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Dáil Éireann debate -
Wednesday, 27 Feb 2008

Vol. 648 No. 3

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 6, inclusive, answered orally.
Questions Nos. 7 to 12, inclusive, resubmitted.
Questions Nos. 13 to 23, inclusive, answered orally.

Legislative Programme.

Bernard Allen

Question:

24 Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government when he expects the Green Paper on Local Government Reform to be published; and if he will make a statement on the matter. [8124/08]

The Programme for Government contains a commitment to publish a Green Paper on Local Government Reform, which will examine a number of issues with the objective of making local government more transparent and responsive. The Green Paper, which I am currently finalising and which will be published shortly, will present options for reform in advance of a subsequent White Paper.

I established a Consultative Committee, which met for the first time in September 2007, to advise me on the production of the Green Paper. The Committee's members included local government interests, Government Departments and others with an interest in local government. The Committee had initially intended to conclude its work by early December 2007. However, given the breadth of the issues involved, the Committee decided to have a further meeting on 20 December to consider its work. Since then I have been engaged with my Department in reviewing the public submissions and the work of the Consultative Committee, and in preparation of the text of the Green Paper.

The Green Paper represents the initial phase of a transparent, inclusive policy formulation process. Its purpose is not to arrive at a single solution, but to present options for further consideration. It is my objective that it should initiate a broad and lively debate on the future of local government.

Waste Management.

Alan Shatter

Question:

25 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government if he has plans to reduce waste from packaging; and if he will make a statement on the matter. [8204/08]

Ireland has a successful track record in packaging waste recycling. Under the EU Packaging Directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. The Environmental Protection Agency (EPA) has reported in its National Waste Report 2006 — published in January 2008 — that packaging waste recovery stood at 57.3% in that year, indicating that Ireland continues to exceed the current recovery target of 50% set by the Packaging Directive and is well on the way to achieving the new 60% target by end 2011.

A National Strategy Group on Packaging Waste Recycling — which is co-chaired by my Department and Repak and involves key public and private sector stakeholders — was established in late 2004 to develop a packaging waste strategy for the period to 2011. Measures aimed at reducing the amount of packaging waste arising through prevention and minimisation will form an integral part of the Strategy which will be published later this year.

In October 2007, I challenged the packaging industry to develop appropriate measures to promote packaging waste prevention and minimisation similar to the Courtauld Commitment in the UK. The Courtauld Commitment is an agreement between the UK's Waste & Resources Action Programme (WRAP) and major grocery retailers in the UK with the aim of reducing packaging waste.

In response to this challenge, many of the major Irish retailers have given a commitment to work with their suppliers to reduce the amount of packaging used in their stores and have agreed to set a timeframe to accomplish these reductions. Retail Ireland and Repak Limited, who are co-ordinating this initiative, envisage that a voluntary agreement covering a three to five year horizon will be developed and signed off in the latter part of 2008.

Ministerial Appointments.

Enda Kenny

Question:

26 Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government if he will appoint a national waste regulator; when such an appointment will be made; the powers such a regulator will have; and if he will make a statement on the matter. [8177/08]

I recognise that significant regulatory issues have emerged as waste management services have rapidly evolved in recent years, including through the rapid growth in, and consolidation of, the private waste management sector. These issues, which have been the subject of a formal public consultation, include the dual role of local authorities as regulators and service providers, the need to ensure that waste services are provided in a manner consistent with the achievement of national and EU environmental objectives and targets, and the need to ensure that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly reflected. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the current OECD review of the Irish public service, which includes a specific case study on waste management, and will be implemented in the context of the overall review of national waste management policy provided for in the Programme for Government and now being initiated.

Health and Safety Regulations.

Kathleen Lynch

Question:

27 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the actions taken as a result of any reports concluded to date (details supplied); when reports not completed are due to be completed; when the committees groups and commissions are due to commence and complete their work; and if he will make a statement on the matter. [8048/08]

The scope of this question covers the commissioning of 16 reports and the setting up of 10 committees, commissions and other working groups details of which were included in the reply to Question No. 1383 of 30 January 2008.

Of the 16 reports commissioned, 4 reports have been received. The recommendations of the report in relation to the Department's supervisory and management role in relation to a civil works contract undertaken by Limerick City Council will be implemented in full. The recommendations of three reports in relation to the stability of an esker at Rath Lugh, Co. Meath; the need for "Living over the Shop" tax incentives to support Urban Regeneration in NSS Gateways and an Intertidal Survey of Sandflats in 7 Bays are under consideration. 12 reports are still in preparation and will be submitted at various dates up to November 2010.

All 10 committees, commissions and other working groups have commenced their work and have been meeting on a regular basis. The Limerick City Boundary Committee has completed its report and its recommendations are being implemented with effect from 1 March 2008. The High Level Group on Climate Change is a standing committee and the timescale for the completion of the work of the remaining committees varies considerably depending on their nature.

Planning Issues.

Liz McManus

Question:

28 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if he will abolish the €20 fee that has to be paid by members of the public wishing to make a submission to a local authority regarding a planning application; and if he will make a statement on the matter. [8031/08]

The €20 fee for making a submission on a planning application was introduced in the context of the comprehensive review of planning legislation which culminated in the Planning and Development Act 2000 and the Planning and Development Regulations 2001. The fee was introduced in tandem with the increased rights given to third parties in the planning process in the revised legislation. Since the enactment of the 2000 Act planning authorities are statutorily obliged to acknowledge submissions on planning applications and to consider those submissions before making decisions on planning applications. Persons who make submissions are also entitled to be notified of:

any new information provided;

the decision of the planning authority;

an appeal against the decision of the planning authority.

My Department is currently examining the costs of the planning service with a view to reviewing the Regulations relating to planning application fees in the context of improving further service delivery. Any proposed changes to the current fees structure, including the fee for making a submission on an application, will require the endorsement of the Oireachtas.

EU Directives.

Ruairí Quinn

Question:

29 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to transpose the Environmental Liability Directive into Irish law to hold operators who cause damage to the environment financially liable for remedying the damage; and if he will make a statement on the matter. [8037/08]

My Department has prepared a Screening Regulatory Impact Analysis on the options for transposing the EU Environmental Liability Directive. This document is available on my Department's website (www.environ.ie), and the views of interested parties have been sought on it. These views have now been received and assessed.

Preparatory work on drafting the legal instrument for transposing the Directive is underway in consultation with the Office of the Attorney General. I will publish the draft instrument for public consultation as soon as possible.

Planning Issues.

Michael D. Higgins

Question:

30 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government if it is permissible for a local authority to facilitate a Part VIII development, if the local authority has no stake hold itself in the development; and if he will make a statement on the matter. [8046/08]

Joe Costello

Question:

38 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the regulations in place regarding Part VIII developments by local authorities; the liability a local authority has to advertise a Part VIII development; the liability a local authority has to make the public aware of the distinct characteristics of a Part VIII submission; and if he will make a statement on the matter. [8045/08]

I propose to take Questions Nos. 30 and 38 together.

Section 179 of the Planning and Development Act 2000 and the associated Part 8 of the Planning and Development Regulations 2001, set out the legal requirements in relation to local authority own development which does not require environmental impact assessment. Where a planning authority proposes to carry out development in accordance with Part 8 the Manager of the planning authority must consult the public and prescribed authorities. In doing so, the planning authority must:

Erect a site notice and publish a newspaper notice indicating the location, nature and extent of the development;

State in these notices that plans and particulars of the proposed development are available for inspection at the offices of the local authority for a specified period;

Send notice of the proposed development to a list of prescribed bodies; and

Invite the making of submissions or observations on the proposed development.

In addition, proposals for developments to be carried out by local authorities are subject to review by the elected members. The members can decide, by resolution, to vary or modify the proposed development, other than as recommended by the manager, or can decide not to proceed with the development. Local authorities are then required to give notice of their decision to any persons or bodies who made submissions or observations.

These public consultation procedures also apply to proposed development under section 179(1)(d) of the 2000 Act where development is proposed to be carried out on behalf of, or in partnership with, the local authority in its own functional area, pursuant to a contract with the local authority, for example, by way of public private partnership.

John Perry

Question:

31 Deputy John Perry asked the Minister for the Environment, Heritage and Local Government if he has plans to make the provision of architectural services a necessity in local authority planning offices; if he has plans to increase resources to local government in this regard; and if he will make a statement on the matter. [8201/08]

Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements, including the provision of architectural services, necessary for carrying out the functions of the local authorities for which he or she is responsible.

My Department makes an annual General Purpose Grant to local authorities to meet the gap between the cost to them of providing a reasonable level of day-to-day services, including staff and related costs, and the income they obtain from other sources. The amount that has been provided this year represents an increase of €52 million, or 5.4%, over the record amount provided in 2007 and is some 195% above the amount provided in 1997.

Legislative Programme.

Joan Burton

Question:

32 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if, in view of the pending review of local government and the revision of local election boundaries, he will introduce regulations in regard to election spending in local elections; and if he will make a statement on the matter. [8040/08]

In accordance with the Programme for Government, my Department will be publishing a Green Paper on local government reform shortly. The Green Paper will examine a number of issues with the objective of making local government more transparent and responsive, and will set out options for reform in advance of a subsequent White Paper. One of the issues which the Green Paper will address is the question of expenditure limits at local elections. There are currently no such limits, although expenditure, as well as donations over a €635 threshold, must be disclosed.

Electronic Voting.

Bernard J. Durkan

Question:

33 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his views and proposals in the ongoing matter of the costly storage of the e-voting technology; if he will examine, review or otherwise revise the storage contracts involved; if he has carried out an investigation into the circumstances surrounding the major capital expenditure involved in the manufacture, development and promotion of the technology; if it is intended to advertise the equipment on the international markets with a view to cutting the losses incurred; and if he will make a statement on the matter. [8102/08]

James Bannon

Question:

39 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government when he plans to dispose of the e-voting machines that are being stored by the Government at the expense of the taxpayer; and if this is not his intention, the future role he envisages for them to justify the expense of storing them. [7699/08]

Bernard J. Durkan

Question:

197 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if other countries that currently use e-voting might be persuaded to accept e-voting technology in storage here, for a particular sum; and if he will make a statement on the matter. [8407/08]

Bernard J. Durkan

Question:

198 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has had discussions within his Department, with other Departments or representatives of other jurisdictions, with a view to the disposal of the e-voting technology; if other jurisdictions with confidence in such a system might be willing to pay the full capital costs and storage costs to date in the event of an agreed sale; and if he will make a statement on the matter. [8408/08]

I propose to take Questions Nos. 33, 39, 197 and 198 together.

