inquests many of which go back to 2004. The coding system used in the General Mortality Register to classify cocaine-related deaths does not allow one to extract deaths where cocaine is combined with other drugs, therefore the above figure is an underestimate of cocaine-related deaths. In relation to ecstasy-related deaths, there is no individual code in the General Mortality Register to identify ecstasy-related deaths.

The statistics in the General Mortality Register are collected by the Central Statistics Office which measures — as it is required to do — direct drug-related deaths based on an international classification system. It does not have a reliable measure of deaths which are indirectly related to drug use and so does not provide the full picture of drug-related deaths. For example a death through an infectious disease contracted through drug use may not feature in the General Mortality Register as drug-related. To remedy these limitations, the Department of Health and Children and the Department of Justice, Equality and Law Reform jointly asked the Health Research Board to establish a National Drug-Related Deaths Index.

This index was established to comply with Action 67 of ‘Building on Experience: National Drug Strategy 2001-2008'. The index is a census of drug and alcohol-related deaths and deaths among substance users in Ireland which is one of the European Monitoring Centre for Drugs and Drug Addiction's (EMCDDA) key indicators to measure the consequences of the drug situation. The data for the Index is drawn from a number of sources including the General Mortality Register; the Coroner's Service; the Hospital In-patient Enquiry (HIPE); and the Central Treatment List.

A committee, co-chaired by the two above-mentioned Departments, provides general and technical advice on the development of the index. The index will produce its first report in September 2008. The index will ascertain the exact contribution of each type of illicit drug to deaths in Ireland.

Hospital Charges.

Róisín Shortall

Question:

86 Deputy Róisín Shortall asked the Minister for Health and Children, further to Parliamentary Question No. 80 of 27 September 2007, the reason a formal reply has not been issued by the Health Service Executive; and if she will now furnish a reply to the question. [29136/07]

Officials of my Department have been informed by the HSE that a reply issued to the Deputy on 16 October 2007 in relation to this matter. The Mater Misericordiae University Hospital reviewed the bill in question and the patient was subsequently billed for the appropriate Statutory Charge which was duly paid.

Question No. 87 answered with QuestionNo. 80.

Hospital Services.

Charlie O'Connor

Question:

88 Deputy Charlie O’Connor asked the Minister for Health and Children if she will give assurances to cancer patients in the Tallaght Hospital catchment area regarding services following the recent announcements by the Health Service Executive in respect of those cancer services; the position regarding same; and if she will make a statement on the matter. [29151/07]

The recent decisions of the HSE to designate four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. Professor Keane, interim Director of the Programme, is due to take up his post next week. The HSE has advised that meetings and discussions are already underway with the eight designated centres and with those centres currently providing cancer services (including Tallaght Hospital) which will not form part of the future managed cancer control networks. These discussions have focused on identifying the capacity issues for the eight designated centres so that a detailed transitional plan can be put in place to facilitate the progressive, gradual and carefully managed transfer of services over the course of the next two years.

Departmental Expenditure.

James Reilly

Question:

89 Deputy James Reilly asked the Minister for Health and Children if her Department provides funds to the Irish Patients’ Association; and if she will make a statement on the matter. [29154/07]

The Irish Patients' Association is a voluntary, independent organisation which advocates issues relating to quality, safety and patients' rights within the healthcare system. The Association plays a significant and useful role in representing the concerns and needs of patients. The recent ‘Clean Hospital Summit', the second in two years, is an excellent example of a successful Irish Patients' Association initiative. The Health Service Executive provided funding of €87,205 to the Irish Patients' Association this year.

Health Services.

Bernard Allen

Question:

90 Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork who has a long history of hearing problems and who has been provided for many years with an external hearing aid has been told that despite the fact that they find it impossible to wear the external hearing aid due to discomfort and severe pain they are not entitled to an internal hearing aid which would allow them to use it on a more regular basis. [29161/07]

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.

Pharmacy Regulations.

Michael Ring

Question:

91 Deputy Michael Ring asked the Minister for Health and Children if, in view of recent difficulties between the Health Service Executive and the pharmacies, meetings or negotiations have taken place between her Department and the Irish Pharmaceutical Union; the meetings that have taken place; and the plans she has to meet this sector or if there is a mediation process that can be put in place to try and progress the discussions between her Department and the pharmacies. [29168/07]

As the Health Service Executive (HSE) has operational responsibility, under the Health Act 2004, for the management and delivery of health and personal social services no direct meetings have taken place between my Department and the Irish Pharmaceutical Union (IPU) on the matters referred to by the Deputy.

To address concerns expressed by the IPU, on behalf of community pharmacists, about the implications of recent legal advice on competition law on their right to negotiate fees through the Union, a process of dialogue was established, chaired by Bill Shipsey SC, to explore ways in which concerns raised by the IPU about the implications of this legal advice might be addressed. Despite suspension of this process during the recent withdrawal by individual pharmacists of methadone services, there has recently been renewed engagement between the Irish Pharmaceutical Union and the HSE under the auspices of Mr. Shipsey.

Hospital Waiting Lists.

Bernard Allen

Question:

92 Deputy Bernard Allen asked the Minister for Health and Children when a person (details supplied) in County Cork will receive an appointment. [29170/07]

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.

Hospital Staff.

Olwyn Enright

Question:

93 Deputy Olwyn Enright asked the Minister for Health and Children the number of people employed in each section or unit including administration, human resources and management in hospitals (details supplied); the grade at which each person is employed; the number of permanent, part time and temporary staff working at each hospital; and if she will make a statement on the matter. [29171/07]

Almost 130,000 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.

Hospital Services.

Ned O'Keeffe

Question:

94 Deputy Edward O’Keeffe asked the Minister for Health and Children if a person (details supplied) in County Cork will be allocated a bed in an orthopaedic hospital. [29176/07]

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.

Care of the Elderly.

Seymour Crawford

Question:

95 Deputy Seymour Crawford asked the Minister for Health and Children the number of beds that were available on a hospital basis in 1997 within the public health service; the number in 2007; the number of public beds available for the care of the elderly in 1997; the number at present; if she is satisfied that sufficient progress has been made taking into account the increased number of aged people needing care; and if she will make a statement on the matter. [29177/07]

The 1997 Survey on Long Stay Activity Statistics published by the Department records that there were 20,890 long stay beds in 1997 (10,179 public, 3,779 voluntary and 6,932 private). The report also provides a summary of individual long stay units. The corresponding total for 2005 was 21,478 long stay beds (7,699 public, 3,429 voluntary and 10,350 private). This data should be interpreted in the context of the survey response rates which vary from year to year (86.6% response rate for 1997 and 80% for 2005). The average number of available acute in patient beds (including day places) for 1997 was 11,731. This has increased to over 13,340 in 2005. Based on a total bed complement (including inpatient and day places) the provisional total for 2006 is 13,771. A copy of the relevant statistical reports has been posted directly to the Deputy. The Health Service Executive (HSE) has advised the Department that there are currently over 10,000 HSE public beds in residential care centres for older people nationally.

While the main emphasis will continue to be on providing supports that help older people to remain in their own homes for as long as possible, additional long-stay residential places will be required in the coming years to meet the needs of an ageing population. Last year, the HSE, in conjunction with Prospectus, undertook a Needs Assessment of bed capacity requirements in the areas of long-stay, dementia specific and respite care beds. This report was submitted to the Department of Health and Children in September 2006. While the report indicates a small national surplus of long-stay beds, it also notes that this surplus masks the uneven distribution of beds between and within regions. In particular, HSE Dublin North east and HSE South have an immediate requirement for additional beds. This shortage is being addressed by the Executive.

I have asked the Parliamentary Affairs Division of the Health Service Executive to respond directly to the Deputy with information in respect of the number of beds available on a hospital basis for 1997 and 2007 within the public service as soon as it is available.

Health Services.

Ned O'Keeffe

Question:

96 Deputy Edward O’Keeffe asked the Minister for Health and Children if a person (details supplied) in County Cork will be provided with assistance. [29179/07]

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.

Ministerial Travel.

Liz McManus

Question:

97 Deputy Liz McManus asked the Minister for Transport the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29051/07]

In relation to the Deputy's question, I have not engaged in any such travel since the formation of the new Government. There is no Minister of State in my Department.

EU Directives.

Lucinda Creighton

Question:

98 Deputy Lucinda Creighton asked the Minister for Transport if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29069/07]

Ireland is the subject of enforcement proceedings in respect of 2 directives which fall under the remit of the Department of Transport. These are directive 2004/36/CE of 21 April 2004 on the safety of third-country aircraft using Community Airports, and directive 84/5/EEC of 30 December 1983 relating to insurance against civil liability in respect of the use of motor vehicles.

In addition we have received one reasoned opinion from the Commission in respect of directive 2003/59/EC of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. I wish to assure the Deputy that I am committed to ensuring that Ireland is fully compliant with European Law.

Road Safety.

Fergus O'Dowd

Question:

99 Deputy Fergus O’Dowd asked the Minister for Transport if a vehicle ADR inspection centre will be provided in the north-eastern area to facilitate vehicles based in Counties Louth, Meath, Cavan and Monaghan; and if he will make a statement on the matter. [29075/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) this is a matter for the Road Safety Authority.

Road Network.

Lucinda Creighton

Question:

100 Deputy Lucinda Creighton asked the Minister for Transport the reports, plans or correspondence his Department has that refers to a proposed eastern bypass; the correspondence he has had with Dublin City Council on this issue; and if he will make a statement on the matter. [29076/07]

As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The implementation of individual national road projects, such as the proposed Eastern Bypass Route, is a matter for the National Roads Authority (NRA), and the local authorities concerned, under the relevant sections of the Roads Act, 1993.

Two reports were commissioned by the NRA in 2000 and 2002 on the feasibility of constructing the Eastern Bypass, copies of both reports were forwarded to my Department at the time. The output of these reports consisted of a constraints study and preliminary cost and traffic reports. The NRA subsequently engaged consulting engineers to update these two studies by undertaking a further engineering and feasibility study of the Bypass. This study examines possible route options, forecasts traffic demand and reports on scheme costs for the various options examined. It has recently been completed and a copy was provided to my Department in the past week.

It was indicated at the launch of Transport 21 that feasibility study work would be undertaken on this route. However, implementation of the project is not included in the Transport 21 financial envelope. There has been no correspondence on this issue between myself, or my Department and Dublin City Council.

Joe McHugh

Question:

101 Deputy Joe McHugh asked the Minister for Transport the negotiations that have taken place in relation to identifying the priority route between Strabane and Dublin; the plans in place to introduce ideas from both sides of the Border; and if he will make a statement on the matter. [29082/07]

A meeting of the North South Ministerial Council (Transport Sector) took place on 14th September 2007. The Council discussed and agreed the necessary steps to progress the A5 road project which will provide dual carriageway standard on the route within Northern Ireland serving the North West Gateway. The Council agreed to the formation by October 2007 of a management structure for the A5 project comprising a Cross Border Steering Group, Technical Group and a dedicated Roads Service Project Team to evaluate and monitor progress as required, and the early appointment of consultants to enable a route corridor study of the A5 project to commence. The Cross Border Steering Group met in October and the Technical Group was established. Work is proceeding in connection with the appointment of consultants to carry out the route corridor study.

Public Transport.

Billy Timmins

Question:

102 Deputy Billy Timmins asked the Minister for Transport if approval was sought from his Department by Bus Éireann for an hourly service to Tullow, County Carlow; and if he will make a statement on the matter. [29126/07]

The provision of public bus services by Bus Éireann on specific routes to serve particular areas is an operational matter for the company. I can confirm that my Department received a notification from Bus Eireann for a service from Tullow to Dublin. Section 25 (1) of the Transport Act 1958 provides that the consent of the Minister for Transport is required where State companies wish to introduce or alter a passenger road service where such service would compete with a licensed passenger road service provided by a private bus operator. In accordance with section 25 (2), the decision made by the Minister under section 25 (1) is final.

My Department concluded that in this instance the proposed service would compete with an existing service licensed by a private operator in accordance with the Road Transport Act 1932. Therefore, on 30 April 2007 my Department informed Bus Éireann that should they wish to pursue the introduction of this proposed service, the Company would be required to submit an application under Section 25 of the Road Transport Act, 1958. To date no application in accordance with Section 25 of the Road Transport Act, 1958 has been received from Bus Éireann in respect of the proposed service.

Tax Code.

Thomas P. Broughan

Question:

103 Deputy Thomas P. Broughan asked the Minister for Transport the alternative support measures being put in place by his Department and the Government to support the private passenger transport sector following the apparent removal by the Department of Finance of the refund of excise duty on fuel used in passenger transport services; the reason the private passenger transport sector alleges it was not informed of the change before setting fares and contracts for 2008; and the actions he will take to remedy the situation. [29147/07]

I refer the Deputy to the Minister for Finance's reply to Dail Questions Nos. 106 & 107 which he answered on Wednesday last 14th November.

Road Safety.