Responsibility for storage of manual voting equipment has always been a matter for the local returning officers and so similar responsibility was assigned to them in regard to the electronic voting equipment. In the majority of cases, leases were entered into by them for the storage of the machines, which have a 20-year lifespan. The Government decision to centralise storage of the electronic voting equipment was made taking into account a range of factors, including costs of local and centralised arrangements and the likely benefits to be realised; the majority of the electronic voting machines are now stored in containers at Gormanston Camp.

My Department engaged consultants with valuation expertise in May 2007, following a competitive tendering process, to examine individual lease arrangements and to make recommendations as to termination of the leases, where appropriate. The consultants' recommendations are currently under consideration in the Department.

I am at present considering the next steps to be taken in relation to this project. In this, I am taking into account the work of the Commission on Electronic Voting which has examined the system, relevant experiences and developments internationally, and the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally. My Department has not made or received enquiries or approaches, relating to other jurisdictions, along the lines referred to in the Questions.

Flood Risk Assessment.

Liz McManus

Question:

34 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the position regarding the need to prevent future housing development on flood plains and in particular areas identified under the Office of Public Works flood hazard mapping programme as being at significant risk of flooding; if he will bring forward legislation that would give a special designation to such areas that would prevent inappropriate housing development; and if he will make a statement on the matter. [8032/08]

As I stated in reply to Question No. 272 of 31 January 2008, the First Schedule of the Planning and Development Act 2000 specifies, inter alia, that planning authorities may include in their development plans objectives regulating, restricting or controlling development in areas at risk of flooding. Where development is proposed in an area at risk of flooding, it is a matter for each planning authority to evaluate such risk, on the basis of a flood risk assessment where appropriate, and planning permission may either be refused, or, if granted, can be made subject to conditions requiring the implementation of measures necessary to alleviate or avoid damage due to flooding.

Guidelines for Planning Authorities on Development Plans were published by my Department in June 2007 to further assist planning authorities in the preparation of development plans. The guidelines recommend that flood risk should be considered at relevant stages of the planning and development process and that the aim should be to ensure that existing flood risks are either reduced or addressed and that new development does not individually or cumulatively give rise to new flood risks, particularly in the context of potential impacts arising from climate change.

My Department, in conjunction with the OPW, is preparing more comprehensive guidance on flooding and the planning system, which it is intended to issue for public consultation and finalisation this year. Preparation of these guidelines, and the mapping resources already available to planning authorities on the OPW's National Flood Hazard Mapping website (www.floodmap.ie), are two of the key actions arising from the work of the Flood Policy Review Group.

I intend to issue these guidelines under Section 28 of the Planning and Development Act 2000 and planning authorities and An Bord Pleanála will be required to have regard to them in the performance of their functions. I have no current proposals to bring forward legislation on this issue.

Planning Issues.

Michael D. Higgins

Question:

35 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the policy directives given to local authority planners as regards density levels in high rise apartment developments; and if he will make a statement on the matter. [8047/08]

Under section 29 of the Planning and Development Act 2000, I have powers, as Minister, to issue policy directives to planning authorities regarding any of their functions under the Act, and planning authorities are required to comply with any such directives in the performance of their functions. No such policy directives have been issued to planning authorities in relation to density levels in high-rise apartment developments.

On 18 September 2007, I published Guidelines for Planning Authorities on Sustainable Urban Housing: Design Standards for New Apartments, under section 28 of the Planning and Development Act 2000. In accordance with section 28, planning authorities and an Bord Pleanála must have regard to the guidelines in the performance of their functions. The aim of these guidelines is to promote successful apartment living by setting minimum standards for well-designed apartments, particularly in terms of internal space standards, including storage space. While the guidelines set a range of minimum standards for the design and layout of new apartments, there is no reference in them to density levels within apartment developments or to building heights.

I also published for public consultation, on 10 February 2008, Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines can be implemented. These new draft guidelines, which were issued under section 28 of the Act, are intended to replace the 1999 Guidelines for Planning Authorities on Residential Density, and are focused on creating sustainable communities by incorporating the highest design standards and providing a co-ordinated approach to the delivery of essential infrastructure and services. The objectives of the new guidelines are to:

set out stronger planning requirements to facilitate the development of sustainable communities through strengthening planning and the provision of necessary supporting services and amenities;

help achieve the most efficient use of urban land through housing densities that are appropriate to the location involved and availability of supporting services and infrastructure, particularly transport; and

set high standards in terms of space and facilities to meet the needs of the Irish context.

The 12-week public consultation period for the receipt of submissions ends on 6 May 2008.

EU Directives.

Brian O'Shea

Question:

36 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps being taken to ensure that people here have access to justice in respect of environmental matters in accordance with Ireland’s obligations under European Union law and signing up to the Aarhus Convention; and if he will make a statement on the matter. [8033/08]

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).

Regulations transposing the European Communities (Access to information on the Environment) Directive 2003/4/EC were signed and came into effect on 1 May 2007.

The process to transpose Directive 2003/35/EC is well advanced with legislation completed to amend the majority of the relevant consent systems pertaining to that Directive within the Irish legislative framework. Work is continuing on the outstanding issues, and will be finalised by the Departments concerned at the earliest possible date.

The system of judicial review gives effect to the third, or access to justice, pillar of the Aarhus Convention. Other forms of redress — such as appeals against decisions of planning authorities to An Bord Pleanála and recourse to the Ombudsman where applicable — also partially satisfy the access to justice requirements.

Local Government Elections.

Thomas P. Broughan

Question:

37 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if the recently established Commission on the local electoral area boundaries will take cognisance of requested boundary extensions when reviewing electoral areas; and if he will make a statement on the matter. [8043/08]

On 8 January 2008 I announced that I had established two committees to review local electoral areas. The Electoral Area Committees are operating under statutory terms of reference given to them under the provisions of the Local Government Act 1991 and are independent in the performance of their functions. Without prejudice to the independent role of the Committees, it is envisaged that their recommendations will take account of local authority administrative boundaries which are in operation at the time of the submission of the Committees' reports.

Question No. 38 answered with Question No. 30.
Question No. 39 answered with Question No. 33.

Motor Taxation.

Seán Barrett

Question:

40 Deputy Seán Barrett asked the Minister for the Environment, Heritage and Local Government if he has plans to reconcile the new motor taxation scheme commencing on 1 July 2008 with the existing motor taxation scheme, in order to prevent inequalities in the treatment for taxation purposes of identical vehicles purchased prior to July 2008, and in the resale values of otherwise perfectly good cleaner motor vehicles; and if he will make a statement on the matter. [4025/08]

Richard Bruton

Question:

52 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the delay in implementing changes in motor tax charges has not created perverse incentives in the short term. [2140/08]

I propose to take Questions Nos. 40 and 52 together.

As the Deputies will be aware the Motor Vehicle (Duties and Licences) Bill 2008 is currently before the House and I refer to the reply to the second stage debate on Tuesday 26 February 2008.

Water Quality.

Bernard J. Durkan

Question:

41 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he can guarantee an adequate and secure supply of domestic drinking water over the next 10 years; if current storage and treatment facilities are adequate; his plans for conservation and quality control; his proposals to eliminate any possible threat of pollution from inefficient, overloaded or otherwise inferior municipal waste water treatment systems; and if he will make a statement on the matter. [8103/08]

Bernard J. Durkan

Question:

200 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to ensure the adequate supply and storage of drinking water here with particular reference to the Greater Dublin Area having particular regard to the fact that most of the local authorities are of the opinion that storage, future supplies and current requirements are at a critical balance; when it is expected that he will be in a position to address these issues; and if he will make a statement on the matter. [8410/08]

Bernard J. Durkan

Question:

201 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will provide an assurance that adequate steps have been taken to prevent a recurrence of the pollution of drinking water such as occurred in 2007 in Galway; and if he will make a statement on the matter. [8412/08]

Bernard J. Durkan

Question:

202 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he will provide the necessary funds to augment, upgrade or otherwise improve or replace sewage treatment plants here with a view to eliminating pollution of the waterways by municipal authority sewage treatment systems; and if he will make a statement on the matter. [8413/08]

I propose to take Questions Nos. 41, 200, 201 and 202 together.

Management of public drinking water supplies is generally the responsibility of the local authorities, which have a range of instruments and measures available to them to produce and conserve sufficient supplies to meet anticipated needs and to ensure quality standards. In addition, my Department coordinates and finances a major programme of investment in improved water supply infrastructure, active leakage control, telemetry and rehabilitation of watermains.

The Environmental Protection Agency's (EPA) most recent report on drinking water supplies "The Provision and Quality of Drinking Water in Ireland — A Report for the Years 2006-2007" is available in the Oireachtas Library. The report has identified 339 public water supply schemes that require detailed profiling from catchment to consumer to determine whether the supply needs to be replaced or upgraded, or where operational practices need to be improved to ensure that the water supplied to the general public is clean and wholesome.

The Agency has asked the local authorities concerned to draw up action plans to address the issues raised in each of these cases. My Department is simultaneously assessing the implications for the Water Services Investment and Rural Water Programmes and I have already indicated that a contingency funding arrangement is in place that will be available to implement any necessary remedial measures.

The Drinking Water (No. 2) Regulations, 2007, have strengthened the enforcement provisions in relation to drinking water standards. The Regulations provide for the supervision of local authority drinking water supplies by the EPA. Local authorities continue to be responsible for supervising group water scheme supplies but all monitoring programmes are now subject to approval by the Agency, which is also required to supervise the performance by local authorities of their monitoring functions. Penalties for non-compliance with the requirements of the Regulations have been increased considerably with the inclusion of indictable offence provisions, and supervisory authorities now have powers of direct intervention if necessary to ensure compliance with their directions.

The most up-to-date information in relation to the operation of local authority waste water treatment facilities may be obtained from the EPA's publication "Urban Waste Water Discharges in Ireland — A Report for the Years 2004 and 2005". The Agency's report "Water Quality in Ireland 2007" sets out the factors adversely impacting on water bodies, including wastewater discharges. These publications are also available in the Oireachtas Library.

The Waste Water Discharge (Authorisation) Regulations, 2007, provide for an authorisation system for urban wastewater discharges by local authorities and for the purpose of giving further effect to the Dangerous Substances Directive and the Water Framework Directive. The authorisation system is being administered by the EPA and applies to all discharges to waters from sewage treatment plants or collection systems owned or controlled by local authorities.

The Government's commitment to improving water services infrastructure to meet the highest international standards is reflected in the very substantially increased funding of some €4.7 billion provided for water services in the National Development Plan 2007-13, an increase of 27% on the previous NDP. Details of currently approved water supply and wastewater projects are set out in my Department's Water Services Investment Programme 2007-2009 which is available in the Oireachtas Library.

The schemes included in the Water Services Investment Programme are derived mainly from regular assessments of needs undertaken by local authorities, at my Department's request, as an input to the overall strategy for meeting water supply and treatment requirements. New assessments were carried out in 2006 and the priorities adopted by the local authority elected members were taken into account in the preparation of the current Programme. Among the criteria local authorities are required to take into account in preparing assessments of needs is compliance with national and EU drinking water and wastewater treatment standards and future long-term capacity requirements.

The Water Services Act 2007 provides for each local water services authority to prepare a strategic water services plan for its area every 6 years at least. Such plans will outline the situation in relation to water services provision, both current and projected, and identify appropriate responses. It is envisaged that the new process will ensure that planning for water services is fully integrated into national investment planning for social and economic development. The relevant provisions will be brought into force as soon as related guidelines and training are in place, early in 2009.

Overall, the resources being put in place by my Department will ensure that the coverage and quality of the national water services infrastructure is adequate to meet current and anticipated demands.

Energy Conservation.

Ruairí Quinn

Question:

42 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the steps he will take, in view of the fact that electricity consumption at the Custom House has increased by 5% over the past three years, to ensure that this trend is reversed; and if he will make a statement on the matter. [8038/08]

In accordance with its Environmental Policy Statement, my Department is fully committed to the conservation and effective management of resources, including resources utilised through electricity consumption. This is a critical element of our accreditation to ISO 14001 in respect of the Custom House. To minimise energy consumption, my Department uses a number of energy saving devices such as energy efficient lights, powersave function on electrical office equipment and photocopiers with duplex facilities etc.. Staff are encouraged on an ongoing basis to avail of all opportunities to reduce wastage within offices, and we are also working with the Office of Public Works (OPW) and Sustainable Energy Ireland with a view to introducing further energy saving measures.

My Department will be among the first Departments to participate in the recently launched OPW Optimising Power @ Work, Staff Energy Awareness Campaign. This campaign, which will begin in my Department in early March, aims at achieving a minimum of 15% reduction in total annual carbon dioxide emissions through an intensive staff energy awareness initiative towards optional efficiency in respect of all energy consuming processes.

Architectural Heritage.

James Bannon

Question:

43 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason he is overlooking the national inventory of heritage sites, which is leading to places of heritage value being omitted from world heritage status to the detriment of the tourist industry here and national heritage; and if his attention has been drawn to the sites he is overlooking. [7698/08]

Nominations for World Heritage Status will only be considered if the site has already been included on the State Party's tentative list, which is an inventory of those cultural and natural heritage properties considered to be of outstanding universal value. This is in line with the ‘Operational Guidelines of the World Heritage Convention'. (A copy of these guidelines is available on the UNESCO website).

The current tentative list was compiled in 1992 by an internal Departmental committee, following a public consultation process, and formally submitted to UNESCO in accordance with the UNESCO World Heritage Convention. The tentative list includes the Western Stone Forts, Cashel, Killarney National Park, North West Mayo Boglands, Clara Bog, Clonmacnoise, the Burren and Céide Fields. The World Heritage Committee recommends that tentative lists be reviewed every ten years. It is my intention to review Ireland's tentative list of sites this year. The preparation of any additional applications for inscription of any new sites will be considered in the context of that review.

The structures on the National Inventory of Architectural Heritage (NIAH), which currently number in excess of 25,000, would not automatically satisfy the criteria of "outstanding universal value" in World Heritage terms.

Waste Management.

Lucinda Creighton

Question:

44 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the status of the Poolbeg incinerator; the role his Department has had in the project; and if his Department plans on playing a part in the process to prevent it from going ahead. [8075/08]

The facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Management Acts. Section 60(3) of the Waste Management Act, 1996 specifically precludes the Minister, and therefore the Department, from any involvement in anything for which a local authority or the EPA has statutory responsibility. This includes the waste licensing system for which the EPA is responsible. The facility is the subject of a waste licence application and a final decision by the EPA is awaited. It has already been granted planning permission by An Bord Pleanála, a process from which the Minister is also precluded under planning legislation. In view of its status as a prospective public private partnership, my Department was involved in certifying that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. My Department also grant-aided the costs of the consultants retained by the local authorities to advise them in the procurement process for this and other projects provided for in the Dublin Regional Waste Management Plan. The Department by letter dated 14 September 2005 advised Dublin City Council, which acts as lead authority for the project, that having considered the submissions received in respect of the procurement process there was no objection to Dublin City Council proceeding to enter into contractual arrangements with the selected private partner. The Department has no further role in the matter.

Environmental Protection Agency.

Martin Ferris

Question:

45 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the review and revision of the role of the Environmental Protection Agency. [8027/08]

I refer to the reply to Questions Nos. 500 and 501 of 26 February 2008. I am considering the form that the review of the role, procedures and governing legislation of the Environmental Protection Agency, as provided for in the Programme for Government, should take.

Parking Regulations.

David Stanton

Question:

46 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the way in which his Department is liaising with the Department of Transport and An Garda Síochána to address illegal parking in disabled car parking spaces through enforcement, increasing fines and public awareness as outlined in the Department of Transport Disability Act 2005 Sectoral Plan; and if he will make a statement on the matter. [8120/08]

The Department of Transport's Sectoral Plan, prepared under the Disability Act 2005, proposes that it will ensure that access to bus stops and disabled parking bays is not obstructed by illegal parking by substantially increasing fixed charge fines for such offences and through better enforcement by An Garda Síochána and local authority traffic wardens.

The plan further indicated that the Department of Transport would liaise with An Garda Síochána and my Department concerning improved enforcement. A meeting between the Department of Transport and my Department to review the respective objectives in this area in both Sectoral Plans will be held shortly.

Social and Affordable Housing.

Lucinda Creighton

Question:

47 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if he will to amend Part V of the Planning and Development Act 2000 to ensure that the social and affordable aspects of housing developments will be provided on site in future; and if he will make a statement on the matter. [8076/08]

A review of Part V of the Planning and Development Act 2000, undertaken by my Department in 2002 in consultation with a wide range of interested bodies including local authorities and representatives of the house building industry, professional institutes and voluntary housing providers, concluded that greater flexibility in the operation of the Part V mechanism was required. Measures to achieve this were contained in the Planning and Development (Amendment) Act 2002, which introduced a range of options for compliance with Part V including the provision of social and affordable housing off-site.

These options are designed to ensure that the Part V objectives set in relation to the provision of social and affordable housing are met. They enable local authorities and approved voluntary housing bodies to provide such housing more efficiently and effectively.

I am satisfied that Part V is operating effectively, evidenced by its increased delivery of both social and affordable housing. Accordingly, I have no plans to amend the legislation.

Planning Issues.

Jack Wall

Question:

48 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the interaction he has had in relation to the development of either county development plans town plans or area action plans by local authorities in relation to the community aspect of such plans; and if he will make a statement on the matter. [5573/08]

The National Spatial Strategy and Regional Planning Guidelines identify improved social, amenity and cultural infrastructure as being key to achieving improved quality of life and providing better places for people to live in. In turn, these aims are translated into concrete policies and actions in county and city development plans, as well as through local area plans.

I am a statutory consultee in relation to all city and county development plans and local area plans, and take due account of all planning aspects of the draft plans, both in terms of ensuring that the plans reflect appropriately national and regional policies and priorities and assessing whether they provide for the proper and sustainable planning of the area.

In addition, Guidelines for Planning Authorities on Development Plans, which were published by my Department in June 2007, emphasise the objectives for the provision of community facilities as required by the Planning and Development Act 2000. Under the Act, local authorities must have regard to the need for community facilities in preparing their development plans. For example, section 10(2) of the Act requires development plans to include objectives for the provision, preservation, improvement and extension of amenities and recreational amenities and also the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other educational and childcare facilities. The Act also requires local area plans to be consistent with the objectives of the development plan for the area.

As indicated in reply to Question No. 23 on today's Order Paper, on 10 February 2008 I published for public consultation the Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines can be implemented. These new guidelines are intended to replace the 1999 Guidelines for Planning Authorities on Residential Density, and further strengthen the emphasis of the 1999 guidelines in relation to the quality of open space including spaces suitable for children's play and passive amenity. Moreover, the new draft guidelines provide greater detail on the need for quality community and recreational facilities to be fully integrated into the planning of new residential developments. The 12-week public consultation period for the receipt of submissions ends on 6 May 2008.

Local Authority Housing.

Joe Costello

Question:

49 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when, in view of the 2008 legislative programme and the Social Housing (Miscellaneous Provisions) Bill, he anticipates that the legislative framework will be in place to enable tenants of council flats to purchase their homes under the tenant purchase scheme; and if he will make a statement on the matter. [8044/08]

I refer to the reply to Question No. 1404 of 30 January 2008. A scheme for the tenant purchase of local authority apartments will be introduced as soon as practicable after enactment of the necessary legislation.

Wildlife Protection.

Brian O'Shea

Question:

50 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps being taken to implement the Birds and Habitats Directive and to comply with the judgement of the European Court of Justice in Case C-418/04 and in particular to ensure that habitats and species of birds covered by the directives are protected appropriately; and if he will make a statement on the matter. [8034/08]

On 13 December 2007, the European Court of Justice passed Judgment in case C 418/04, Commission v Ireland which identified a number of shortcomings in Ireland's transposition and implementation, up to 2004, of the Birds Directive 79/409/EEC and its implementation of Article 6 of the Habitats Directive 92/43/EEC.

My Department met with Commission officials recently to discuss the substantive steps already taken by Ireland in anticipation of the ruling, including changes to the relevant regulations in 2005 and a substantial number of designations or re-designations of large areas as Special Protection Areas for birds.

The additional measures that will now need to be taken were also discussed, including revisions to the regulations implementing the Directives, further designations for specific species and an increased emphasis on assessment of proposals for their potential impacts on areas important for birds. My Department will continue actively to engage with the Commission in this regard over the coming months.

Planning Issues.

Seymour Crawford

Question:

51 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will re-examine his decision to impose a local needs restriction for building houses in the non CLÁR areas of County Monaghan; his views on the fact that County Monaghan has one of the lowest population increases in the country and that this restriction is unjustified, unfair and takes away the rights of people in a totally unnecessary way; and if he will make a statement on the matter. [8097/08]

The Monaghan County Development Plan 2007-2013 was adopted in March 2007 following public consultation at draft and material amendment stages. At both stages, my Department expressed serious concerns that the draft plan did not support the objectives of the National Spatial Strategy, the Regional Planning Guidelines for the Border Region, or the Sustainable Rural Housing Guidelines.