Thomas P. Broughan

Question:

104 Deputy Thomas P. Broughan asked the Minister for Transport the role he envisages for the Health and Safety Authority in the inspection of road works, signage and road traffic conditions generally and in view of the large number of fatalities and injuries during the early morning rush hour to work. [29148/07]

The role of the Health and Safety Authority is that provided for in the Health, Safety and Welfare at Work Act 2005 as interpreted by the Courts. The Act provides primarily for the safety of workers in the workplace. The involvement of the Health and Safety Authority in the matters referred to by the Deputy is currently the subject of proceedings in the High Court.

Passport Applications.

Billy Timmins

Question:

105 Deputy Billy Timmins asked the Minister for Foreign Affairs the position in relation to a person (details supplied) in County Kildare; if in view of the circumstances he will give the necessary information to secure their number by telephone; and if he will make a statement on the matter. [29019/07]

The person in question has received the necessary information via facsimile transmission, by arrangement with the Consulate General in Sydney. His new passport has also been sent to him in Queensland. It is the policy of the Passport Office not to divulge any passport details by telephone, in order to safeguard the privacy and prevent fraudulent misrepresentation of passport holders. The difficulties encountered by the individual in question highlight the necessity for people travelling abroad to keep their passports safe and secure. That said, the Department and our Embassies and Consulates are always ready to help out citizens in every way possible, and I know this is widely appreciated.

Ministerial Travel.

Liz McManus

Question:

106 Deputy Liz McManus asked the Minister for Foreign Affairs the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29047/07]

The table below provides the relevant details of the air travel undertaken by myself and the Ministers of State at my Department since June 2007. No travel expenses were incurred as a result of bus or rail travel in the period. As the Deputy may be aware, the cost of the Government Jet is charged to the Vote of the Department of Defence.

Minister for Foreign Affairs Dermot Ahern T.D.

Number of Trips

Month

Cost of Air Travel

2

June ’07

Government Jet

1

July ’07

Government Jet

3

September ’07

Government Jet

4

October ’07

Government Jet

2

November ’07

Government Jet

Minister of State Dick Roche T.D.

Number of Trips

Month

Cost of Air Travel

1

June ’07

Government Jet

1

July ’07

€378.71

1

September ’07

€2,856.79

1

September ’07

Government Jet

1

November ’07

€1,131.12

Minister of State Michael Kitt T.D.

Number of Trips

Month

Cost of Air Travel

1

July ’07

€6,053

EU Directives.

Lucinda Creighton

Question:

107 Deputy Lucinda Creighton asked the Minister for Foreign Affairs if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29065/07]

As I stated in my reply to a similar question by the Deputy on 6th November 2007, my Department does not as a rule have responsibility for transposing EU Directives into Irish law. Currently, there are no EU Directives awaiting incorporation into Irish law in my Department.

However, in the context of the Department of Foreign Affairs' overall coordinating role in relation to EU matters, it is the current practice that letters from the Commission, including those transmitting Reasoned Opinions, are addressed in the first instance to me as Minister for Foreign Affairs via the Permanent Representation in Brussels. My Department transmits all such letters to the Department which is responsible for the transposition of the measure concerned.

Ministerial Travel.

Liz McManus

Question:

108 Deputy Liz McManus asked the Minister for Enterprise, Trade and Employment the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29044/07]

The details requested by the Deputy are provided in the tables. The tables show the cost incurred by my Department each month, from 14 June 2007 to 13 November 2007, in respect of travel undertaken by me and by the Ministers of State at my Department using the modes of transport specified by the Deputy. The frequency of travel under each of the categories of transport is also provided.

The tables do not include travel using the Government jet, the costs of which are borne by the Department of Defence, travel organised and paid for by the development agencies under the aegis of my Department, or travel organised and paid for by international bodies. I will arrange for data in this respect to be supplied to the Deputy but it has not been possible to compile the information in the time available.

Minister Micheál Martin

Month

Bus

Rail

Air

Cost

Frequency

Cost

Frequency

Cost

Frequency

June 2007

0.00

0

0.00

0

0.00

0

July 2007

0.00

0

0.00

0

76.46

2

August 2007

0.00

0

0.00

0

0.00

0

September 2007

0.00

0

0.00

0

63.49

1

October 2007

0.00

0

0.00

0

0.00

0

November 2007

0.00

0

0.00

0

0.00

0

Totals

0.00

0

0.00

0

137.95

3

Minister of State Michael Ahern

Month

Bus

Rail

Air

Cost

Frequency

Cost

Frequency

Cost

Frequency

June 2007

0.00

0

0.00

0

0.00

0

July 2007

0.00

0

56.50

1

0.00

0

August 2007

0.00

0

0.00

0

0.00

0

September 2007

0.00

0

0.00

0

110.00

1

October 2007

0.00

0

0.00

0

5,519.31

3

November 2007

0.00

0

0.00

0

0.00

0

Totals

0.00

0

56.50

1

5,629.31

4

Minister of State Billy Kelleher

Month

Bus

Rail

Air

Cost

Frequency

Cost

Frequency

Cost

Frequency

June 2007

0.00

0

0.00

0

0.00

0

July 2007

0.00

0

0.00

0

198.85

1

August 2007

0.00

0

0.00

0

0.00

0

September 2007

0.00

0

0.00

0

0.00

0

October 2007

0.00

0

0.00

0

0.00

0

November 2007

0.00

0

0.00

0

0.00

0

Totals

0.00

0

0.00

0

198.85

1

Minister of State John McGuinness

Month

Bus

Rail

Air

Cost

Frequency

Cost

Frequency

Cost

Frequency

June 2007

0.00

0

0.00

0

0.00

0

July 2007

0.00

0

0.00

0

0.00

0

August 2007

0.00

0

0.00

0

0.00

0

September 2007

0.00

0

0.00

0

0.00

0

October 2007

0.00

0

0.00

0

0.00

0

November 2007

0.00

0

0.00

0

0.00

0

Totals

0.00

0

0.00

0

0.00

0

EU Directives.

Lucinda Creighton

Question:

109 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Employment if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29062/07]

The Department of Enterprise, Trade and Employment has currently one active infringement of non-transposition of Directives. A Letter of Formal Notice was received from the European Commission for Directive 2006/139/EC (relating to arsenic) on 2 August 2007. However this Directive was transposed on 9 November 2007. The Commission has been notified and is expected to terminate infringement proceedings in due course. There are no outstanding Reasoned Opinions for non-transposition of Directives.

There are, however, two outstanding Reasoned Opinions for wrongly transposing a Directive (Directive 92/100/EC, on Public Lending Rights) and failure to fully implement a Directive (96/82/EC on the control of major-accident hazards involving dangerous substances). The Commission is expected to halt infringement proceedings for both these Directives once the outstanding issues are fully addressed by the end of December 2007.

Educational Projects.

Denis Naughten

Question:

110 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment if he or the Minister of State with responsibility for Innovation will facilitate a request for a meeting by an organisation (details supplied); and if he will make a statement on the matter. [29071/07]

I understand that the organisation in question has been in contact with my colleague the Minister for Innovation Policy seeking a meeting regarding funding for the development of a degree year for the Higher Certificate in Workplace and Community Studies. I should state that I and the Ministers for State at my Department are always open to meeting people and organisations where we can provide useful responses and constructive input to the subject matter.

In this case, I understand that a reply has issued to the organisation involved that it would be more useful if the proposal for the development of a degree programme were raised directly with my colleague the Minister for Education and Science.

Work Permits.

Bernard J. Durkan

Question:

111 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment the number of applications received in his Department for work permits in the 12 months to date; the extent to which this compares with the previous 12 month period; and if he will make a statement on the matter. [29200/07]

The Employments Permits Section of my Department have informed me that the following are the figures for valid permit applications received in the last two years:

Time Frame

Applications Received

November 11th 2006 to November 11th 2007

26,568

November 11th 2005 to November 10th 2006

27,888

Ministerial Travel.

Liz McManus

Question:

112 Deputy Liz McManus asked the Minister for Arts, Sport and Tourism the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29039/07]

The table provides details of travel by bus, rail and air undertaken by me since taking up office as Minister for Arts, Sport and Tourism in June of this year:

Destination

Date

Cost

Visit to Department’s decentralised offices in Killarney, Co. Kerry

19 July 2007

€107.79

Attending World Travel Market in London

13 November 2007

N/A (Government jet)

From 30 September to 4 October, Mr. Sean Power, T.D., Minister of State at the Department of Justice, Equality and Law Reform represented the Government at the Special Olympics World Games in Shanghai, China as I was unable to attend. The cost to my Department was €3,124.27.

EU Directives.

Lucinda Creighton

Question:

113 Deputy Lucinda Creighton asked the Minister for Arts, Sport and Tourism if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29057/07]

There are no EU Directives currently awaiting incorporation by my Department.

Social Welfare Code.

Róisín Shortall

Question:

114 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the statutory basis for the cohabitation rule in respect of the one parent family payment; and if the abolition of this rule can be achieved through secondary legislation only. [29017/07]

Section 175 of the Social Welfare Consolidation Act 2005 provides that a qualified parent for the purposes of the one parent family payment, shall not, if and so long as they and any other person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of the one parent family payment. Any amendment to this provision would require primary legislation.

Under the proposed new income support payment for lone parents and other low income families outlined in the Government discussion paper "Proposals for Supporting Lone Parents," the cohabitation rule would not apply. Both couples and lone parents with young children would be eligible to apply for the payment.

Ministerial Travel.

Liz McManus

Question:

115 Deputy Liz McManus asked the Minister for Social and Family Affairs the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29050/07]

Since the formation of the new Government I have made use of the Ministerial Air Transport Service (MATS) on one occasion in October 2007. No further travel costs have been incurred as I have made use of the official Ministerial car to attend all other engagements. There is no Minister of State assigned to my Department.

Pension Provisions.

Róisín Shortall

Question:

116 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of pensions held that are integrated with the State pension; and the safeguards in place to protect the interests of pension holders. [29073/07]

Although there are no statistics available in relation to the number of pensions that operate on an integrated basis, it is generally accepted that the system applies in the vast majority of defined benefit schemes. There were 1,411 defined benefit schemes registered with the Pensions Board at the end of 2006.

The manner in which integration is implemented can vary, but the most common method is by what is known as "salary offset". This means that the employer will regard the social welfare pension as providing pension rights in relation to part of the salary. Notional adjustments are made to salary that take account of this to arrive at the "pensionable salary," on which both employer and employee contributions to the occupational schemes are often based. When the pension is paid, the combination of the occupational scheme and the social welfare payment is intended to provide the retirement income as provided for under the scheme.

Under legislation, integration may only take place at the point when an occupational pension is first paid. Legislation does not permit reductions to be made to occupational pensions in payment to take account of subsequent increases in the social welfare pension. The legislation also provides for a minimum level of benefit to be paid from an occupational scheme based on the total contributions made by the employee to that scheme.

Róisín Shortall

Question:

117 Deputy Róisín Shortall asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 383 of 23 October 2007, his views on introducing controls and restrictions around the scheme whereby his Department forwards correspondence to pension scheme members and other persons to ensure that the interests of the State are protected in view of the fact that at least one large pension scheme has opted to contact all deferred members through this process, regardless of whether a valid address is on file for the pension scheme member. [29138/07]

As I explained in my previous reply, my Department was approached by third parties to assist them in contacting individuals who could not be contacted at the address held in their name on the third parties' records. My Department has consistently maintained that it should be a last port of call in overcoming problems with contacting individuals and has engaged with third parties to the scheme accordingly. In general, third parties have respected this principle and safeguards applied to date have been appropriate.

The Department is aware of anecdotal evidence suggesting that one company may be attempting to contact individuals regardless of whether or not it holds accurate contact details. The company in question has already been reminded of the purpose of the scheme and advised as to more restrictive safeguards that may be put in place to ensure that no such widespread abuse of the scheme can take place. To date, the scheme has operated well and has been of great benefit to individuals. My department is of the view that it should not be unduly restricted due to the inappropriate action of a participant. As previously advised, the situation will be kept under review.

Social Welfare Benefits.

Michael Ring

Question:

118 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo did not receive the full amount of arrears which they were due; and when they will receive the balance of these arrears. [29172/07]

This person was awarded a State Pension Non-Contributory from 8 October 2004. In January 2007, the Department was notified by the UK Department of Social Security that he qualified for a British Retirement Pension with effect from 21 June 2004. His entitlement to State Pension Non-Contributory for the period 8 October 2004 to 4 January 2007 was therefore reviewed and an overpayment arising from the overlap of State Pension Non-Contributory and British Retirement Pension was assessed at €2387.50. This amount was due to be refunded to the Department from the arrears of British Retirement Pension.

The total amount of British Retirement Pension arrears was €5380.28, and following deduction of the overpayment of €2387.50 State Pension Non-Contributory, left a balance of €2992.78 due to be paid. A cheque for this amount, representing the balance of arrears due in this case issued to him. On the 19th October a letter issued regarding the arrears due to this person, unfortunately the gross arrears was quoted. No reference was made to the overpayment of State Pension Non-Contributory and the net amount was not stated. I regret any misunderstanding which arose as a result.

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the reason the habitual residency clause is being used to exclude a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29218/07]

All applicants regardless of nationality are from 1 May 2004 required to be habitually resident in the State in order to qualify for Supplementary Welfare Allowance, child benefit and certain social welfare assistance payments. The Eastern Area of the Health Service Executive has advised that the person concerned was refused supplementary welfare allowance on the grounds that he is not habitually resident in the country. Any applicant who disagrees with the decision of a Community Welfare Officer has the right to appeal to the Social Welfare Appeals Office.

The person concerned has also applied for Illness Benefit. However, there is no record of any Irish contributions made by him or of a work permit which would allow him to work in Ireland. In the absence of an Irish contribution record, an Illness Benefit claim would fall to be dealt with by the authorities in Romania.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the correct rent support payable in the case of a person (details supplied) in County Kildare who has three children and who is in arrears with rent; and if he will make a statement on the matter. [29221/07]

The Health Service Executive has advised that it is awaiting documentation from the person concerned so that it can make a decision on any entitlement to rent supplement. It has further advised that it will inform the person concerned of its decision on the matter in writing in due course. The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive.

Social Welfare Code.

Róisín Shortall

Question:

121 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the action his Department has taken on each of the recommendations relating to his Department contained in his Department’s internal report The Operation of the Habitual Residence Condition, July 2006. [29222/07]

Róisín Shortall

Question:

122 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the reason there is no arrangement whereby the interests of Irish citizens are safeguarded vis-à-vis the operation of the habitual residence rule including reasons that may relate to EU law; the details of other EU jurisdictions that are applying this rule to their own citizens or disregarding the rule in relation to their own citizens; and the number of Irish citizens who have to date been refused social welfare payments under this rule with a breakdown by the number of children and the number of adults. [29224/07]

I propose to take Questions Nos. 121 and 122 together.

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.

These grounds are now specified in Section 30 of the Social Welfare and Pensions Act 2007 (see full details of legislative provisions in the note which follows). 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 more detail in the scheme areas.

For the period from 1 May 2004 to 31 October 2007, the number of applications decided in respect of Irish citizens was 15,788, of which 1,629 (10%) were disallowed. Of the total disallowed, 13 were in respect of applications for Child Benefit. Records are not maintained in respect of the number of child dependants involved in claims for assistance which are not awarded. 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 legislation and guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a Deciding Officer or a Community Welfare Officer has the right to appeal to the Social Welfare Appeals Office.

EU legislation prohibits discrimination between nationals of EU Member States in the context of freedom of movement of workers and their access to social security or social assistance entitlements. Therefore national legislation must not differentiate between Irish nationals and other EU nationals in the application of the habitual residence legislation. However, Irish nationals returning to live here on a permanent basis should experience no difficulty in meeting the requirements of the Habitual Residence Condition. Amongst the factors governing a decision in this matter are an assessment of the claimant's main centre of interest and future intentions as it appears from all the circumstances.

My Department does not have (and does not require to have for its business purposes) information on the application of similar rules in other EU Member States. Such information would not be easily obtained as it would require a detailed examination of

whether other legislation that uses the term "habitual residence" (e.g. UK) contains similar or different provisions

whether other Member States' legislation or administrative practice regarding the granting of (e.g.) residence permits and, in some States at least, the restricting of assistance payments to such residence permits results in similar effects.

the relevance of transitional arrangements for migration between the older and newer Member States where these still apply.

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 Operation of the Habitual Residence Condition (HRC)

An Internal Review by the Department of Social and Family Affairs (DSFA)

Summary of Recommendations and latest position on same

Devolution

1.Devolution of decision-making should be completed as early as possible taking into account the needs for expanded guidelines and training. (Para 3.3)

Present Position

HRC decisions have been devolved to the relevant scheme owners in respect of the following schemes: Child Benefit, State Pension (Non-Contributory), Widow's Non-Contributory Pension, Blind Pension,Widow's or Widower's (Non-Contributory) Pension, Guardian's Payment (Non-Contributory), Carer's Allowance and Disability Allowance. HRC Decisions on complex cases involving claims for Jobseeker's Allowance and One Parent Family Payment are currently completed in HRC Central Unit in Dublin.

Guidelines

2.The guidelines should be expanded to deal with the application of HRC to certain groups, e.g. asylum seekers, refugees, work permit holders and spouses of workers. (See Para 3.2)

3.The application of the relevant guidelines should be reviewed in the light of the experience of Community Welfare Officers. (Para 2.5)

4.Further consideration should be given to the requirements of Articles 41 and 43 of the European Code of Social Security in relation to the Child Benefit entitlements of families who are in employment or self-employment and to incorporating any necessary clarification in the guidelines. (Para 5.2.1)

Present Position

Revised guidelines for claims decisions staff in both DSFA and the Health Services Executive (HSE) on the application of HRC to various categories of claimants — including those mentioned above — are currently nearing completion in consultation with management in the various scheme areas. In relation to No. 4, the relevant clarification was incorporated in the Child Benefit Guidelines in December 2006.

Procedures and Training

5.Procedures should be kept continually under review and improved wherever appropriate. (Para 4.7)

6.Comprehensive training should be provided to the Department's staff and CWOs on the basis of the expanded guidelines. (See Paras 3.6.7, 4.3 and 4.8)

7.A joint briefing should be devised for DSFA and Department of Enterprise, Trade and Employment staff in relation to HRC, the visa permit system and general immigration policy. (Para 3.6.7)

Present Position

On completion of the revised HRC guidelines, arrangements will be made to deliver training and/or briefings as appropriate to trainer staff within relevant organisations such as the Department of Enterprise, Trade and Employment and the Health Service Executive (HSE), in addition to staff within the Department of Social and Family Affairs (DSFA).

Liaison

8.Liaison should be strengthened between the Department of Social and Family Affairs and the Health Service Executive to maintain the level of consistency in decision making. (Para 3.6.2)

9.For statistical purposes, PPS Numbers should be used by the Reception Integration Agency, and data should be shared with this Department. (Para 2.12) It is also recommended that in all cases the customer's PPS Number should be included in the Garda National Immigration Bureau database. (Para 3.6.3)

10.A link should be formalised between the Department of Justice, Equality and Law Reform (D/JELR) and the Department of Social and Family Affairs, as the conditions of grant of residence in Irish Born Child cases are a cross-departmental issue. (Para 3.6.5)

11.To assist and ensure consistency in the decision making process, the current nature and status of the GNIB stamp should be clearly set out including specific reference to the fact that the person cannot become a burden on the State if applicable. (Para 4.6)

12.The basis of continued disallowance of cases, especially holders of a stamp 3 needs to be reviewed in consultation with D/JELR in the light of the proposed Bill. (Para 5.3.3)

Present Position

Liaison with the Health Service Executive in relation to HRC is effected through a dedicated area within DSFA dealing with policy matters in relation to the Supplementary Welfare Allowance Scheme. Liaison and consultation on the other matters in question is ongoing with officials in other relevant organisations (e.g. Department of Justice, Equality and Law Reform) in the task of revising the HRC guidelines and addressing the issues mentioned here. This inter-agency communication will continue to inform the manner in which these recommendations are addressed. It has been agreed that the revised decisions guidelines will contain full details of the conditions which attach to each of the GNIB "stamps" applicable to residence permits.

Customer service

13.Forms and information leaflets relating to the HRC should be made available in other languages. (Para 3.6.1)

14.EEA Nationals who have paid PRSI contributions while working in Ireland should be advised of their possible entitlement to social insurance benefits if they become involuntarily unemployed or sick, and also of their possible entitlement to Supplementary Welfare Allowance. Posters should be displayed in Social Welfare Local Offices to inform customers of these provisions. (Para 4.4.)

Present Position

The SW4 Guide to Social Welfare Services booklet which contains information on social insurance coverage and other welfare entitlements is currently available on-line on the department's website www.welfare.ie in a variety of languages including English, Arabic, Chinese, French, Polish, Portuguese, Romanian, Russian and Spanish. Similar arrangements are underway in regard to the department's information leaflet SW108 on the Habitual Residence Condition

Legislation

15.Consideration should be given to reflecting the criteria set down in the ECJ case law in the relevant provisions of the legislation in the interests of clarity and legal certainty. (Para 4.5)

Present Position

Section 246 of the Social Welfare Consolidation Act 2005, provides that:

"it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date."

Section 30 of the Social Welfare and Pensions Act 2007 added the following to the above — and thereby has now included the ECJ criteria in regard to HRC into national legislation:

"(4) Notwithstanding the presumption in subsection (1), a deciding officer or the Executive, when determining whether a person is habitually resident in the State, shall take into consideration all the circumstances of the case including, in particular, the following:

(a)the length and continuity of residence in the State or in any other particular country;

(b)the length and purpose of any absence from the State;

(c)the nature and pattern of the person's employment;

(d)the person's main centre of interest, and

(e)the future intentions of the person concerned as they appear from all the circumstances."

Ministerial Travel.

Liz McManus

Question:

123 Deputy Liz McManus asked the Minister for Community, Rural and Gaeltacht Affairs the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29041/07]

The cost of all official travel is paid out of monies provided by the Oireachtas and approved in the Estimates process. Details of proposed expenditure under this subhead were given at the relevant Estimates meeting of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs. It is expected that the expenditure under the subhead in question will fall within the approved budget.

The information sought by the Deputy in relation to the cost and frequency per month of official travel by means of bus, rail or air transport is set out in the Tables. It may be noted that in relation to certain trips the cost does not fall to be met from within my Department's Vote.

Cost and frequency per month of official travel by means of bus, rail or air transport by Minister/Minister of State* at the Department of Community, Rural and Gaeltacht Affairs

Minister Éamon Ó Cuív, T.D.

Month ending

Bus Cost

Train Cost

Air Cost

31.7.07

3 internal return flights (€135 in total) 1 external return flight (Air Corps — cost n/a)

31.8.07

30.9.07

1 internal return flight (€83) 1 internal return flight (Air Corps — cost n/a)

31.10.07

1 external return flight (€3,407) 1 internal return flight (Air Corps — cost n/a)

30.11.07 to date

Minister of State Pat Carey,T.D.

Month ending

Bus Cost

Train Cost

Air Cost

31.7.07

31.8.07

1 external return flight (€3,780)

30.9.07

1 internal return flight (€167)

31.10.07

30.11.07 to date

* Any relevant details in relation to Minister of State Conor Lenihan, T.D., to be provided by the Department of Justice, Equality and Law Reform.

EU Directives.

Lucinda Creighton

Question:

124 Deputy Lucinda Creighton asked the Minister for Community, Rural and Gaeltacht Affairs if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29059/07]

As outlined in my response to Question No. 300 of 6 November 2007, there are no EU directives awaiting incorporation into Irish Law by my Department. I am not, therefore, the subject of enforcement proceedings for the non-transposition of EU directives into Irish law and have not received any reasoned opinions from the EU Commission on the transportation of directives.

Grant Payments.

Pat Breen

Question:

125 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the reason an application for transfer of single payment entitlements have been refused for a person (details supplied) in County Clare; and if she will make a statement on the matter. [29025/07]

An application for the Transfer of Entitlements without land under the 2007 Single Payment Scheme to the first named person was submitted on the 3rd April 2007. The Regulations governing the Transfer of Entitlements allow Single payments entitlements to be transferred without land only if the transferor has used at least 80% of his/her entitlements in one calendar year. A person uses entitlements by submitting one hectare of land per entitlement on their Single Payment Scheme application form. This application for the Transfer of Entitlements from the second person named to the first person named was rejected, as the second person named did not use 80% of his entitlements in 2005. A formal letter outlining this decision issued to the persons named on the 30th October 2007.

Ministerial Travel.

Liz McManus

Question:

126 Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food the cost and frequency of travel per month since the beginning of the new Government by her and her Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if she will make a statement on the matter. [29038/07]

The relevant information is presently being collated and will be passed to the Deputy as soon as possible.

EU Directives.

Lucinda Creighton

Question:

127 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food if she is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if she has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if she will make a statement on the matter. [29056/07]

My Department currently has responsibility for the transposition of a large number of Directives into national law, none of which is the subject of enforcement proceedings for non-transposition. One Directive, on the Quality of Shellfish Waters, has been the subject of infringement proceedings. Responsibility for this Directive and the associated functions transferred to my Department on 19 October 2007 pending their further transfer to the Department of Environment, Heritage and Local Government. The European Court of Justice issued a judgement in infringement proceedings in this case on 14 June 2007.

Since that date this case has progressed satisfactorily with the decision by the Government in July 2007 to select criteria to designate an estimated additional 54 marine sites for water quality protection and improvement. Work is ongoing towards full transposition and no further action has been taken by the Commission since the judgement was received.

Grant Payments.

Paul Connaughton

Question:

128 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if there are grants available to construct forestry roadways through plantations; the level of grant available; if the parcel of land that is committed to planting can be claimed for area aid and REP scheme; and if she will make a statement on the matter. [29085/07]

The Forest Service of my Department provides grant aid for the construction of both development and harvesting roads, on the basis that the road construction is compatible with the code of best Forest Practice and Forest Service environmental guidelines. Grants of up to 80% of the cost incurred in the construction of a forest road are available subject to a maximum of €45 per linear meter. Neither the land used in the construction of roading, nor any land planted under the afforestation schemes, nor any existing commercial forestry are eligible for REPS payments.