The Council's draft plan did not adequately identify areas under strong urban pressure, particularly in those parts of the County close to the main towns of Monaghan, Carrickmacross and Castleblayney and along the N2 National Primary Route. This runs counter to the approach set out in the Sustainable Rural Housing Guidelines published in April 2005. These Guidelines apply to all planning authorities and are aimed at striking a balance between providing a sustainable planning framework for rural housing and making it easier for those who are part of, or have links to, local rural communities to build a house. The Guidelines provide that reasonable planning proposals on suitable sites in rural areas for persons who are part of, contribute to, or have links with the rural community should be accommodated. They thus affirm a presumption in favour of quality one-off housing for rural communities, provided proposals meet normal standards in relation to matters such as proper wastewater disposal and road safety. The Guidelines also classify rural areas for housing purposes, and specifically address those locations, such as CLÁR areas, suffering from de-population.

The rural planning policies proposed in the Monaghan County Development Plan 2007-2013 were without any objective assessment of housing needs, and could have facilitated inappropriate development of one-off houses in rural areas under significant urban pressure without the provision of sufficient essential infrastructure services. The Council has amended the County Development Plan to take account of the Ministerial Direction which I issued on 23 July 2007 under section 31 of the Planning and Development Act 2000 to address this issue, and I have no plans to re-examine my Direction to the Council in this regard.

It is a matter for Monaghan County Council, in the first instance, to ensure its County Development Plan, and any variations to the plan, meets the proper planning and sustainable development of its area, supported by proper assessment of the scope and extent of rural housing needs.

Question No. 52 answered with Question No. 40.

Local Government Reform.

Jack Wall

Question:

53 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if, in view of the pending review of local government, he will amend the Standards in Public Office Act 2001 to prevent officeholders facilitating decisions from which they will derive personal benefit in the future; and if he will make a statement on the matter. [8041/08]

The position remains as set out in the reply to Questions Nos. 90 and 101 of 18 December 2007. I am open to considering any changes that could improve and strengthen the ethical framework for local authorities, in the context of the reform of the local government system on which a Green Paper is due to be published shortly. Furthermore, in relation to the general issue of the zoning of land, my Department is examining whether changes are required to strengthen the decision making processes by local authorities so that decisions are clearly arrived at, are evidence based and secure the necessary economic, environmental and social benefits for local communities.

Planning Issues.

Seymour Crawford

Question:

54 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will re-examine the structures where increased capital charges are being sought from industries and businesses in rural areas such as Cavan and Monaghan towards the provision of water and sewerage systems, thus putting undue pressure on industries, tourism and so on which could be the means of job loses and further indirect charges to the Exchequer through necessary social welfare payments and loss of PAYE; and if he will make a statement on the matter. [8098/08]

Under Section 48 of the Planning and Development Act 2000, planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of the local authority that benefit development in the area, based on a scheme of contributions adopted by the elected members of the authority. Income from the schemes must be applied to pay for facilities, such as wastewater and water treatment facilities, drains and watermains, servicing new development. The Act requires planning authorities to base the contributions on the actual cost of providing the infrastructure in question.

While there has been an increase in receipts from development contribution schemes in recent years, this is reflective of very significant intensification in construction activity which has led in its turn to increased demands for infrastructure, a fairer application of contributions across all development sectors and more accurate estimates by local authorities of their anticipated expenditure on infrastructure works.

In May 2007 my Department published a report arising from the deliberations of an Inter-Departmental Committee on Development Contribution Schemes. This report was also accompanied by a guidance circular to all planning authorities which focused on a number of key issues identified by the Committee, including the importance of transparency in relation to the extent to which linkages between the development levies paid and the infrastructure projects funded from those revenues are demonstrated, and the importance of consultation with County Development Boards on draft schemes.

The guidance also highlighted the potential impact of excessive charging on local and national competitiveness. In this context, planning authorities were reminded that securing future income streams from development contributions depends on achieving the appropriate balance between the necessary levels of funding now, and the need for local authority areas to continue to represent an attractive location for future inward investment.

Local Authority Housing.

Olwyn Enright

Question:

55 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government his views on proposed developments outlined in the National Action Plan for Social Inclusion 2007 to 2016 in respect of increases in budget allocations to local authorities to improve heating in rented dwellings; and if he will make a statement on the matter. [5042/08]

My Department is actively engaged in improving heating standards in local authority housing. Since the introduction of the central heating programme in 2004, my Department has provided grants worth € 94 million for the installation of central heating in some 19,600 local authority houses. In line with our commitments in the National Action Plan for Social Inclusion 2007-16, this scheme will continue in 2008 with funding of € 30 million available for a further 5,000 central heating installations.

Planning Issues.

David Stanton

Question:

56 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the action he will take to ensure that developers are reminded at preplanning stage of their obligations to make buildings accessible; and if he will make a statement on the matter. [8119/08]

My Department's Development Management Guidelines for Planning Authorities, published in June 2007, available on my Department's website at www.environ.ie, emphasise the importance and value of pre-application consultations between developers and planning authorities. Pre-application consultations are stated to be of value for, among other things, advising applicants of procedural requirements, including:

the implications of Building Control legislation, including provisions in relation to fire safety and access for the disabled (including, following the enactment/commencement of the Building Control Act 2007, provisions regarding Disability Access Certificates); and

the necessity to ensure that the design implications of accessibility for all are addressed in the approach routes to buildings, including the location of car parking and other related issues.

The Guidelines also refer to the National Disability Authority's publication "Building for Everyone" which offers good practice on the accessibility issue, and suggest that consultation with organisations representative of people with disabilities may also be of assistance.

In 2003 my Department also issued a Circular Letter titled "Public Awareness of Building Regulations" which requested Planning Authorities to issue a copy of the Department's Planning Information Leaflet PL 11 — Guide to the Building Control System — to every recipient of planning permission for housing developments.

Water Charges.

Thomas P. Broughan

Question:

57 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if he has undertaken discussions with other Departments, such as the Department of Education and Science and the Department of Health and Children, with regard to the metering of water and related charges; and if he will make a statement on the matter. [8042/08]

There have been numerous discussions between my Department and the Department of Education and Science in relation to water charges for schools, most recently in the context of the government announcement in January 2008 in relation to transitional arrangements which will apply to schools water services over the period 2007-09 as part of the implementation of the EU Water Framework Directive. There have been no recent discussions between my Department and the Department of Health and Children regarding water charges.

Private Rented Accommodation.

Ciaran Lynch

Question:

58 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if it is his intention to amend the legislation governing the Private Residential Tenancies Board such that all owners of rental properties are required to register with the PRTB; if he will close the loophole whereby some landlords evade registration by being declared as licensees; and if he will make a statement on the matter. [8030/08]

Landlords are obliged to apply to the Private Residential Tenancies Board (PRTB) to register tenancies of their dwellings, in accordance with the Residential Tenancies Act 2004. Under section 144 of the Act, if the PRTB considers that a tenancy exists which ought to be registered and has not been the subject of a registration application, it must serve statutory notice to the landlord in relation to registration. Failure to comply with registration requirements is an offence and, on conviction, is subject to a fine of up to €3,000 or up to six months imprisonment.

The PRTB has a function of reviewing the operation of the Residential Tenancies Act 2004 and making recommendations for the amendment of the Act and any other related enactments, where this is considered necessary. My Department has not received any communication from the PRTB which would indicate that licensing arrangements are being used to adversely affect the implementation of the tenancy registration provisions of the Act.

Planning Issues.

Joanna Tuffy

Question:

59 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if reform of the Planning and Development Act 2000 is planned in order that it is clearly set down in law that future housing development must be tied to the delivery of infrastructure, that flood plains must be preserved from development and that development plans must be climate proofed; and if he will make a statement on the matter. [8029/08]

Section 10 (1) of the Planning and Development Act 2000 requires a development plan to set out an overall strategy for the proper planning and sustainable development of the plan area. Section 10 (2) of the Act sets out the mandatory objectives of a development plan which include, inter alia: the zoning of land for particular purposes (residential, commercial, industrial, agricultural, recreational etc.); the provision or facilitation of the provision of infrastructure such as transport and water; the provision or facilitation of the provision of services for the community such as schools, crèches and other education and childcare facilities; the preservation, improvement and extension of amenities and recreational amenities; and the conservation and protection of the environment. Furthermore, section 9(6) requires that development plans be consistent with national plans, policies and strategies.

Guidelines for Planning Authorities on Development Plans were published by my Department in June 2007. The guidelines, which have a statutory basis under section 28 of the Act, state that development plans must offer clear guidance on sustainable development policies and objectives, both national and local, which address the various issues involved such as the provision of infrastructure, services and amenities, climate change and the sustainable use of natural resources.

I have recently published for public consultation the Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines should be implemented. The guidelines are focused on creating sustainable communities by incorporating the highest design standards and providing a co-ordinated approach to the delivery of essential infrastructure and services. In this regard, the draft guidelines clearly set out the need for infrastructure, services and amenities to be provided in tandem with new residential development. When finalised, these guidelines will be issued under section 28 of the Planning and Development Act 2000, giving them statutory force and requiring planning authorities and An Bord Pleanála to have regard to them in the performance of their functions.

The Developing Areas Initiative which is assigned to my colleague, Minister of State Batt O'Keeffe, is also supporting work at central and local government levels to secure better co-ordination and timely delivery of key infrastructure and services in fast growing developing areas in parallel with housing development. The initial focus is on strategic locations which are experiencing significant development pressures within the gateways and hubs.

Insofar as the management of development on flood plains is concerned, I refer to the reply to Question No. 34 on today's Order Paper. In addition, in accordance with section 9 (6), the guidelines also indicate that development plans should be consistent with the objectives of the National Climate Change Strategy 2007-12 and with other related Government initiatives and commitments to reducing energy consumption and modifying the impacts of climate change.

Water Charges.

Sean Sherlock

Question:

60 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if her attention has been drawn to the fact that farmers have faced increasing water charges from local authorities as a result of new pricing arrangements and of the financial hardship that this is causing; if she has any power to intervene on this matter; and if he will make a statement on the matter. [7090/08]

Local authorities are required to recover from non-domestic consumers all costs incurred in the provision of water services to those consumers. The application of the polluter pays principle, as required by the EU Water Framework Directive, entails the metering of non-domestic consumers so that a volumetric charge can be applied, with the cost of meter installation being borne by the metered consumer.