However, under my Department's Forestry Environment Protection Scheme (FEPS) there are grants and premiums available to farmers to combine the establishment of high nature-value woodland with participation in REPS on the remainder of their farms. Under the FEPS scheme farmers can qualify for a special ‘top-up' premium which is payable for a five-year period over and above the usual afforestation premium. This additional premium is roughly equivalent to the REPS payment, which is otherwise foregone on the parcel of land planted.

In relation to the Single Payment Scheme, land that is used for forestry may not be declared as forage on the Area Aid application. However, farmers who plant lands under an approved Department scheme may apply to consolidate (stack) their Single Payment Entitlements where the land being planted was used by the applicant during the reference years 2000 — 2002 to establish their Single Payment Entitlements and provided they fulfil the Terms and Conditions for consolidation.

Willie Penrose

Question:

129 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if she will take steps to have an application in relation to single farm payment by a person (details supplied) in County Westmeath awarded as all matter pertaining to the inheritance of this farm has been clarified; and if she will make a statement on the matter. [29088/07]

An application for the Transfer of Entitlements under the 2007 Single Payment Scheme to the person named was submitted on the 26th of April 2007. During processing of the Transfer application it was necessary for an official of my Department to write to the person named requesting specific legal documentation. The requested documentation was received and the application is now fully processed. Payment in respect of 15.03 National Reserve entitlements and 28.07 standard entitlements transferred to the person named by way of inheritance will issue shortly.

Fishing Industry Development.

Michael Creed

Question:

130 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when the State aid programme for restructuring of the fishing fleet will be available to applicants; and if she will make a statement on the matter. [29118/07]

I have now received the approval from the EU commission of Ireland's State application restructuring thefishing fleet. This restructuring programme will permanently remove some 35% of the Irish Whitefish Fleet from the sea and is an integral part of the Government's Cawley strategy to develop a restructured, profitable and sustainable seafood industry. I met with Fisheries Commissioner Borg last month and explained to him the urgency of getting his early approval of the scheme. I am glad to say that he has now responded favourably to my request. This substantial scheme will bring the Irish fleet into balance with sustainable available fishing opportunities. I am planning to launch the scheme as early as possible.

Animal Welfare.

Michael Creed

Question:

131 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the grant aid available to the pig sector to comply with new pig welfare regulations; and if she is satisfied that grant aid will be available to all those in the industry to meet their requirements under these regulations. [29120/07]

Grant-aid is available to the pig sector for the improvement of animal welfare standards in sow housing under the Sow Housing (Animal Welfare) Scheme which was introduced by my Department in July 2007. An allocation of €6 million has been made available for the Scheme under the current Rural Development Programme and 35 applications have to date been received by my Department. The Scheme will be suspended when the funding allocated to this measure has been committed.

Domestic Abattoirs.

Seymour Crawford

Question:

132 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the number of licensed butchers’ slaughter houses on a county basis in 1997; the number at present; her views on the rights of the independent butchers to have their own slaughter houses; and if she will make a statement on the matter. [29174/07]

According to my Department's records, there were 426 approved local abattoirs in 1997. The Local Authority Veterinary Service (LAVS), reporting to the Food Safety Authority of Ireland, is now responsible for such abattoirs and I understand that there are 189 abattoirs approved by the LAVS under new EU regulations collectively known as the Hygiene Package, which came into operation on 1 January 2006. The breakdown by county for both years is provided in the table.

The Hygiene Package set out updated requirements regarding hygiene and safety assurance for food business operators (FBOs), including butchers, involved in production and placing on the market of foods of animal origin. The Hygiene Package was transposed into Irish domestic law by the European Communities (Food and Feed Hygiene) Regulations, (S.I. No. 910 of 2005). With the exception of retail activity, food of animal origin may only be placed on the market from establishments that have been approved according to the requirements of these regulations. It is a matter for FBOs concerned to satisfy a registering authority that they comply with the requirements of the Hygiene Regulations.

Breakdown of local authority abattoirs by year and county, 1997-2007

County

1997

2007

Cavan

17

12

Carlow

5

2

Clare

16

6

Cork

60

28

Donegal

18

7

Dublin

4

2

Galway

30

9

Kerry

26

19

Kildare

10

1

Kilkenny

12

4

Laois

13

9

Leitrim

14

7

Limerick

20

10

Longford

7

4

Louth

6

1

Mayo

29

0

Meath

13

3

Monaghan

9

3

Offaly

7

5

Roscommon

14

9

Sligo

5

2

Tipperary

34

23

Waterford

9

3

Westmeath

23

14

Wexford

15

2

Wicklow

10

4

Total

426

189

School Transport.

Billy Timmins

Question:

133 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to the use of safety belts for all school going children using school transport; if this has been fully implemented; and if she will make a statement on the matter. [29018/07]

All nominated buses operating within the school transport scheme are fitted with safety belts and all pupils travelling on these vehicles are obliged by law to wear the belts provided. My Department launched a safety campaign at the end of August which highlighted the fact that it is the law to wear a safety belt and children were encouraged to "belt up" whilst travelling on the school bus.

Bus Éireann also visited Agricultural Shows throughout the summer with a new school bus promoting safety, including the wearing of safety belts. Bus Éireann also issued a circular to parents of children travelling on school transport, inviting their co-operation, and that of their children, to help make the school transport journey as safe and comfortable as possible. The circular emphasises the importance of safety, the consequences of misbehaviour and the disciplinary measures which may be necessary.

Higher Education Grants.

Joanna Tuffy

Question:

134 Deputy Joanna Tuffy asked the Minister for Education and Science if her attention has been drawn to a section in the new programme for Government 2007, under the heading Improved Opportunities in Further and Higher Education which states that more students will be enabled to qualify for the top-up grant; the way she envisages same being brought about; and if she will make a statement on the matter. [29026/07]

I am pleased to be able to inform the Deputy that I secured approval for a 10% increase in the standard rate of student grant with effect from September 2007. This very substantial increase, at twice the rate of inflation, will benefit over 56,000 students who receive a maintenance grant to attend higher and further education. In addition, over 13,200 students are expected to benefit from a more substantial increase, of over 14%, for the Special Rate of Maintenance Grant, with the maximum rate for 2007/08 increasing to €6,690.

Financial barriers have long been recognised as a major disincentive for many students who wish to access third level education. The significant increase in the ordinary rate of maintenance grant, at twice the level of inflation, will make the third level option more affordable for a broad range of students and their families. In line with the commitment under the new Programme for Government, in approving an even higher increase in the Special Rate of Maintenance Grant, I am further targeting financial support at those most in need to encourage access to further and higher education for everyone.

This Government's continued commitment to supporting high rates of participation in third level education, at all levels of society, will ensure that Ireland continues to attract and maintain investment in high quality jobs and that the fruits of the economy can be enjoyed by all.

Vocational Training Opportunities Scheme.

Tony Gregory

Question:

135 Deputy Tony Gregory asked the Minister for Education and Science her views on whether a meal allowance of €4 per week is adequate for vocational training opportunities scheme participants in the VEC; if she will arrange to have the meal and travel allowance for VTOS participants reviewed; and if she will make a statement on the matter. [29034/07]

The Vocational Training Opportunities Scheme (VTOS) is a second — chance education initiative, which is funded by my Department, for unemployed persons who are at least 21 years of age and in receipt of certain social welfare payments for at least six months. It is operated through the Vocational Education Committees. The aim of the Scheme is to give unemployed people education and training opportunities which will develop and prepare them to go into paid employment, or on to further education opportunities leading to paid employment.

A training allowance is paid by the VECs to students who previously drew unemployment benefit or assistance. The student ceases to receive an unemployment payment and, instead, receives a VTOS training allowance at a rate equivalent to the maximum rate of unemployment benefit, plus a payment for an adult or child dependant, if appropriate. VTOS students also retain their social welfare secondary benefits.

The allowances for VTOS students for meals and travel referred to in the question are equivalent to these paid to participants on FÁS training courses. VTOS students may be entitled to a travel allowance if they reside more than 3 miles from a centre. These allowances are increased periodically in line with increases in FÁS rates. The current rates are in operation since 2002. There are no plans to increase them in the near future.

Ministerial Travel.

Liz McManus

Question:

136 Deputy Liz McManus asked the Minister for Education and Science the cost and frequency of travel per month since the beginning of the new Government by her and her Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if she will make a statement on the matter. [29043/07]

The table contains a breakdown of the monthly expenditure on travel incurred by the Minister and Ministers of State since the formation of the new Government. The costs for the Minister for Education and Science include the recent visit to new Zealand where she accompanied the President.

Monthly Expenditure on Travel since the formation of the new Government on the 14th June 2007

Name of Minister/Minister of State

Month

Cost of Air Travel

Cost of Mileage

Monthly Total

Minister Mary Hanafin

July 2007

54.50

0.00

54.50

Minister Mary Hanafin

September 2007

276.48

0.00

276.48

Minister Mary Hanafin

October 2007

10,201.89

0.00

10,201.89

Total to date for Minister Hanafin

10,532.87

0.00

10,532.87

Minister of State Seán Haughey

May 2007

337.55

337.55

Minister of State Seán Haughey

June 2007

1,541.14

1,541.14

Minister of State Seán Haughey

July 2007

1,730.98

1,730.98

Minister of State Seán Haughey

September 2007

58.49

433.20

491.69

Minister of State Seán Haughey

October 2007

344.50

1730.98

2,075.48

Total to date for Minister Haughey

402.99

5,773.85

6,176.84

Cumulative Total To Date

10,935.86

5773.85

16,709.71

EU Directives.

Lucinda Creighton

Question:

137 Deputy Lucinda Creighton asked the Minister for Education and Science if she is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if she has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if she will make a statement on the matter. [29061/07]

A reasoned opinion has been issued by the European Commission relating to the transposition of EU Directive 2006/100 of 20 November 2006 in relation to mutual recognition of qualifications on the accession of Bulgaria and Romania.

Council Directive 2006/100 of 20 November 2006 was published on 20 December 2006 in the EU Journal. It sets out the titles of certain qualifications in respect of regulated professions in Bulgaria and Romania which should be included in the regime under the EU Directives on Recognition of Professional Qualifications with effect from accession on 1 January 2007. The effect of this proposal is to provide for automatic recognition of the sectoral qualifications (doctors, specialist doctors, nurses responsible for general care, dentists, midwives, veterinary surgeons, pharmacists and architects) which are listed for Romania and Bulgaria, and to provide that the general system regime will apply for the other professions on a case by case basis with effect from 1 January 2007.

The Department of Education and Science has national co-ordination responsibility for the EU Directives on professional qualifications. It has issued the Directive to all relevant Government Departments and Competent Authorities instructing them to apply Directive 2006/100 and the EU Directives on Mutual Recognition of Qualifications to all eligible applicants with effect from 1 January 2007. The Directive is being applied on an administrative basis from that date.

The transposition of the Directive has been integrated into the overall task of transposing 2005/36 into Irish law, due for transposition by 20 October 2007. To do otherwise would have made the process unnecessarily complex, given that 2 different regimes are applicable in the period in question and the limited timescale involved. The overall objective of 2005/36 is to provide a single consolidated framework for the application of the Directive conditions. My Department is transposing provisions for the General System covering the remaining professions.

A draft Statutory Instrument for the transposition of the general system under the Directive is undergoing final review and it is hoped that it will be completed in early December. In the meantime, the conditions are being applied by the relevant competent authorities on an administrative basis. The transposition regime undertaken for 2005/36/EC includes provision for automatic recognition of the sectoral qualifications listed for Romania and Bulgaria, which are included in Directive 2006/100/EC.

Adult Education.

Denis Naughten

Question:

138 Deputy Denis Naughten asked the Minister for Education and Science if she or the Minister of State with responsibility for adult education will facilitate a request for a meeting by an organisation (details supplied); and if she will make a statement on the matter. [29070/07]

The organisation referred to by the Deputy has written to my Department and a reply will issue shortly.

Schools Building Projects.

Michael Ring

Question:

139 Deputy Michael Ring asked the Minister for Education and Science when written approval will be given to schools (details supplied) in County Mayo to issue tender documents in view of the fact that this matter has been ongoing for some time. [29077/07]

Michael Ring

Question:

140 Deputy Michael Ring asked the Minister for Education and Science when building is expected to commence on a purpose built building to accommodate two existing schools (detail supplied) in County Mayo in view of the fact that it was deemed as high priority by her Department. [29078/07]

I propose to take Questions Nos. 139 and 140 together.

I understand that the tender documentation for the project referred to by the Deputy is nearing completion. 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.

Third Level Courses.

Aengus Ó Snodaigh

Question:

141 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if her attention has been drawn to the fact that UCD has cancelled the 2008 part-time evening degree of bachelor of arts course, which has implications for those students currently on these courses, in particular students who are part of the access to arts and human sciences certificate course in the UCD Adult Education Centre; if she was informed of the reason behind this decision; if she has been or will be in contact with the president of UCD to ask him to re-examine the situation; and if she will make a statement on the matter. [29083/07]

The universities are autonomous institutions and my Department does not have any function in their day to day operational affairs. The universities receive a block grant from the Higher Education Authority and it is a matter for each institution to determine the programmes it runs.

Aengus Ó Snodaigh

Question:

142 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the amount of State funding UCD receives annually; the amount of that funding intended for evening courses and access to education courses; the amount that is allocated; if funds are made available from other sources for evening and access to education courses; and if she will make a statement on the matter. [29084/07]

Funding of recurrent grants to universities is provided through the Higher Education Authority. The Authority has advised that the amount of recurrent core grants funding, including fees, allocated to date for UCD in 2007 is €176.9 m. The amount allocated to UCD for 2006 was €178.3m. The universities are autonomous institutions and it is a matter for each institution to determine the internal allocation of resources. My Department does not have information on the distribution of allocations within UCD.

School Transport.

Richard Bruton

Question:

143 Deputy Richard Bruton asked the Minister for Education and Science if her attention has been drawn to the impact of the withdrawal of fuel rebates under EU directives on the viability of school transport providers; and if fresh contracts will take this into account. [29093/07]

The current fuel duty rebate scheme is a matter for the Minister for Finance and the Revenue Commissioners. I understand that in March of this year the European Commission published its decision to refuse all requests for the retention of the fuel duty rebate scheme.

My Department understands that officials from the Department of Transport are currently engaging with officials from the Department of Finance to explore the possibility of replacing the scheme, if appropriate, by alternative non-tax financial support mechanisms to achieve the same policy objectives, subject to EU State Aid requirements. My Department will liaise with both Departments regarding the outcome of these discussions.

Schools Building Projects.

Pat Breen

Question:

144 Deputy Pat Breen asked the Minister for Education and Science the position regarding an application for a new school project (details supplied) in County Clare; and if she will make a statement on the matter. [29105/07]

The tender report for the school referred to by the Deputy is under examination in my Department at present. The school's Board of Management will be kept advised of developments when the examination is complete.

Higher Education Grants.

Jack Wall

Question:

145 Deputy Jack Wall asked the Minister for Education and Science if a disability payment that a person (details supplied) in County Kildare receives is assessed as means as part of the family income in determining an application under the VEC/TLT/PLC grant scheme 2007/08; and if she will make a statement on the matter. [29106/07]

The assessment of means under my Department's 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.

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.

Road Safety Strategy.

Shane McEntee

Question:

146 Deputy Shane McEntee asked the Minister for Education and Science when guidance will be available to schools to enable them to prepare a road safety protocol as required by the Road Safety Strategy 2007 to 2012; and if she will make a statement on the matter. [29130/07]

My Department is at present working in co-operation with the Health and Safety Authority and the State Claims Agency on the development of guidelines and resources for schools on health and safety, with an initial focus on second-level schools. It is envisaged that these guidelines and resources, which will include guidance on the preparation of a road safety protocol for inclusion in the school safety statement, will be published on my Department's website early in the next school year. I believe that schools have a role to play both in teaching students about road safety issues and in helping them to develop the attitudes necessary to promote safe behaviour on the roads.

The Social Personal and Health Education (SPHE) programme, which is mandatory in primary schools and at junior cycle level, provides a framework under which the generic values and skills which underpin responsible decision-making, and respect for the rights and safety of others, can be developed and promoted among students. SPHE has a specific personal safety strand within the programme, and this provides a mechanism through which road safety issues for all can be best dealt with in an age appropriate way.

In February of this year, the Road Safety Authority launched the RSA MACE "Safe to School" campaign at primary level, which is aimed at helping primary school children learn effective road safety lessons. The campaign is about walking to school safely and as part of this initiative educational packs and DVDs have been distributed to all primary schools and a Walking to School Guide has been produced. A dedicated website, www.safetoschool.ie, has also been launched as part of the campaign.

The Streetwise programme for junior cycle pupils was launched in UN Road Safety Week on 24 April 2007. It covers road safety across 9 topics — walking, cycling, seatbelts, airbags, speed, driver fatigue, motor cycle safety, hazard recognition and the engineering aspects of road safety, to be delivered over approx. nine class periods. In addition, a Road Safety programme for Transition Year, developed by the Road Safety Authority in collaboration with my Department, the National Council for Curriculum and Assessment and the Second level Support Service is currently being piloted in schools. My Department will continue to work with the Road Safety Authority to strengthen the role of schools in promoting road safety even further.

Schools Building Projects.

Thomas P. Broughan

Question:

147 Deputy Thomas P. Broughan asked the Minister for Education and Science the reason progress on providing a permanent building for a school (details provided) in County Louth has been stalled and the responsibility for the project has not been transferred from the school planning section of her Department to the school building section; when such a transfer will take place; when construction of the school is scheduled to commence; when it is due to be completed; and if she will make a statement on the matter. [29131/07]

Thomas P. Broughan

Question:

148 Deputy Thomas P. Broughan asked the Minister for Education and Science if a school (details supplied) in County Louth will be included in the scheme to fast track the construction of schools; if not, the reason for same; and if she will make a statement on the matter. [29132/07]

I propose to take Questions Nos. 147 and 148 together.

As the Deputy will be aware, all applications for large scale capital funding are assessed against published prioritisation criteria and assigned a Band rating. Progress on individual projects is then considered in the context of the multi-annual School Building and Modernisation Programme consistent with the assigned Band rating. This is the case for the project in question.

The funding of €4.5 billion to be provided under the new National Development Plan (NDP) for investment in school building infrastructure will be adequate to meet the Department's needs over the lifetime of the plan. This will be the largest investment programme in schools in the history of the State and it will enable the Department to ensure that school places are available where needed as well as continuing to upgrade existing school facilities. This investment will allow the Department to continue the acceleration of the school building programme which commenced during the lifetime of the last NDP when well over €2.6 billion was invested on school development, delivering over 7,800 projects.

Departmental Staff.

Thomas P. Broughan

Question:

149 Deputy Thomas P. Broughan asked the Minister for Education and Science the staffing changes made in the primary school planning section in her Department in view of her plans to fast track the building of new schools primarily in the greater Dublin area; the number of personnel and their grades who have been redeployed or seconded to this scheme; if they have been seconded or redeployed from dealing with building projects that are already under way; the length of time this secondment or redeployment will last; the extent to which this will delay school construction projects already approved; and if she will make a statement on the matter. [29133/07]

As the Deputy will be aware, the Programme for Government includes a commitment to establish a Developing Areas Unit in my Department, dedicated solely to progressing school planning in rapidly developing areas, building on improvements that have already been made in recent years. I should point out that my Department's School Planning Section has been organised on a geographical basis for some time, with staff dedicated to planning for the needs of counties such as Dublin, Meath and Kildare which include rapidly developing areas. The Developing Areas Unit will consolidate this work. In advance of the full establishment of the unit, some staff have already been redeployed to focus on its priority work, including the need for extra accommodation for September 2008. Discussions are ongoing with the Department of Finance in relation to the additional staffing required to resource this new unit for its longer term work programme.

As the Deputy will be aware, all applications for large scale capital funding are assessed against published prioritisation criteria and assigned a Band rating. Progress on individual projects is then considered in the context of the multi-annual School Building and Modernisation Programme consistent with the assigned Band rating.

The funding of €4.5 billion to be provided under the new National Development Plan (NDP) for investment in school building infrastructure will be adequate to meet the Department's needs over the lifetime of the plan. This will be the largest investment programme in schools in the history of the State and it will enable the Department to ensure that school places are available where needed as well as continuing to upgrade existing school facilities. This investment will allow the Department to continue the acceleration of the school building programme which commenced during the lifetime of the last NDP when well over €2.6 billion was invested on school development, delivering over 7,800 projects.

School Enrolments.

Róisín Shortall

Question:

150 Deputy Róisín Shortall asked the Minister for Education and Science the reason the enrolment procedure for a school (details supplied) in Dublin 9 has recently been changed; the further reason parents were not notified sooner about the change in enrolment policy; if children previously enrolled will lose their place; and the provisions she is making to ensure the education of these children. [29134/07]

Enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. Schools are not required to inform my Department when changes to enrolment procedures occur. However, under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.

Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision in the relevant Vocational Educational Committee and/or to the Secretary General of my Department.

Home Tuition.

Róisín Shortall

Question:

151 Deputy Róisín Shortall asked the Minister for Education and Science, further to Parliamentary Question No. 365 of 6 November 2007, the steps she will take to ensure that a child (details supplied) in Dublin 11 attends a recognised school or otherwise receives a certain minimum education. [29135/07]

I am informed that the Board of Management of the school is expediting the recruitment process to fill the current teacher vacancies with a view to re-opening the school as soon as possible. In the interim, my Department has sanctioned 20 hours home tuition per week for the pupil referred to by the Deputy and the pupil's parents have been notified accordingly.

Schools Refurbishment.

Niall Collins

Question:

152 Deputy Niall Collins asked the Minister for Education and Science the reason a school (details supplied) in County Limerick was not successful in its 2007 summer works scheme application. [29153/07]

The school referred to by the Deputy applied under the Summer Works Scheme 2007 for the provision of a drop off area and staff car parking facilities. Within the budget available, it was not possible to allocate funding to all proposed projects. The Department considered further the application following an appeal from the school authority however the original decision was confirmed.

Special Educational Needs.

Willie Penrose

Question:

153 Deputy Willie Penrose asked the Minister for Education and Science the steps her Department is taking to provide appropriate educational facilities for a child (details supplied) in County Westmeath; if steps will be taken to expedite matters; and if she will make a statement on the matter. [29175/07]

The Deputy will be aware that the role of the National Council for Special Education (NCSE), through its network of local Special Education Needs Organisers (SENOs), includes identifying appropriate educational placements for children with special educational needs. I understand that the relevant SENO is currently liaising with the family concerned to identify a placement for their child.

The home tuition scheme provides funding to parents to facilitate the provision of education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and early education intervention for pre-school children with autism. A home tuition grant has been sanctioned for the child in question as an interim measure.

School Accommodation.

Ned O'Keeffe

Question:

154 Deputy Edward O’Keeffe asked the Minister for Education and Science if extra accommodation will be allocated for a school (details supplied) in County Cork. [29178/07]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre. My Department provides accommodation to meet the educational needs of an area on this basis.

Turning specifically to the school referred to by the Deputy, an application for an extension has been received. A re-assessment of projected enrolments, demographic trends and housing developments in the area will be required in order to assist in determining the long-term projected enrolment on which the school's long-term accommodation needs will be based. When the long-term projected enrolment has been finalised and agreed with the school authorities, the Department will draw up schedules of accommodation for the project which will be notified to the school management authority. The required project will then be considered further in the context of the multi-annual School Building and Modernisation Programme.

Schools Building Projects.

John Perry

Question:

155 Deputy John Perry asked the Minister for Education and Science if her attention has been drawn to an assessment that has been carried out in a school (details supplied) in County Sligo; if she will give direct instruction for this work to be carried out; her plans to facilitate an extra teacher at this school; and if she will make a statement on the matter. [29181/07]

An application for capital funding towards the provision of an extension for the school to which the Deputy refers has been assessed and the long-term projected staffing on which the school's future accommodation needs has been determined and notified to the school authority. The building project required is being considered in the context of the multi-annual School Building and Modernisation Programme.

Higher Education Grants.

Bernard J. Durkan

Question:

156 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent of entitlement to a higher education grant in respect of holders of stamp four residency status; and if she will make a statement on the matter. [29199/07]

My Department funds four maintenance grant schemes for third level and further education students. These are the Higher Education Grants Scheme, the Vocational Education Committees' Scholarships Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses. The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees. Under the terms of the maintenance grants scheme grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment.

The Nationality requirement as set out in the 2007 Grant schemes states:- Candidates 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.

It is the Department of Justice, Equality and Law Reform that adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. A Stamp Four does not automatically satisfy the residency requirement of the grant schemes. My Department understands a Stamp Four can be awarded to categories of applicants other than those specified in my Department's grant schemes.

Departmental Properties.

Paul Nicholas Gogarty

Question:

157 Deputy Paul Gogarty asked the Minister for Education and Science the communications that have taken place between her Department and South Dublin County Council regarding the reinstatement of the playing field at a school (details supplied) in County Dublin; if her Department has received a recent response; the further action planned to ensure that this much needed site reverts back to its original condition; and if she will make a statement on the matter. [29225/07]

My Department has agreed to dispose of a small portion of its land to South Dublin County Council to facilitate a new access road. The agreement is subject to a number of conditions including the reinstatement of the field. While improved access has now been provided, my Department has been advised that some works still remain outstanding and in this regard the matter has been raised with South Dublin County Council and a response is awaited.

Paul Nicholas Gogarty

Question:

158 Deputy Paul Gogarty asked the Minister for Education and Science if approaches have been made to her Department by a developer, asking her Department to sell the site under its ownership at a school (details supplied) in County Dublin; if her Department has not and will not dispose of this site in view of its availability as a physical education and play area and that the provision of this space was a key element in the selection of the school’s current location, that pupils currently operate from a very small play area and that the school has been trying for the last number of years to get South Dublin County Council to reinstate the much needed site back to its original state and usable condition; and if she will make a statement on the matter. [29226/07]

My Department has received a request to dispose of some lands in the area referred to by the Deputy. This land is not for sale at the present time.

Ministerial Transport.