This policy has been in place since 1998 but as the meter installation programme has progressed, local authorities have been moving from fixed rate bills to volumetric bills whereby the customer is required to pay on the basis of the actual volume of water supplied. Water and waste water charges are required to reflect the actual cost to the local authority of supplying that level of service to the customer concerned, as authorities are not allowed to make a profit on their water services charges.

In response to concerns expressed by farming representatives in relation to the cost of metering, and following a pilot billing project in one local authority area, my Department issued billing guidance to local authorities in December 2006, which included a request that authorities consider the necessity for special discounting arrangements in the case of multiple water meters on fragmented farm holdings. The guidance recommends that the total metering charge in such instances should not exceed 180% of the cost of the first connection irrespective of the number of meters. This represents a very significant concession to farm holders with fragmented holdings. Where a case of personal hardship arises, an approach may be made directly to the local authority seeking a waiver of the water services charge on personal hardship grounds.

Waste Management.

Willie Penrose

Question:

61 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to comply with the Waste Framework Directive and the European Court of Justice ruling in Case 494/01 and in particular the need to clean up illegal waste sites, deter illegal waste activities and have sufficient waste disposal facilities; and if he will make a statement on the matter. [8036/08]

A formal response by Ireland to the judgment of the European Court of Justice issued to the European Commission on 21 October 2005 detailing the measures being taken in terms of structures, legislation and policy approach to ensure the implementation of the provisions of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, and thereby fulfil the obligations imposed by the Directive. There has been subsequent correspondence and bilateral meetings have been held with the Commission by way of clarifying aspects of Ireland's response.

That response included information on the establishment of the Office of Environmental Enforcement and its National Enforcement Network, which has greatly raised awareness and brought a more coordinated and systematic approach to environmental enforcement. Special training has been rolled out, procedures for site visits have been developed, a new national complaints procedure was launched on 22 September 2005 and an illegal dumping information line was also launched in June 2006. This has been supported by State funding of over €7.5m which has led to over 120 additional enforcement officers being appointed across the local authorities.

Further correspondence from the Commission acknowledged the progress made in addressing the Court's concerns and drew attention to aspects still of concern to the Commission. A bilateral meeting with the Commission was held on 21 February 2008 aimed at addressing these concerns and both sides agreed to work towards bringing matters to a satisfactory conclusion in the coming months.

Programmes for Government.

Lucinda Creighton

Question:

62 Deputy Lucinda Creighton asked the Taoiseach if a commitment to vote in favour of the Referendum Bill on the Lisbon Reform Treaty is part of the agreement reached between the Government parties and the independent Deputies supporting his Government. [8229/08]

These are political agreements that I have entered into as Leader of the Fianna Fáil Party with individual independent Deputies. These agreements are confidential but they are, as always, based on the Programme for Government which incorporates the National Development Plan, approved Government Programmes and Annual Estimates for capital and current expenditure. As the Deputy will be aware, such arrangements have existed for over ten years and in all instances, I have used my best endeavours to deliver them.

Flood Relief.

Bernard J. Durkan

Question:

63 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance the extent to which his Department has examined the need for the cleaning of rivers or tributaries with view to eliminating the potential for flooding; and if he will make a statement on the matter. [8411/08]

Responsibility for maintenance of rivers and tributaries rests with a range of State bodies and riparian landowners.

Cleaning of rivers and tributaries is just one of a range of measures that can be used to mitigate flood risk. It is not always the most appropriate solution. OPW has had to take account of substantial constraints arising from ecological and environmental considerations in a number of cases where cleaning work was considered the appropriate solution but the river or tributary was in an Area of Scientific Interest, or a Special Area of Conservation or carried other protected status.

The National Flood Policy, which was adopted in 2004, appointed the Office of Public Works the State's lead agency for implementing policy in relation to flood risk management. The OPW is pursuing a broad-ranging strategy, including programmes that may consist wholly or partly of works to channels, to mitigate the effects of existing flood risk and to prevent the creation of future flood risk.

Where appropriate major schemes carried out under OPW's ongoing Flood Relief programme include channel works and the benefit and appropriateness of such works is invariably examined as part of the appraisal of scheme options.

OPW is also assisting Local Authorities though the provision of advice, funding or the execution of works as appropriate in each case, to deal with localised flooding problems where economic, social and environmental considerations support such measures.

OPW carries out an annual programme to ensure that channels that were improved by the Office as part of completed Arterial Drainage or Flood Relief schemes are maintained in proper repair and effective condition. The Commissioners also monitor generally the level of maintenance of channels forming part of schemes known as Drainage Districts for which Local Authorities have responsibility.

Proposals are currently being developed, for designating for maintenance by OPW, channels which the Office does not currently have responsibility for that could give rise to significant flood risk, subject to the availability of resources.

OPW has commenced a programme of Catchment Flood Risk Assessment and Management Studies, in conjunction with other stakeholders, that will identify for each catchment options for managing significant risk, including channel works where appropriate.

The Flood Hazard Mapping website maintained by OPW displays information in relation to flood prone areas that can assist Local Authorities and other interested individuals to identify locations where risk mitigation may be required.

Tax Code.

Jack Wall

Question:

64 Deputy Jack Wall asked the Tánaiste and Minister for Finance the reason a person (details supplied) in County Kildare is paying DIRT tax on an income when their combined income does not exceed their tax credit; and if he will make a statement on the matter. [8223/08]

I have been advised by the Revenue Commissioners that DIRT is payable on investment income, regardless of the amount of tax credits available to a taxpayer unless the individual is 65 years of age or over or is permanently incapacitated, and their total income (including the gross DIRT income) is less than the relevant exemption limit.

Based on the limited information supplied, the taxpayer is under 65 years of age and is single. On reaching the age of 65 and provided the taxpayer's total income for the year is below the annual exemption limit, currently €20,000 for a single person, the taxpayer may apply directly to their Financial Institution to have interest arising on the investment account payable without deduction of DIRT. The application is made by completion of Form DE1, available from all Financial Institutions, from some Citizens' Information Centres, from any Revenue Office or by phoning LoCall 1890 306 706.

Proposed Legislation.

Róisín Shortall

Question:

65 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the sections and subsections of the Finance Act 2007 that have been commenced; and the dates when they came into force. [8236/08]

The commencement dates of all the sections and subsections of the Finance Act 2007 are specified within the Act, except for those sections which are subject to commencement order by the Minister for Finance.

Sections which are subject to commencement order and have come into force are:

Section 19(1), commenced on 6 September 2007,

Section 104(1), commenced on 3 December 2007, and

Section 109(1), commenced on 1 October 2007.

Tax Code.

Aengus Ó Snodaigh

Question:

66 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance the criteria for receiving a VRT reduction on a vehicle due to a disability or physical impairment; and if the vehicle in question can be used for commercial activity, such as use as a taxi, in any circumstances. [8237/08]

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, to those who meet certain disability criteria.

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, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Statutory Instrument No.353 of 1994 (Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, provides that the vehicle which is the subject of the relief under the scheme be used for personal use only. Accordingly, the commercial use of a vehicle by a person (as a taxi or otherwise) who has acquired a vehicle under the scheme is not permitted.

Ruairí Quinn

Question:

67 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance the number of taxpayers currently availing of the seed capital scheme; the cost of relief granted under the scheme; and if he will make a statement on the matter. [8258/08]

Ruairí Quinn

Question:

68 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance the number of companies currently availing of the seed capital scheme qualifying on the basis that they are engaged in the cultivation of mushrooms; the cost of relief granted to these firms; and if he will make a statement on the matter. [8259/08]

I propose to take Questions Nos. 67 and 68 together.

I am informed by the Revenue Commissioners that, under the Seed Capital Scheme, income tax refunds of €2.3 million were issued to 76 individuals in respect of investments in 63 separate companies in 2007.

I am further informed by the Revenue Commissioners that income tax refunds amounting to €300,000 have been issued to individuals that invested in nine separate companies engaged in the cultivation of mushrooms since the inception of the Seed Capital Scheme in 1993. The last such refunds were made in 2004.

Ruairí Quinn

Question:

69 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance the number of VAT registrations here in 2007, and for each of the past ten years; and if he will make a statement on the matter. [8260/08]

I am informed by the Revenue Commissioners that the number of VAT registrations in 2007 and for each of the past ten years is as set out. The figures for the years 1997 to 2006 have been published in the annual Statistical Reports of the Revenue Commissioners.

VAT Registrations (effective on 31 December of Year)

Year

Total

2007

287,181

2006

270,663

2005

253,980

2004

236,090

2003

224,118

2002

205,760

2001

204,032

2000

195,282

1999

178,570

1998

162,602

1997

146,180

James Reilly

Question:

70 Deputy James Reilly asked the Tánaiste and Minister for Finance if, in view of the recommendations of the Report of the National Task Force on Obesity, his Department has carried out research to examine the influence of fiscal policies on consumer purchasing and their impact on overweight obesity; and if he will make a statement on the matter. [8313/08]

I presume the Deputy is referring to one of the 93 recommendations of the National Taskforce on Obesity report "Obesity: the Policy Challenges" published in 2005. Primary responsibility in relation to policy on health promotion including healthy eating, active living and obesity rests with the Minister for Health and Children and the HSE. I understand that the Department of Health and Children is currently finalising a National Nutrition policy which will provide strategic direction on nutrition for the next ten years. The policy will be published in the coming months.

As regards tax, I would be of the strong view that little value could be gleaned from such research since the tax system, through the VAT regime, already favourably differentiates between different food products. Ireland applies a zero VAT rate on the purchase of unprepared food products and to fresh fruit. A positive VAT rate is applied for example to biscuits, takeaway food, chocolate and soft drinks. In this context Irish VAT law must comply with EU VAT law. Ireland also uses price signals for items such as cigarettes and alcohol through excises and VAT at 21%.

EU Funding.

Thomas P. Broughan

Question:

71 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance the levels of funding received from the EU and EEC by Ireland since 1973 to date in 2008; the level of contributions by Ireland to the EU and EEC over the same period; the net balance presently between funding received and Irish contributions and projections for these receipts and payments up to 2020; and when Ireland will become a net contributor. [8361/08]

Since joining the Community in 1973 to the end of the financial year 2007, Ireland has received euro 59.9 billion in payments and made contributions to the EU Budget amounting to euro 19.5 billion. Thus in overall terms Ireland has been a net beneficiary from EU funding to the tune of around euro 40.5 billion. Table 1 sets out information for each of the years since 1973. It should be noted that the receipt figures for 2006 and 2007 are estimates.

The current Financial Framework for the EU Budget, agreed by the European Council in December 2005, covers the period 2007-2013. While it is difficult to predict at this stage, Ireland is expected to become a net contributor in the second half of the financial period 2007-2013, with Ireland's receipts expected to exceed payments by a small margin over the period as a whole.