Liz McManus

Question:

159 Deputy Liz McManus asked the Minister for Defence the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29042/07]

During the period from 14 June 2007 to date, I availed of the Ministerial Air Transport Service for official travel as follows:

Aircraft

Date

Return Date

Min. Time on Board

Route

Learjet

07/11/07

07/11/07

380 Minutes

Baldonnel-Lulea, Sweden-Baldonnel

EC 135 Helicopter

06/09/07

06/09/07

90 minutes

Baldonnel-Sarsfield Barracks-Haulbowline-Sarsfield Barracks-Baldonnel

During the same period, Minister of State, Deputy Tom Kitt availed of the MATS service for official travel as follows:

Aircraft

Date

Return Date

Min. Time on Board

Route

Gulfstream

04/09/07

06/09/07

460 Minutes

Baldonnel-Pristina-Skopje-Pristina-Baldonnel

With regard to cost, the Department of Defence follows the normal practice in the aviation business of costing aircraft by reference to the cost per flying hour under either of two headings: (a) The direct cost, i.e. the costs which are additional to those associated with having the aircraft and which only arise when the aircraft is flown including maintenance, fuel and support services; and (b) The total cost, i.e. the direct cost plus the costs associated with having the aircraft, i.e. depreciation and personnel costs

The costs associated with Air Corps aircraft used in provision of Ministerial Air Transport Service are as follows:

Aircraft

Average Direct Cost Per Hour

Average Total Cost Per Hour

Gulfstream

3,500

7,100

Learjet

1,000

2,100

EC135 Helicopter

*

*

*An hourly cost is not yet available in respect of the Air Corps EC135.

EU Directives.

Lucinda Creighton

Question:

160 Deputy Lucinda Creighton asked the Minister for Defence if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29060/07]

This question does not apply to my Department at this time.

Sexual Offences.

Thomas P. Broughan

Question:

161 Deputy Thomas P. Broughan asked the Minister for Defence if he will establish an independent public inquiry into the serious allegations of sexual abuse made in a High Court case decided on 30 July 2007 (details supplied). [29145/07]

I understand that the case referred to is still before the courts. Solicitors acting for the Plaintiff in this High Court case have recently served a Notice of Appeal to the Supreme Court in relation to the High Court judgment. It would not be appropriate for me to comment on the matter in the circumstances.

Bernard J. Durkan

Question:

162 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if unilaterally or in co-operation with his colleagues at EU level, he has examined means of protecting children from abuse through the Internet with particular reference to Internet grooming; and if he will make a statement on the matter. [29191/07]

I wish to assure the Deputy that I am actively engaged in pursuing measures to protect children from abuse through the internet with particular reference to internet grooming. The internet is an international and world-wide phenomenon with no borders and no single organisation controlling it. Measures to combat illegal materials and activities on the internet are, therefore, hampered by a multiplicity of jurisdictions, differing legal systems, and differing societal norms. Furthermore, new developments in communications technologies allowing for internet access by new means are a regular occurrence. These are largely positive developments but also bring particular challenges for those charged with protecting against the downsides of the internet.

A combination of responses, and the co-operation of all the stakeholders, at both national and international level — legislators, law enforcement, schools, child protection practitioners, parents and guardians — is essential. My Department is fully committed to playing its part in a pro-active way.

One of my first steps as Minister for Justice, Equality and Law Reform was to provide for the establishment of the Office for Internet Safety (OIS) as an executive office within my Department. Arrangements for the staffing and headquartering of the office are well advanced, and I expect the office to be fully functioning shortly. The new Office will continue to build on the work of the Internet Advisory Board which was set up in February, 2002 following the Report of the Working Group on the Illegal and Harmful use of the Internet. It will oversee and further develop the self-regulatory regime for the Irish internet service providers, encourage best practice procedures; promote awareness of the internet downside issues and provide advice and facilitate research on internet related issues regarding child safety. The OIS will also be tasked with investigating, in conjunction with the An Garda Síochána, the issue of applying blocking technology to the internet, and will consider the possibility of operating some form of symbol assignment to content as a method of rating such content as age appropriate within Ireland. The OIS will also continue to oversee the operation of the Hotline (www.hotline.ie — the system for dealing with reports of illegal content on the internet). The Hotline is funded by the Internet Service Providers' Association of Ireland with support from the EU Safer Internet Action Plan. It accepts and investigates reports from the public in relation to child pornography and other illegal material on the internet.

I recently launched two new booklets in the GET with IT! Series on behalf of the Internet Advisory Board (IAB) . The first booklet "Get with IT" A Parents Guide to new media technologies is an update on the Board's first "Get with IT" booklet which was originally published in September, 2005 and was a major success. That booklet gave an overview of new technologies for parents' in an effort to address their potential worries about the dangers of the new media for their children. The second booklet "Get with IT" A Parents' Guide to filtering technologies helps parents navigate the processes of how to use filtering technology.

In terms of legislation, in the Child Trafficking and Pornography Act, 1998, Ireland has one of the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography — films, video or material in written or auditory form including material produced or transmitted via the internet — are offences with penalties of up to 14 years' imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to 5 years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years' imprisonment.

Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 introduced an offence of meeting a child or travelling to meet a child, having "groomed" the child on at least two previous occasions, for the purpose of doing anything that would constitute the sexual exploiting of the child. The maximum penalty on conviction on indictment is imprisonment for a term not exceeding 14 years.

I am re-examining the practice of grooming children for the purpose of sexual exploitation to see if further legislation in this area is required. I am informed by the Garda Authorities that they monitor child pornography on the internet and where evidence is available action is taken in accordance with legislation. I understand that An Garda Síochána, in conjunction with its EU colleagues, is currently examining new methods of preventing the production and distribution of child pornography on the internet.

International co-operation is a vital part of the fight against child pornography on the internet, and Ireland is fully committed to playing its part. The Deputy may be aware that the European Union has taken a strong line on combating child pornography and other illegal and harmful uses of the internet. Since 1999, under the Safer Internet Action Plan, the EU has provided financial and other supports for measures in the member states to combat illegal and harmful uses of the internet, with particular emphasis on protecting children. A new EU action plan — Safer Internet Plus — covering the period 2005 to 2008, and with a budget of €45m, was agreed under the Irish presidency in June 2004 and is now in operation. My Department is represented on the management committee for the Safer Internet Plus programme.

In September 2001, the Council of Europe approved the first international Convention on Cybercrime. Ireland signed up to the Convention in June 2002. The main objective of the Convention is to foster international cooperation in protecting society against cybercrime. The Convention deals specifically with the distribution of child pornography on the internet, infringements of copyright, computer related fraud and violations of network security. The EU Framework Decision on Attacks on Information Systems of 24 February 2005 aims to strengthen criminal judicial cooperation on attacks against information systems by developing effective tools and procedures. It is proposed to give both the Convention and the Framework Decision force of law in Ireland under a single piece of legislation.

My Department is fully committed to co-operating with and promoting these measures nationally, at EU level and the wider international level.

Ministerial Travel.

Liz McManus

Question:

163 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29049/07]

I refer the Deputy to the reply to Parliamentary Question No. 245 on 7 November, 2007, which sets out my own position. The cost of commuting by rail was borne by myself. The air travel occurred in September, 2007. The Minister of State with special responsibility for Integration Policy, Mr Conor Lenihan, T.D., has travelled abroad by air on one occasion. The cost of this air travel, which took place in October, 2007, was € 3,367.91.

The Minister of State with responsibility for Equality Issues, Mr Seán Power, T.D., has used air transport to travel abroad on three occasions. One trip took place in October while the other two occurred in November. The total air travel expenditure incurred by this Department for Minister of State Power was €1,405.58. In addition, one of these trips involved the use of the Government Jet, the costs of which are not available to my Department.

EU Directives.

Lucinda Creighton

Question:

164 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29067/07]

My Department is not the subject of any enforcement proceedings for the non-transposition of EU Directives. A reasoned opinion was received from the EU Commission in relation to the transposition of the Racial Equality Directive (2000/43/EC) and my Department responded to the Commission last September. I am satisfied that this Directive has been properly transposed.

Prison Building Programme.

Sean Sherlock

Question:

165 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the position regarding the planned prison in Kilworth, County Cork; if planning permission is required before the development can go ahead; and if he will make a statement on the matter. [29087/07]

The Government decided earlier this year to assign a site owned by the Minister of Defence to the Prison Service as the location for the development of a prison facility to replace Cork Prison and serve the Munster region. The project is at an early stage.

The normal planning provisions do not apply to a prison development. However before consent to a prison development can be given, the procedures set out in Part 9 of the Planning and Development Regulations 2001 and, where appropriate, section 181A of the Planning and Development Act, 2000 (as inserted by section 36 of the Planning and Development (Strategic Infrastructure) Act, 2006) or the procedures set out in Part 4 of the Prisons Act 2007 must be followed. These procedures require public notice to be given of the proposed development and allow submissions to be made by interested parties on the development.

Deportation Orders.

Denis Naughten

Question:

166 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Roscommon is being deported; if he will review the case; and if he will make a statement on the matter. [29100/07]

The person in question entered the State on 7 September, 2006. He was not in possession of a valid entry visa for the State. He failed to register his presence in the State with the Garda National Immigration Bureau as required. On 18 April, 2007 the person in question signed a declaration consenting to the making of a deportation order in respect of himself in the presence of a member of An Garda Síochána. His case will be considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996, as amended. I expect the case to be passed to me for decision in due course.

Asylum Applications.

Denis Naughten

Question:

167 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in Dublin 6 will receive a decision on their application for leave to remain; the reason for the delay in processing this application; and if he will make a statement on the matter. [29116/07]

The person concerned arrived in the State on 28 November, 1999 and applied for asylum on 30 November, 1999. His application was refused following consideration of his case by Asylum Division and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 he was informed by letter dated 22 May, 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 were received on behalf of the person in question. On 27 March 2007 the applicant applied to return to Algeria under a programme operated by the International Organisation for Migration. However, he withdrew this application on 17 April 2007. The case in question is currently under consideration by my Department. I expect the case to be submitted to me for decision in due course.

Crime Levels.

Michael Creed

Question:

168 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform his views on introducing a regulation system to control the purchase and sale of metals in view of the high value involved in these products and the increasing crime levels involving the theft of same. [29123/07]

The Department of Enterprise, Trade and Employment is responsible for matters relating to commerce, business and the operation of efficient and competitive markets. An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery, including theft and robbery of metal.

Róisín Shortall

Question:

169 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the increase in headline crime for the past five years for Garda divisions in Dublin north, Dublin north central and Dublin west. [29137/07]

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 her.

Asylum Applications.

Brian O'Shea

Question:

170 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Waterford will be informed of the date for their oral hearing before the Refugee Appeals Tribunal; and if he will make a statement on the matter. [29152/07]

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 and 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.

Residency Permits.

Bernard J. Durkan

Question:

171 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will expedite the issue of stamp four status in the case of a person (details supplied) in County Kildare given that their representatives have provided all documentary evidence required and having particular regard to their personal circumstances; and if he will make a statement on the matter. [29202/07]

The Immigration Division of my Department has recently been in contact with the representatives of the person concerned granting her permission to remain in the State.

Bernard J. Durkan

Question:

172 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if stamp four or travel documentation will issue in the case of a person (details supplied) in County Meath who is waiting a decision under subsidiary protection rules; and if he will make a statement on the matter. [29203/07]

I refer the Deputy to Parliamentary Questions No. 147 of Thursday, 11 October 2007 and No. 957 of Wednesday, 26 September 2007 and the written replies to those Questions. The status of the person concerned remains unchanged.

Citizenship Applications.

Bernard J. Durkan

Question:

173 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 224 of 18 October 2007, the position regarding the application for naturalisation (details supplied); and if he will make a statement on the matter. [29204/07]

I refer the Deputy to my reply to Parliamentary Question 224 on 18 October 2007. The position remains as stated.

Asylum Applications.

Bernard J. Durkan

Question:

174 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in Dublin 8; if ongoing review of the case has been concluded; and if he will make a statement on the matter. [29205/07]

The person in question arrived in the State as an unaccompanied minor on 14 March, 2005. He applied for asylum on 5 April, 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 27 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 were received on behalf of the person in question. I expect the case to be submitted to me for decision in due course.

Residency Permits.

Bernard J. Durkan

Question:

175 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if and when residency status will be granted in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [29206/07]

The person in question arrived in the State as an unaccompanied minor on 14 March, 2005. He applied for asylum on 5 April, 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 5 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 were received on behalf of the person in question. I expect the case to be submitted to me for decision in due course.

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected residency status will be granted in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [29207/07]

The person concerned arrived in the State on 14 March, 2005 as an unaccompanied minor. She applied for asylum on 5 April 2005. 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.

In accordance with Section 3 of the Immigration Act 1999, the person concerned was informed on 20 September, 2005 that the Minister was proposing to make a deportation order in respect of her. She was in accordance with the Act, given the option of making representations within 15 working days setting out the reasons why she should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. Representations were received on behalf of the person concerned. I expect the case to be submitted to me for decision in due course.

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will extend temporary residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29208/07]

I would refer the Deputy to the replies to Dáil Questions No. 48 of 15 February 2007 and No. 103 of 1 March 2007, in relation to the person concerned.

As previously advised, the person concerned whose case falls under the Dublin II Regulation, Council Regulation (EC) No. 343/2003, evaded his transfer to France on 30 August, 2006. The person concerned continues to evade his transfer and continues to remain illegally in the State. I would therefore again urge the person concerned to present himself to the Garda National Immigration Bureau without further delay in order to arrange for his transfer to France.

Bernard J. Durkan

Question:

178 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [29209/07]

The case of the person concerned falls under the terms 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 Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State or whereby an asylum seeker has been granted a visa to enter another Regulation State and has entered that other State before entering Ireland and making an asylum application here.

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 Regulation State to accept responsibility for an asylum application and have it processed in that other state.

The person concerned lodged an asylum claim in this State on 19 May, 2006. Following investigation by the ORAC and pursuant to the provisions of the Dublin II Regulation, it was established that France was the appropriate State to process the application as the person concerned had previously lodged an asylum claim there on 14 January 2005, and the appropriate authorities in France have accepted their responsibilities accordingly. They subsequently accepted responsibility for the person's child under Article 4(3) of the Dublin II Regulation. The ORAC informed the person concerned of their determination on 8 August, 2006, whilst at the same time affording her an opportunity to appeal the determination to the Refugee Appeals Tribunal, (RAT). The person concerned appealed the ORAC determination to RAT which the RAT upheld and the person concerned was informed of this by way of letter on 28 September, 2006.

As a direct consequence of the ORAC determination, a Transfer Order was signed in respect of the person concerned on 10 August, 2006. This Order was issued to her on 24 August 2006, requiring her to present herself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 29 August 2006, in order for arrangements to be made for her transfer to France. The person failed to attend the GNIB on this date and was recorded as having evaded her transfer pursuant to the provisions of the Dublin II Regulation. She is currently being sought by the Garda National Immigration Bureau and the Garda. She should make herself known to them without further delay so that arrangements can be made for her transfer to France.

Asylum Applications.

Bernard J. Durkan

Question:

179 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will expedite the process in respect of an application for family reunification in the case of a person (details supplied) in County Westmeath whose spouse has EU residency status; and if he will make a statement on the matter. [29210/07]

I refer the Deputy to my previous answer to Parliamentary Question No. 149 put down for answer on 25 October 2007. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in February 2007. 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. Family Reunification applications are dealt with in chronological order and at the present time are taking up to 24 months to process.

Residency Permits.

Bernard J. Durkan

Question:

180 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 24 will be informed as to specific reason their application for family reunification in respect of their children has been refused in order that they can respond by way of appeal; and if he will make a statement on the matter. [29211/07]

A certain confusion has arisen in the case referred to by the Deputy. My answer to Question No. 154 of 11 October, 2007, referred erroneously to earlier applications rather than to the most recent ones. This situation arose from the absence of the unique reference numbers which were allocated to these particular visa applications.

The position is that the applications refused by the Visa Officer on 2 August were refused on the grounds that insufficient documentation was submitted in support of the applications and that, further, it would be contrary to general policy to approve a visa in the circumstances of the case. The applicants' Irish Reference has permission to remain in the State under Section 18 of the Refugee Act, 1996 — i.e. the family member of a refugee. Such a person has no right to family reunification.

The period within which an appeal may be submitted (two months) has expired in this case. In all the circumstances, however, if the applicants feel that there are compelling reasons as to why their case should be regarded as exceptional to the general policy, my Department will, on an exceptional basis, review the matter. The application was also refused on the grounds of Insufficient documentation submitted with the application. If the applicants intend seeking a review of the case, they should take note of the list of documentation required to accompany a visa application on www.inis.gov.ie

Bernard J. Durkan

Question:

181 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extension of residency status will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29212/07]

Bernard J. Durkan

Question:

182 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extension of residency status will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29213/07]

I propose to take Questions Nos. 181 and 182 together.

The persons in question, a mother and daughter, arrived in the State on 16 April, 2003 and applied for asylum. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Following consideration of their case under Section 3 of the Immigration Act 1999 as amended, the persons in question were granted temporary leave to remain in the State on 30 November, 2004, and this was renewed on 1 December, 2005 and 10 January, 2007 respectively. Their current permission to remain is valid up until 10 January, 2008. The persons in question should make an application for renewal of their leave to remain one month before their current permission to remain expires. Their application will then be dealt with in due course by my Department.

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his views on allowing an appeal or extension of temporary residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29214/07]

The person concerned arrived in the State on 27 December, 2005 as an unaccompanied minor and applied for asylum on 4 January 2006. 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 16 January, 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, SI. No. 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.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, 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), as amended.

Asylum Applications.

Bernard J. Durkan

Question:

184 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of applications for refugee or asylum received in his Department in each of the past five years to date; and if he will make a statement on the matter. [29215/07]

The information requested by the Deputy is set out in the table.

Table 1: The number of asylum applications received by the Office of the Refugee Applications Commissioner from 2002-2007 (31/10)

Year

2002

2003

2004

2005

2006

2007 (31/10)

No. of asylum applications received

11,634

7,900

4,766

4,323

4,314

3,302

Residency Permits.

Bernard J. Durkan

Question:

185 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to a review of residency entitlement in the case of a person (details supplied) in Dublin 8 in view of the family’s acute special needs; and if he will make a statement on the matter. [29216/07]

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 and 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.

Ministerial Travel.

Liz McManus

Question:

186 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29045/07]

Since becoming Minister, I have not used the Government jet. Details of travel by bus, rail and air transport, where relevant, to end October are set out in the tables.

Minister John Gormley T.D.

Rail Transport

Commercial Air Transport

Month

Frequency

Cost

Frequency

Cost

June 2007

One Return Journey

1,056

July 2007

One Return Journey

1,020

August 2007

One Return Journey

540

September 2007

Two Return Journeys

3,462

October 2007

One Return Journey

85

One Return Journey

1,298

Minister of State Batt O'Keeffe T.D.

Bus Transport

Commercial Air Transport

Month

Frequency

Cost

Frequency

Cost

June 2007

One Journey

6

One Return Journey

27

October 2007

Three Journeys

322

Minister of State Tony Killeen T.D.

Bus Transport

Air Transport Government Jet

Month

Frequency

Cost

Frequency

Cost

October 2007

One Return Journey

Borne by D/Defence

EU Directives.

Lucinda Creighton

Question:

187 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29063/07]

The European Commission has initiated infringement proceedings against Ireland in relation to six cases of non-transposition of Directives. Information on the status of each is set out in the table.

Directive Number and Title

Date Due for Transposition

Current position on infringement proceedings related to directives overdue for transposition

Position on transposition of directives

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

25 June 2005

The Commission issued a Reasoned Opinion under Article 226 of the Treaty on 19/12/2005 and Ireland’s response was issued on 08/02/2006. The Commission referred this case to the European Court of Justice on 17/10/2007. Ireland’s defence is being prepared.

Many of the provisions of this Directive are already provided for in existing legislation. Work is continuing on the outstanding instruments with a view to completing transposition at the earliest possible date.

Directive 2005/33/EC of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels

11 August 2006

The Commission issued a Reasoned Opinion under Article 226 of the Treaty on 29/06/2007 and Ireland’s response was issued on 30/08/2007.

Drafting of regulations to transpose this Directive is ongoing. It is anticipated that the Directive will be transposed by early 2008.

Council Directive 2006/105/EC adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania

01 January 2007

The Commission issued an Article 226 Letter of Formal Notice on 20/04/2007 and Ireland’s response was issued on 01/06/2007.

The Commission has been informed that Irish legislation already provides for the requirements in this Directive. No further action is required.

Council Directive 2006/106/EC adapting Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, by reason of the accession of Bulgaria and Romania

01 January 2007

The Commission issued an Article 226 Letter of Formal Notice on 20/04/2007 and Ireland’s response was issued on 06/06/2007.

The Commission has been informed that Irish legislation already provides for the requirements in this Directive. No further action is required.

Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

15 February 2007

The Commission issued a Letter of Formal Notice under Article 226 of the Treaty on 20/04/2007 and Ireland’s response was issued on 22/06/2007.

Drafting of regulations to transpose this Directive is ongoing. It is anticipated that the Directive will be transposed by early 2008.

Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage

30 April 2007

The Commission issued a Letter of Formal Notice under Article 226 of the Treaty on 31/05/2007 and Ireland’s response was issued on 27/07/2007.

Drafting of regulations to transpose this Directive is ongoing with a view to completing transposition at the earliest possible date.

Urban Renewal Schemes.

Niall Collins

Question:

188 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if he will provide details on a project (details supplied) in County Limerick. [29097/07]

Limerick County Council received a total of €1,331,186 in grant assistance under the Urban and Village Renewal Programme, 2000-2006, in respect of improvement works in Kilfinane. Information regarding the total cost of those works is not available to my Department and may more appropriately be sought directly from the Council.

Water and Sewerage Schemes.

Paul Connaughton

Question:

189 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government the position of the proposed treatment plant at Kilconnell, Ballinasloe, County Galway; the involvement of his Department in relation to same at present; and if he will make a statement on the matter. [29103/07]

The Kilconnell Sewerage Scheme is included in my Department's Water Services Investment Programme 2007 — 2009 for funding under the Rural Towns and Villages Initiative. Galway County Council's Preliminary Report for the scheme is being examined in my Department and is being dealt with as quickly as possible in the light of additional information received from the Council.

Paul Connaughton

Question:

190 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government the position of the proposed treatment plant at Caltra, Ballinasloe, County Galway; the involvement of his Department in relation to same at present; and if he will make a statement on the matter. [29104/07]

In selecting schemes for inclusion in my Department's Water Services Investment Programme 2007-2009, 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 was not possible to include the Caltra scheme in the current Programme.

Noise Pollution.

Deirdre Clune

Question:

191 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the options open to residents who are subjected to loud noise from their neighbours; and if he will make a statement on the matter. [29109/07]

Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a 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 public information leaflet outlining the legal options available to persons experiencing noise nuisance is available from my Department and is also on the Department's website, www.environ.ie.

Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is, or is not, acceptable. The local authority is empowered under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement. I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government.

Election Management System.

Phil Hogan

Question:

192 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his plans to amend or introduce legislation to provide for a set frequency for local electoral area reviews; and if he will make a statement on the matter. [29110/07]

Phil Hogan

Question:

193 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will appoint a commission to review the local area boundaries in advance of the 2009 local elections particularly in the context of the demographic shifts since the last review in 1998; and if he will make a statement on the matter. [29111/07]

Phil Hogan

Question:

194 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the action he will take to correct the large democratic deficit in some local electoral areas due to under-representation; and if he will make a statement on the matter. [29112/07]

I propose to take Questions Nos. 192 to 194, inclusive, together.

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. There are no current proposals for legislation in this area.

Local Authority Housing.

Joanna Tuffy

Question:

195 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce legislation to enable tenants of housing associations to avail of a tenant purchase scheme; and if he will make a statement on the matter. [29113/07]

Joanna Tuffy

Question:

196 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government his proposals to introduce a new tenant purchase scheme for local authority tenants in view of the fact that the valuation of houses is making it impossible for the vast majority of tenants to avail of the existing scheme. [29114/07]

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. Nevertheless, I will continue to keep the terms of the scheme under review.

EU Directives.

Michael Ring

Question:

197 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he will provide the information in his possession to show that all local authorities have complied with a requirement (details supplied). [29166/07]

I assume that the Question refers to Directive 2003/4/EC on public access to environmental information. Article 5(3) of Directive 2003/4/EC provides that, where charges are made for the provision of environmental information, public authorities must publish and make available to applicants a schedule of such charges as well as information on the circumstances in which a charge may be levied or waived. This requirement was transposed into Irish law by Article 15 of the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. 133 of 2007).

Furthermore, guidelines for public authorities were issued under Article 14 of the regulations, and public authorities must have regard to these guidelines in discharging their functions thereunder. Section 16 of the guidelines reinforces the requirements arising under Article 15 of the regulations and states, inter alia, that: “public authorities must make publicly available a list of fees, if any, charged for the provision of environmental information and the method by which those fees are calculated. Applicants should be informed of any charges (and details thereof) for the provision of the information they have requested”.

The making of the regulations and the guidelines have been notified to public authorities through public advertisements and otherwise. Implementation of the Regulations is a matter for the public authorities concerned.

Michael Ring

Question:

198 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he will provide this Deputy with the registers or lists of the environmental information held by his Department; and the location where such information can be found. [29167/07]

Access to environmental information held by my Department is facilitated primarily through the Departmental website, www.environ.ie. Under the heading “Our Environment”on the website’s homepage, four broad categories of environmental information are listed. Within each category there are links provided to the relevant lists of publications and documents available.

Information on a wide range of environmental subjects is also available from ENFO — the environmental information service of my Department. The website address is www.enfo.ie. There is an extensive database of references available in the ENFO library and their premises at 17, St. Andrews Street, Dublin 2 are open to the public from 10.00 am to 5.00 pm, Monday to Saturday excluding public holidays.

Under the Freedom of Information Acts 1997 and 2003, my Department is required to prepare Section 15 and 16 manuals. These manuals give a general description of the structure and function of the Department, the records held, the services provided, the rules and procedures used for the decisions and determinations of its schemes and enactments. Updated versions of these manuals are being finalised and will be published on our website in early December.

Regional Fisheries Boards.