The difficulties in forecasting Ireland's cash flow from the EU stem mostly because the Financial Framework, a political agreement by all Member States, provides the overall context and ceilings for the given multi-annual financial period, but it is the annual budget procedure that determines the level of spending in any one year for each EU measure. It should be borne in mind that various factors impact on the outcome of the annual EU Budget, for example the drawdown capacity of all Member States. While programmes can be committed to the full ceiling, in any given year payment claims by Member States can be much less, and the balance then falls to later years. This is difficult to predict.

For the post-2013 period it can be expected that Ireland will become a substantial net contributor to the EU Budget. At this stage it is impossible to predict the actual outcome of the next political agreement on the Financial Framework for post-2013, not least because the agreement reached on the current framework for 2007 to 2013 includes a commitment to undertake a comprehensive review of the EU Budget. The review will cover all aspects of EU expenditure and revenue, including the future of the Common Agriculture Policy (CAP).

Table 1: Ireland's Net EU Receipts from 1973 to 2007

Total Receipts

Total Payments

Net Receipts

€ million

€ million

€ million

1973

47

6

41

1974

86

7

79

1975

138

12

126

1976

152

17

135

1977

347

28

319

1978

521

59

462

1979

672

77

595

1980

712

113

599

1981

644

134

510

1982

765

174

591

1983

924

235

689

1984

1,100

257

843

1985

1,433

271

1,162

1986

1,456

305

1,151

1987

1,397

324

1,073

1988

1,475

315

1,160

1989

1,645

363

1,282

1990

2,210

359

1,851

1991

2,795

442

2,353

1992

2,532

449

2,083

1993

2,850

576

2,274

1994

2,338

642

1,696

1995

2,566

689

1,877

1996

2,820

687

2,133

1997

3,190

652

2,538

1998

3,015

989

2,026

1999

2,679

1,051

1,628

Sub-total

40,509

9,233

31,276

2000

2,602

1,075

1,527

2001

2,489

1,220

1,269

2002

2,508

1,011

1,497

2003

2,575

1,190

1,385

2004

2,602

1,186

1,416

2005

2,383

1,497

886

2006 (estimate)

2,201

1,530

671

Sub-total

17,360

8,709

8,651

2007 (estimate)

2,078

1,570

508

Total

59,947

19,512

40,435

Note: The size of the increase in total payments from 2005 relative to previous years is due a combination of different factors including, higher GNI rates in Ireland and a larger EU Budget (closer to the end of the Structural Fund programming period).

Disabled Drivers.

David Stanton

Question:

72 Deputy David Stanton asked the Tánaiste and Minister for Finance when he will review the eligibility criteria for the disabled driver and disabled passenger scheme and other vehicle adaptation schemes; and if he will make a statement on the matter. [8512/08]

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and Vehicle Registration Tax (up to a certain limit), and exemption from motor tax, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities.

The disability criteria for these concessions are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of these Regulations.

There was an interdepartmental review of the Scheme which also considered the Motorised Transport Grant and the Mobility Allowance schemes.

The Deputy might wish to be aware that some 12,500 people benefited under the scheme in 2007 at an overall estimated cost of €74 million. Any changes would have to be considered in the context of the annual Budget.

Eating Disorders.

James Reilly

Question:

73 Deputy James Reilly asked the Minister for Health and Children the steps she has taken to take the lead responsibility in providing an integrated and consistent proactive approach to addressing overweight and obesity; the action taken to monitor and evaluate the implementation of recommendations of the National Strategy on Obesity; and if she will make a statement on the matter. [8312/08]

James Reilly

Question:

100 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the curriculum for undergraduates and postgraduates in relevant health sciences provide training in appropriate and sensitive obesity prevention and management; if not, the steps being taken to introduce such training; and if she will make a statement on the matter. [8303/08]

I propose to take Questions Nos. 73 and 100 together.

Within the health sector, the Health Service Executive (HSE) has been allocated €3 million to commence implementation of those recommendations of the Task Force on Obesity for which it has the lead responsibility. A Working Group has been established and an action plan developed to ensure implementation of these recommendations.

Curriculum development is not the responsibility of my Department. However, I have asked my Department to pursue the matter raised by the Deputy with the relevant authorities.

James Reilly

Question:

74 Deputy James Reilly asked the Minister for Health and Children if, in view or the recommendations of the Report of the National Task Force on Obesity, as part of pro-active approach in addressing overweight and obesity, her Department has sought the views of children and young people who are at present overweight or obese; and if she will make a statement on the matter. [8314/08]

James Reilly

Question:

106 Deputy James Reilly asked the Minister for Health and Children the steps taken to support parents attending antenatal visits in developing skills which encourage healthy eating and active living in view of the recommendations of the Report of the National Task Force on Obesity; and if she will make a statement on the matter. [8309/08]

I propose to take Questions Nos. 74 and 106 together.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Damien English

Question:

75 Deputy Damien English asked the Minister for Health and Children if her Department is providing funding to the Irish Osteoporosis Society in 2008; the amount of funding committed; if the funding has been paid out; if there is a long term funding assistance package for the IOS from her Department; and if she will make a statement on the matter. [8210/08]

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

Home Help Service.

Denis Naughten

Question:

76 Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to address the home help crisis in County Roscommon; and if she will make a statement on the matter. [8225/08]

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

Hospital Accommodation.

Jan O'Sullivan

Question:

77 Deputy Jan O’Sullivan asked the Minister for Health and Children the permanent bed capacity of St. Camillus Hospital, Limerick; the number of long-stay beds; the number of respite beds; the categorisation of any other beds in the hospital; if these numbers have changed in the past year; and if she will make a statement on the matter. [8238/08]

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

Health Services.

Emmet Stagg

Question:

78 Deputy Emmet Stagg asked the Minister for Health and Children the number of home care packages that were funded in each month of 2007 in County Kildare; and the number of such allocated and funded since 1 January 2008; the number on the waiting list for such services; and when it is expected that the backlog will be cleared. [8242/08]

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

Nursing Homes Repayment Scheme.

Pat Rabbitte

Question:

79 Deputy Pat Rabbitte asked the Minister for Health and Children if her attention has been drawn to a claim under the health repayments scheme by persons (details supplied) in Dublin 24 where irreplaceable documents have been mislaid; the action that can be taken in this regard; if the claim will still be processed; the status of the application; and if she will make a statement on the matter. [8243/08]

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.

Medical Cards.

Ciaran Lynch

Question:

80 Deputy Ciarán Lynch asked the Minister for Health and Children if her Department will investigate the case of refusal by the Health Service Executive to grant a medical card to a person (details supplied) in County Cork who has a long term illness and is in receipt of a social welfare payment; her views on the present income qualifying thresholds for the granting of medical cards; and if she will make a statement on the matter. [8244/08]

Under Section 59 of the Health Act 1970 the Health Service Executive (HSE) may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Parkinsonism, conditions arising from thalidomide and acute leukaemia. This is a non-means-tested benefit.

The assessment of eligibility to medical cards is statutorily a matter for the HSE and is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health 1970 medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. Section 58 of the Health Act 1970, as amended, provides for GP visit cards for adult persons with limited eligibility for whom, in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange GP medical and surgical services for themselves and their dependants. Persons aged 70 and over are statutorily entitled to a medical card, regardless of income. In all other cases an assessment of means is undertaken.

In recent years there have been significant improvements to the way in which people's eligibility for medical cards and GP visit cards is assessed. Since the beginning of 2005, the qualification guidelines have increased by a cumulative 29%. Assessment is now based on an applicant's and, where relevant, his/her spouse's income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. In June 2006, there was a further increase in the qualification threshold for the GP visit card to 50% above that for a medical card. Furthermore, under the assessment guidelines, applicants whose weekly incomes are derived solely from Department of Social and Family Affairs payments or HSE payments, even if these exceed the stated threshold, qualify for a medical card.

The Programme for Government commits to the following:

Indexing the income thresholds for medical cards to increases in the average industrial wage;

Doubling of the income limit eligibility of parents of children under 6 years of age, and trebling them for parents of children under 18 years of age with an intellectual disability.

My Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards in the context of financial, medical and social need is being undertaken and is expected to be completed by autumn 2008.

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

Health Service Staff.

Mary O'Rourke

Question:

81 Deputy Mary O’Rourke asked the Minister for Health and Children if her attention has been drawn to the number of posts left unfilled in the ambulance technician area and the vital work carried out by these people; and when it is hoped to fill some of these vacant positions. [8245/08]

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.

Health Services.

Mary O'Rourke

Question:

82 Deputy Mary O’Rourke asked the Minister for Health and Children when a home care package will be provided for a person (details supplied) in County Westmeath; if her attention has been drawn to the fact that this Deputy wrote a letter seven weeks ago to Health Service Executive on this case and has not received a reply or an acknowledgement; and if she will make a statement on the matter. [8246/08]

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.

Mary O'Rourke

Question:

83 Deputy Mary O’Rourke asked the Minister for Health and Children if her attention has been drawn to fact that the allocation of €750,000 for the eating disorders sector within the mental health area has not been allocated and that the reason given is that the finance is time delayed; if she will explain this term; and the position regarding the money which is badly needed for these services. [8247/08]

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

Nursing Homes Repayment Scheme.

Mary O'Rourke

Question:

84 Deputy Mary O’Rourke asked the Minister for Health and Children the reason for the long delay in the payment of a claim for a person (details supplied) in County Westmeath; and when this payment will be made. [8248/08]

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.

Long-Term Illness Scheme.

Richard Bruton

Question:

85 Deputy Richard Bruton asked the Minister for Health and Children her views on extending the long term illness card to persons suffering from Lupus; the reason this illness which is very debilitating, is treated in a discriminatory way compared to other long-term conditions which have been listed; and if she has considered establishing a dedicated centre for the study and treatment of this illness which affects very many women. [8257/08]

Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Parkinsonism, conditions arising from thalidomide and acute leukaemia. No new conditions have been added to the LTI since its establishment in 1975 and there are currently no plans to extend the list of eligible conditions.

Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient's eligibility.

People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than €90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

In addition, non-reimbursed medical expenses above a set threshold may be offset against tax.

My Department has asked the Parliamentary Affairs Division of the Health Service Executive to respond to the Deputy with regard to the study and treatment of this condition.

Medical Cards.

Jack Wall

Question:

86 Deputy Jack Wall asked the Minister for Health and Children the position of an application for a medical card for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [8267/08]

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

The assessment of eligibility to medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants.

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

Health Services.