Michael Creed

Question:

199 Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources when elections from approved bodies will take place for positions on the Regional Fisheries Boards; the proposals he has to abolish or change the fisheries boards; and if he will make a statement on the matter. [29121/07]

Elections to the Regional Fisheries Boards are scheduled to be held in December 2007 following an extension agreed by the Oireachtas in 2006. The Deputy will be aware that the Government has decided that a fundamental restructuring of the inland fisheries sector is required. However, in light of the recent appointment by Government of an interdepartmental group who are charged with overseeing the independent review of the inland fisheries sector with a view to it being brought to a conclusion and a final allocation of responsibilities implemented as soon as possible, it is my intention, subject to Oireachtas approval, to make a further Order postponing the elections until 2008.

In the context of providing the legislation necessary to facilitate the new structures, an examination is also being undertaken as to how the existing seventeen pieces of legislation governing the inland fisheries sector, which date back to 1959, can be modernised and consolidated into a single Statute. Officials from the Department are working with management of the fisheries boards on this exercise and it is hoped to be in a position to publish proposals next year.

Inland Fisheries.

Pat Breen

Question:

200 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources if it is anticipated that net fishing will be re-introduced in the River Shannon; when it is expected that fishing will commence in the River Shannon; and if he will make a statement on the matter. [29155/07]

The Standing Scientific Committee of the National Salmon Commission advised that stocks of salmon in the River Shannon are below conservation limits. For this reason, no killing of wild salmon or sea trout, over 40 cm, by any method in the River Shannon or other rivers in the catchment, with the exception of the Feale and the Mulkear, was permitted during the 2007 season. The Feale and Mulkear rivers were open for fishing because their specific stocks were judged to be meeting their conservation limits and had an identified surplus for harvest.

The Shannon Regional Fisheries Board and the Marine Institute will monitor the stocks in developing a management plan for each of the rivers in the Shannon catchment with a view to identifying the extent of the 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 any of those rivers which are currently closed and it is established from the results of the Genetic Stock Identification Project that significant numbers of fish destined for other rivers are not intercepted within the river, it should be possible to harvest the identified surplus but within the constraints permitted by the Habitats Directive.

Fisheries Protection.

Pat Breen

Question:

201 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources if the acceptance of the hardship funding by licensed holders disqualifies nominees for applying for a licence if fishing re-commences as nominees receive no compensation; and if he will make a statement on the matter. [29156/07]

I am advised that in order to obtain payment from the Salmon Hardship Scheme, eligible applicants are required to provide an undertaking that they will not apply for a commercial salmon fishing licence in the future. Persons who do not receive compensation are not precluded from applying for a licence in the future.

Pat Breen

Question:

202 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources if he will make a statement on a situation (details supplied). [29157/07]

The Independent Group, set up to examine the implications for the commercial sector of aligning the management of the wild salmon fishery with scientific advice for 2007 and beyond, recommended that hardship payments should be based on the average verifiable (tag return) catch for each licence holder and on the average net income per salmon in the commercial fishery for the years (2001-2005) inclusive. This income calculation was based, by the Group, on the average price obtained per fish each year less the costs incurred by fishermen. The approach to determining the hardship payments recommended by the Group and adopted by the Government is, I believe, robust, convincing and fair.

Pat Breen

Question:

203 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources the action that will be taken regarding the licences of fishermen who do not accept the hardship fund by 31 December 2007, which is the deadline for acceptance; and if he will make a statement on the matter. [29158/07]

Participation in the Salmon Hardship Scheme is voluntary. The scheme was established by the Government to address the likely hardship that would arise because of the necessary cessation of interceptory mixed stock fishing for wild salmon. The opportunities to fish for salmon, however, will be more limited in the future than in the past largely because of the unacceptability of the mixed stock fishery at sea. It will also be dependent on the recovery of stocks and the availability of a scientifically identified surplus for harvest.

Persons who do not avail of the compensation scheme are entitled to apply for a commercial salmon fishing licence. The number of commercial salmon fishing licences available and determination of priority in the allocation of such licences is governed by the Control of Fishing for Salmon Order. Salmon fishing licences are issued annually and there is no automatic entitlement to them. They cannot be transferred, traded or sold. No property right exists in them. It is illegal to fish for salmon without such a licence.

Ministerial Travel.

Liz McManus

Question:

204 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the cost and frequency of travel per month since the beginning of the new Government by him and his Ministers of State by means of bus, rail or air transport; the Minister involved in the travel in each case; and if he will make a statement on the matter. [29040/07]

I have travelled on two flights during the month of July costing €4,567.45 and one train journey costing approximately (allowing for exchange rates) €64. I have undertaken no other travel by bus, train or flight in my official capacity. The Minister of State (Mr. T. Killeen) took one flight in October 2007, which cost €81.54.

EU Directives.

Lucinda Creighton

Question:

205 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29058/07]

I can advise the Deputy that there are at present two Directives with my Department that have had reasoned opinions issued by the EU Commission. Both reasoned opinions have been responded to and the deliberations of the Commission are awaited. The table shows details of the two cases.

Directive Number

Directive Title

Infringement Number

Stage of Infringement

Date Infringement Received

2004/55

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC

2006/2074

Reasoned Opinion

12/12/2006

2003/54

Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC — Statements made with regard to decommissioning and waste management activities

2006/2073

Reasoned Opinion

12/12/2006

Telecommunications Services.

Sean Sherlock

Question:

206 Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources when broadband is scheduled to be rolled out in settlements (details supplied) in County Cork; and if he will make a statement on the matter. [29098/07]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, (ComReg).

There are a number of platforms for delivery of broadband, and service providers are now offering broadband by wireless, satellite, fibre or standard telephone cable in most areas of the country. Broadband access is currently available in many of the areas mentioned from numerous service providers. Further details are available on the Department's broadband website www.broadband.gov.ie.

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).

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 under way. The NBS will provide broadband services to areas that are currently not served and will ensure that all reasonable requests for broadband in unserved areas are met.

The first phase of the procurement process, the Pre-Qualification Questionnaire (PQQ) phase, 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. My Department is anticipating that the award of the NBS contract will take place during Quarter 2 of 2008, with roll-out 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.

Broadcasting Services.

Deirdre Clune

Question:

207 Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources the progress made on the introduction of digital terrestrial television; the time frame for its introduction; and if he will make a statement on the matter. [29107/07]

Deirdre Clune

Question:

208 Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources his plans to inform consumers of the introduction of DTT; and if he will make a statement on the matter. [29108/07]

I propose to take Questions Nos. 207 and 208 together.

The Broadcasting (Amendment) Act, 2007 was enacted in May 2007 and puts in place a flexible framework for the licensing of Digital Terrestrial Television (DTT) into the future. The Act provides for the use of multiplexes by both public service and commercial broadcasters and for the transmission of both digital television services and digital sound broadcasting services. Under the Broadcasting Act, RTE, the Broadcasting Commission for Ireland (BCI) and the Communications Regulation (ComReg) have obligations to provide for the roll-out of DTT. Each of their roles is critical to ensuring the success of DTT in Ireland.

All three organisations are making progress in this regard. ComReg has made progress towards ensuring that spectrum is available for DTT and has consulted on the conditions to be attached to DTT licences. The BCI is consulting with parties interested in commercial DTT contracts and RTE has started to develop plans for rolling out national DTT services. It is anticipated that during 2008, RTE will start to build a network to provide a DTT multiplex capable of carrying RTE 1, RTE 2, TV3 and TG4 and the BCI will launch a competition for up to three additional DTT multiplexes. Consideration will be given to the public information campaign which will be required to inform consumers of DTT and analogue switch-off.

Postal Services.

Bernard J. Durkan

Question:

209 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the Government policy for the future of the postal services, including the provision of a next day, five days per week, delivery service throughout the entire country; and if he will make a statement on the matter. [29182/07]

An Post has a statutory obligation to provide a universal postal service, including the provision of a delivery to the home or premises of every natural or legal person not less than five days per week. This is set out in the European Communities (Postal Services) Regulations 2002 (Statutory Instrument 616 of 2002). The draft third postal directive proposes to maintain the universal service obligation at the current level, a position which Ireland has strongly supported during the negotiations. Maintenance of the universal service and the availability of a high quality postal service to Irish consumers are issues of key importance to Ireland, particularly in the context of liberalisation of the postal market.

Telecommunications Services.

Bernard J. Durkan

Question:

210 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he proposes to take initiatives to ensure the availability of high speed broadband in all areas throughout the country; and if he will make a statement on the matter. [29185/07]

Bernard J. Durkan

Question:

211 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his plans for the development of broadband and the information and technology sector throughout the country; and if he will make a statement on the matter. [29186/07]

I propose to take Questions Nos. 210 and 211 together.

The provision of telecommunications services, including broadband, is a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. 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). 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 under way. 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 NBS aims to provide basic broadband services to rural regions. The requirement is to provide a minimum 1MB service, which is currently a typical product on the Irish market. It is intended that product specifications will evolve during the contract period to reflect trends in the broadband market. Financial modelling has been undertaken to establish the estimated cost of the scheme. I am not making the figure public as to do so could influence the negotiation process with the candidates.

The first phase of the procurement process, the Pre-Qualification Questionnaire (PQQ) phase, is now complete and four candidates have pre-qualified. As my Department indicated on 2 September, 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. My Department is anticipating that the award of the NBS contract will be in the second quarter of 2008, with roll out 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.

Bernard J. Durkan

Question:

212 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects the availability of broadband here to compare with its availability in other EU states; and if he will make a statement on the matter. [29187/07]

There were 653,000 broadband subscribers (excluding mobile) in Ireland at end of quarter two of 2007 according to official figures from the Commission for Communications Regulation ComReg. Additionally, there were 45,000 mobile broadband subscribers in Ireland at the end of June 2007 giving a total of 698,000 subscribers. The 698,000 figure represents a penetration rate of 15.4 subscribers per 100 of population.

Ireland's growth in broadband penetration is encouraging. Last week's report from the OECD shows that we have the strongest per capita subscriber growth in the OECD. Moreover, Ireland has narrowed the gap behind the EU average. At the end of Quarter 2 06 the EU-25 average was 14 subscribers per 100 of population and our rate was 8 subscribers. At the end of Quarter 2 07, the EU-25 Average was 18.2 subscribers per 100 of population and our rate was at 15.4. If the estimated 45,000 mobile broadband subscribers are included, then the penetration figure increases to 16.48 subscribers. It might be noted that the OECD assessment understates Ireland's competitive position as regards broadband access due to the larger size of households in Ireland.

Question No. 213 answered with QuestionNo. 18.

Electricity Generation.

Bernard J. Durkan

Question:

214 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the degree to which alternative energy is contributing to electricity supplies; the extent to which he will expand or extend this in the future; and if he will make a statement on the matter. [29193/07]

The contribution by renewable energy resources to electricity consumed in 2006 was 8.6%, up from almost 7% in 2005. The Government's targets are to increase this contribution further to a minimum of 15% by 2010 and at least 33% by 2020.

Bernard J. Durkan

Question:

215 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of alternative energy projects contributing to the national electricity grid; the number of applications pending; the extent to which these are expected to be successful in the near future; and if he will make a statement on the matter. [29194/07]

There are approximately 110 renewable energy projects connected to the electricity network based on criteria applied and data published by EirGrid on its website www.eirgrid.com. I have no statutory function in relation to the award of connection offers by ESB or EirGrid.

Natural Gas Grid.

Bernard J. Durkan

Question:

216 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he anticipates supply from the Corrib gas field to become available; and if he will make a statement on the matter. [29195/07]

I understand from the developers, Shell E&P Ireland Ltd, that they expect that first gas will be available in 2009. I would add, however, that completion of the development works by the developers is clearly the principal factor that will determine the date for first gas.

Broadcasting Services.

Bernard J. Durkan

Question:

217 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he has had discussions with broadcasting service providers in the public and the private sector; the number of such discussions in the past six months; the nature of the discussions; and if he will make a statement on the matter. [29196/07]

In the context of the development of broadcasting policy my officials and I have cause, on a regular basis, to meet with the various interests that comprise the broadcasting sector including but not limited to commercial broadcasters, public service broadcasters and independent producers.

Postal Services.

Bernard J. Durkan

Question:

218 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if it is intended to introduce legislation governing the postal services and the post office; and if he will make a statement on the matter. [29197/07]

The principal piece of legislation governing the postal service in Ireland is the Postal and Telecommunications Services Act 1983. There are also two European Directives which have been transposed into Irish law. New legislation will be required to transpose the draft third postal directive once ratified.

Broadcasting Services.

Bernard J. Durkan

Question:

219 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his preferred options for the development of the broadcasting sector, public and private, in the future; and if he will make a statement on the matter. [29198/07]

The draft general scheme of the Broadcasting Bill, submitted to the Joint Oireachtas Committee on Communications, Marine and Natural Resources in September 2006 for the purposes of public consultation under the eConsultation initiative, is intended to ensure the establishment of the appropriate regulatory and organisational structures for the growth and development of public service, commercial and community broadcasting in Ireland.

The Joint Oireachtas Committee published its conclusions on the draft general scheme in April 2007. It is proposed to publish the consequent Broadcasting Bill in early 2008 having considered the Joint Oireachtas Committee's conclusions on the outcome of the eConsultation process.

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