Mary Upton

Question:

87 Deputy Mary Upton asked the Minister for Health and Children if the tendering process for home care packages scheduled to take place for specific health board areas in February 2008, but deferred, will take place on a nationwide basis in May 2008 as promised; and if she will make a statement on the matter. [8268/08]

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 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.

Hospital Services.

Sean Fleming

Question:

88 Deputy Seán Fleming asked the Minister for Health and Children the number of patients who, having been discharged from hospital, were re-admitted within 14 days with a similar or related condition in 2007 on a hospital basis throughout the country. [8279/08]

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

Medical Cards.

Brian Hayes

Question:

89 Deputy Brian Hayes asked the Minister for Health and Children the number of people with medical cards in 2005, 2006, and 2007; the number of people who proved to be ineligible for medical cards for each of these years; and if she will make a statement on the matter. [8280/08]

Details of the numbers of medical card holders are provided to my Department each month by the Health Service Executive (HSE). The figures are provided on a net basis showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive's database, e.g. following a review of a person's circumstances.

I set out a table for the Deputy showing the number of medical cards at year-end in 2005, 2006 and 2007.

Year

Number of Medical Cards

31 December 2005

1,155,727

31 December 2006

1,221,695

31 December 2007

1,276,178

I introduced the GP visit card in 2005 as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. The qualification threshold for the GP visit card is 50% above that for a medical card. The most recent figure provided by the HSE to my Department shows 76,094 GP visit card holders as at 1st February, 2008.

As the HSE does not routinely provide my Department with statistics on the number of applicants who prove to be ineligible for medical cards, the Parliamentary Affairs Division of the Executive has been requested to arrange to address this matter and to have a reply issued directly to the Deputy.

Private Rented Accommodation.

Brian Hayes

Question:

90 Deputy Brian Hayes asked the Minister for Health and Children the amount of money the Health Service Executive has spent on private rented accommodation in 2007; the number of properties it regularly rents; if it requires landlords to provide tax clearance certificates; and if she will make a statement on the matter. [8281/08]

This is an operational matter and as such is the responsibility of the Health Service Executive (HSE) under the Health Act 2004. My Department has requested the Parliamentary Affairs Division of the HSE to reply directly to the Deputy.

Hospital Services.

Jimmy Deenihan

Question:

91 Deputy Jimmy Deenihan asked the Minister for Health and Children the number of cystic fibrosis patients living in Kerry; the measures that the Health Service Executive propose to put in place to look after the needs of these patients; and if she will make a statement on the matter. [8285/08]

I have identified the enhancement of services to persons with cystic fibrosis as a key priority over recent years. Development funding of €6.78m has been allocated to the Health Service Executive since 2006 to facilitate the recruitment of specialist staff in this area.

The detailed application of this funding across the various hospital networks is a matter for the Executive and accordingly, my Department has asked the Parliamentary Affairs Division of the Executive to reply directly to the Deputy with regard to the services in Kerry.

Hospital Staff.

Enda Kenny

Question:

92 Deputy Enda Kenny asked the Minister for Health and Children the number of consultant neurologists in the country; her views on the appointment of a specialist consultant in the area of myasthenia gravis; and if she will make a statement on the matter. [8288/08]

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

Hospital Services.

Dinny McGinley

Question:

93 Deputy Dinny McGinley asked the Minister for Health and Children if her attention has been drawn the fact that demand for dialysis services in Letterkenny General Hospital exceeds supply which leads to Donegal patients being referred for dialysis to Northern Ireland; if she has plans to extend dialysis facilities in Letterkenny General Hospital or elsewhere in the county; and if she will make a statement on the matter. [8290/08]

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.

Eating Disorders.

James Reilly

Question:

94 Deputy James Reilly asked the Minister for Health and Children the steps the health services have taken to promote a change in emphasis from the primacy of individual responsibility to environments that support healthy food choices and regular physical activity in view of the recommendations of the Report on the National Taskforce on Obesity; and if she will make a statement on the matter. [8297/08]

James Reilly

Question:

104 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, guidelines for physical activity, food and nutrition have been developed according to age and gender; if these guidelines have been independently proofed by the relevant authority; and if she will make a statement on the matter. [8307/08]

I propose to take Questions Nos. 94 and 104 together.

A number of national food consumption surveys have been carried out over the last 15 years, which now provide valuable information on what the Irish population is eating. Two of these are commissioned every four years by my Department, these are the National Health and Lifestyle Survey (SLÁN) and Health Behaviour in School Children (HBSC) surveys. Other surveys of the food and nutrition behaviours of children, teenagers and adults are carried out by the Irish University Nutrition Alliance.

My Department will soon be publishing our first National Nutrition Policy which will look at all the whole population while making special mention of age and gender groups.

My Department and the Department of Education and Science have been involved in developing healthy eating guidelines for schools. Guidelines for pre-schools and primary schools are already developed and appropriate healthy eating training by community dieticians with preschool and primary school staff is currently underway. A number of schools are already implementing the guidelines. Post primary school guidelines are being printed and will be launched in March.

Guidelines and recommendations on levels of physical activity are currently being devised by the Population Health Directorate of the Health Service Executive and I am referring the Deputy's question to the Executive for direct reply on that aspect of the Deputy's question.

James Reilly

Question:

95 Deputy James Reilly asked the Minister for Health and Children the steps the health services and health care providers have taken in supporting the population in healthy eating and active living in the prevention of overweight and obesity in view of the recommendations of the Report of the National Task force on Obesity; and if she will make a statement on the matter. [8298/08]

James Reilly

Question:

96 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, the health services have introduced a measurement of height, weight, waist circumference and calculation of body mass index as part of routine clinical health care practice in primary care and in hospitals; and if she will make a statement on the matter. [8299/08]

James Reilly

Question:

97 Deputy James Reilly asked the Minister for Health and Children the steps taken by the Population Health Directorate to develop a national database of growth measurements for children and adults in view of the recommendations of the Report of the National Task force on Obesity; and if she will make a statement on the matter. [8300/08]

James Reilly

Question:

98 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, an education and training programme for health professionals in the appropriate and sensitive management of overweight and obesity has been developed and implemented; if a practical framework for implementation of the education and training programme has been developed; and if she will make a statement on the matter. [8301/08]

James Reilly

Question:

99 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, detection, prevention and treatment programmes have been evaluated and implemented; and if she will make a statement on the matter. [8302/08]

James Reilly

Question:

101 Deputy James Reilly asked the Minister for Health and Children the procedures that have been put in place by appropriate experts and relevant support groups to assess individuals at risk of developing an eating disorder in view of the recommendations of the Report of the National Task Force on Obesity; and if she will make a statement on the matter. [8304/08]

James Reilly

Question:

102 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the north south communication and public awareness programme on overweight and obesity has been developed; and if she will make a statement on the matter. [8305/08]

James Reilly

Question:

103 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the Population Health Directorate has reviewed guidelines for physical activity, food and nutrition gender; and if she will make a statement on the matter. [8306/08]

James Reilly

Question:

105 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, all overweight and obesity prevention and management strategies have been coordinated and reviewed by the Population Health Directorate; the regularity with which these strategies have been reviewed; and if she will make a statement on the matter. [8308/08]

James Reilly

Question:

107 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the proposed growth assessment for underweight or overweight children has introduced nationally; the regularity with which assessments are carried out; and if she will make a statement on the matter. [8310/08]

James Reilly

Question:

108 Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, her Department has carried out formative research to ensure programmes are being implemented as planned; if this included stake holder input at developmental, implementation and evaluation stages to ensure programs are being tailored to meet the needs of the target population; and if she will make a statement on the matter. [8311/08]

I propose to take Questions Nos. 95 to 99 inclusive, 101 to 103, inclusive, 105, 107 and 108 together.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Question No. 100 answered with Question No. 73.
Questions Nos. 101 to 103, inclusive, answered with Question No. 95.
Question No. 104 answered with Question No. 94.
Question No. 105 answered with Question No. 95.
Question No 106 answered with Question No. 74.
Questions Nos. 107 and 108 answered with Question No. 95.

Health Services.

Damien English

Question:

109 Deputy Damien English asked the Minister for Health and Children when a child (details supplied) will have orthodontic treatment in advance of the two-year wait advised of in Navan, County Meath; and if she will make a statement on the matter. [8364/08]

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Care of the Elderly.

Mattie McGrath

Question:

110 Deputy Mattie McGrath asked the Minister for Health and Children the reason there was an embargo placed on a caring provider (details supplied) in South Tipperary, from allowing evening or night-time respite workers to relieve carers, who care for family members and loved ones full time; and if she will make a statement on the matter. [8368/08]

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.

Hospital Services..

Michael Ring

Question:

111 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo can expect to be called for a urology appointment. [8369/08]

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 case investigated and to have a reply issued directly to the Deputy.

Care of the Elderly.

Pat Breen

Question:

112 Deputy Pat Breen asked the Minister for Health and Children the number of people over the age of 66 in County Clare; the number of public bed facilities available for elderly people in the county; and if she will make a statement on the matter. [8373/08]

The 2006 Census of Population records that there were 12,921 people in the age category 65 plus living in the Clare region. The recently published 2006 Survey on Long Stay Activity Statistics (available on the Department's website) provides a summary of individual long stay units, including the geographical information requested. A copy of the report has been posted directly to the Deputy.

Housing Aid for the Elderly.

Finian McGrath

Question:

113 Deputy Finian McGrath asked the Minister for Health and Children if she will assist in the case of a person (details supplied) in Dublin 5. [8384/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Finian McGrath

Question:

114 Deputy Finian McGrath asked the Minister for Health and Children the position regarding the case of a person (details supplied) in Dublin 5. [8385/08]

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.

Special Educational Needs.

Finian McGrath

Question:

115 Deputy Finian McGrath asked the Minister for Health and Children if she will support the issues raised in correspondence from a person (details supplied). [8388/08]

As the Deputy is aware the education of a child, irrespective of their disability, is a matter for my colleague the Minister for Education and Science. Where applicable my Department, through the Health Service Executive, supply support services to enable the particular person to avail fully of the educational system being offered.

Representatives of the Department of Health and Children, Department of Education and Science, the Health Service Executive and the National Council for Special Education meet on a monthly basis to address issues arising in relation to the implementation of the Disability Act 2005 for children under 5 years, which commenced on 1 June last. The group is also planning for the roll out of Part 2 of the Disability Act, 2005 and the Education for Persons with Special Needs Act, 2004 to children between 5 and 18 years and to adults. Issues in relation to the timely and appropriate provision of health and education supports to children with a range of disabilities including autism are being considered in the context of these discussions.

The Government is also honouring its commitment in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget.

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 these matters investigated and to have a reply issued directly to the Deputy.

Home Help Service.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Health and Children when arrangements for home help visits to a person (details supplied) in County Kildare will take place; and if she will make a statement on the matter. [8397/08]

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.

Pension Provisions.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Health and Children when pension pay and a lump sum in the case of a person (details supplied) in County Kildare will be concluded; and if she will make a statement on the matter. [8398/08]

The Health Service Executive administers the Local Government Superannuation Scheme and therefore is the appropriate organisation to address the Deputy's query. 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 Reviews.

David Stanton

Question:

118 Deputy David Stanton asked the Minister for Health and Children if a review of the cost of disability payment has been commenced; if so, when he will publish such a review; and if she will make a statement on the matter. [8509/08]

The social partnership agreement, Towards 2016, includes a commitment that the issues around the introduction of a cost of disability payment will be considered following the development of a needs assessment system under the Disability Act. This follows an inter-departmental examination of the issue by a working group and research commissioned on its behalf by the National Disability Authority.

Part 2 of the Disability Act 2005 establishes a system for the assessment of individual needs for people with a disability. The assessment of need process has been implemented for persons aged under 5 years of age with effect from 1st June 2007. It is intended that the assessment of need process for all persons with a disability will be in place by 2011.

In the meantime, there is already significant assistance available to mitigate the impact of the additional costs incurred by people with a disability. These measures include weekly/monthly allowances, additional income supports, other benefits such as medical cards/free travel/mobility allowance and tax concessions.

State Airports.

Pat Breen

Question:

119 Deputy Pat Breen asked the Minister for Transport further to Parliamentary Question No. 339 of 11 December 2007, when he expects legislation to be published to give effect to the extension of the US Customs and Border Protection facility at Shannon Airport; and if he will make a statement on the matter. [8374/08]

Further to my reply to Parliamentary Question No. 339 of 11 December 2007, I can say that the U.S. proposals for the provision of pre-clearance facilities at Dublin and Shannon Airports were submitted to my Department in late December 2007.

Formal negotiations on the proposals commenced with the U.S. authorities on 29 January last and further discussions are envisaged. Given that the matter is still under negotiation it is too early to say when I will be in a position to publish the necessary legislation.

Parking Regulations.

David Stanton

Question:

120 Deputy David Stanton asked the Minister for Transport the way he will address illegal parking in disabled car parking spaces through enforcement, increasing fines and public awareness as per his Department’s Disability Act 2005 Sectoral Plan; and if he will make a statement on the matter. [8510/08]

David Stanton

Question:

121 Deputy David Stanton asked the Minister for Transport when he will review the eligibility criteria for the disabled driver and disabled passenger scheme and other vehicle adaptation schemes; and if he will make a statement on the matter. [8511/08]

I propose to take Questions Nos. 120 and 121 together.

A review of the disabled persons' parking scheme is ongoing in my Department with a view to ensuring that the designated parking bays are reserved for use by persons for whom those bays are a necessity.

Measures have been put in place through amendments made to the Road Traffic Acts from 2004 to 2007 to strengthen enforcement against illegal use of disabled persons parking permits. It is an offence to submit a false declaration in the application for a permit and in relation to forgery, alteration or other illegal use or lending of a permit.

On-street enforcement against illegal use of permits has been strengthened in that Gardaí and local authority traffic wardens have been given power to inspect permits and to detain any permit that is invalid or is being used in an illegal manner.

Under the fixed charge system that was introduced in April 2006 the fixed charge of €80 (increasing to €120 after 28 days) that applies to illegal parking in a designated disabled persons parking bay is double the amount of fixed charge that applies to any other illegal parking offence.

The focus of the elements of the review completed to date has been on enforcement to safeguard against illegal use of permits. The issue of eligibility is the next element to be addressed this year. The concession scheme in place for vehicle adaptation is a matter for the Minister for Finance and I have no role in that regard.

Road Network.

David Stanton

Question:

122 Deputy David Stanton asked the Minister for Transport the progress made in constructing a linked metropolitan corridor from Waterford through Cork, Limerick/Shannon to Galway as outlined in the Programme for Government; and if he will make a statement on the matter. [8517/08]

As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. As the Deputy is aware, the implementation of individual national road projects, including the Atlantic Road Corridor, is a matter for the National Roads Authority (NRA) under the Roads Act, 1993 in conjunction with the local authorities concerned.

Consumer Protection.

Mary Upton

Question:

123 Deputy Mary Upton asked the Minister for Enterprise, Trade and Employment the reason a company (details supplied) imposes a penalty charge on customers who cannot or do not choose to pay their bill by direct debit; and if he will make a statement on the matter. [8266/08]

The Deputy's question refers to the practice of the company concerned imposing a charge on customers who pay their bills by means other than direct debit. I note the concerns expressed by a number of commentators that this charge could impact disproportionately on certain groups of vulnerable consumers.

I understand that the National Consumer Agency (NCA) received a number of complaints from consumers as far back as November 2006 in relation to the intention of the company concerned to impose a charge on consumers who pay their bills after the due date and to introduce a charge on customers who pay their bills by other than direct debit. I am advised that the Agency subsequently met with the senior management of the company concerned on a number of occasions. Arising from these discussions the company concerned undertook to only impose the late payment charge following a written reminder to the customer and notification of the application of the charge should the customer's bill not be cleared within a specified timeframe. With regard to the charge for paying other than by direct debit, I am advised that this charge only applies to new customers of the company recruited after 1st April 2007, and that such customers are made fully aware before signing up for the company's services that a charge will be imposed if they do not choose to pay their bill by direct debit.

I understand that the National Consumer Agency continues to meet with the company concerned in relation to a range of issues.

Employment Rights.

Brian Hayes

Question:

124 Deputy Brian Hayes asked the Minister for Enterprise, Trade and Employment the mechanisms in place to ensure that migrant workers are not exploited in the services sector of the economy; and if he will make a statement on the matter. [8208/08]

I suggest that the matter at issue here relates to all workers and not just to workers from outside the State, since our laws apply equally to all who are in employment here, including persons working in the services sector. I assume that the Deputy is referring to breaches of employment law, or of employment-related legislation.

A large body of employment rights legislation covering areas as diverse as terms of employment, organisation of working time, payment of wages, part-time workers, maternity leave etc has been put in place over recent years. These provisions apply to all in employment, regardless of sector and employees in the services sector can, of course vindicate their rights under these provisions through the use of the State's dispute resolution machinery, such as the Rights Commissioner Service, the Labour Court and the Employment Appeals Tribunal.

Nevertheless, experience has shown that the unprecedented expansion of the economy over the last decade has provided opportunities for exploitation, particularly in the case of those newly arrived in the country and not aware of their very extensive employment rights. Combating such abuses requires action not only from government agencies but also by other representative groups in broader society.

The Government's response to this changing reality has been to avail of the social partnership process to agree with the social partners a new framework to bring about greater compliance with employment law and to provide the administrative means to give effect to these commitments. Already, the National Employment Rights Authority – NERA — has started work, with a significant increase in staff and a new regional structure. NERA is publishing material to promote employment rights in up to eleven languages and ten of the 90 officers that form the Inspectorate will have specialist foreign language skills.

When setting up the National Employment Rights Authority the Government made a very significant additional investment in the areas of promoting compliance with employment law and in ensuring that, in the event of non-compliance, there are effective mechanisms for redress and, where appropriate, for prosecution. I would urge anyone who has specific complaints to contact NERA immediately, to enable these to be investigated. Alternatively, and where appropriate, employees should refer their complaints directly to the dispute settling agencies for redress.

Arts Council.

Mary Upton

Question:

125 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the funding level for the Arts Council for 2008; if this is €82 million as stated in the Budget 2008 document; the location where the figure of €85.1 million as stated in the Arts and Culture Plan 2008 came from; the figure that is correct; and if he will make a statement on the matter. [8320/08]

Funding for the Arts Council in the calendar year 2008 is €82.102m outlined in Subhead D7 of my Department's Vote. The figure of €85.1m referred to (once) in the Arts and Culture Plan reflects the total funding for the Arts Council for the period 1 December 2007 to 31 December 2008 which includes a supplementary estimate provision of €3m granted in December 2007.

Social Welfare Benefits.

Catherine Byrne

Question:

126 Deputy Catherine Byrne asked the Minister for Social and Family Affairs if a person (details supplied) in Dublin 8 is entitled to rent supplement; if so, when they can expect to receive payment; and if he will make a statement on the matter. [8233/08]

Rent supplement is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme. Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household.

The Health Service Executive has advised that while no formal decision has been made, the person concerned was informed that she was unlikely to qualify for rent supplement as her rent was substantially in excess of the rent limits prescribed for a person in her circumstances.

Not withstanding these limits, under existing arrangements the HSE may, in certain circumstances, exceed the rent limits. The person was advised that the community welfare officer would consider payment of rent supplement for a short period of time, subject to her sourcing alternative accommodation within the prescribed rent limits. She has not followed up on this proposal.

Pension Provisions.

Michael Ring

Question:

127 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of people in a sector (details supplied) who have been refused a State non-contributory pension due to the habitual residence regulation since it was introduced, with details on a yearly basis. [8294/08]

Michael Ring

Question:

128 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of people in a sector (details supplied) who applied for a State non-contributory pension in each of the past ten years, with details on an annual basis; and the costs of those pensions annually. [8295/08]

Michael Ring

Question:

129 Deputy Michael Ring asked the Minister for Social and Family Affairs the effect the habitual residence regulations have on a sector (details supplied); the way the pension needs of these people can be addressed while they are here; and if he will make a statement on the matter. [8296/08]

I propose to take Questions Nos. 127 to 129, inclusive, 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 May 2004. The State Pension (Non Contributory) (formerly Old Age Non Con Pension) is one such scheme.

The restrictions were introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU Member States without the transitional limitations which were being imposed at that time by many of the other Member States.

Irish Missionaries, had prior to the introduction of the habitual residence condition (HRC), been paid State Pension (Non Contributory) when returning to Ireland for holidays or medical treatment. Since the introduction of the HRC all applicants for the schemes covered by the HRC have to satisfy the condition and it is not possible to make an exception in favour of any group or nationality. Members of religious orders who come back to Ireland on a permanent basis, for example, to retire may still qualify for a State Pension (Non Contributory) on the grounds that their centre of interest is now in this State.

Details of the occupation of claimants assessed under the habitual residence condition are not maintained, however, the number of State Pension (Non Contributory) claimants who were refused pension since the inception of the habitual residence condition which would include the sector mentioned are as follows:

Year

2004

2005

2006

2007

Total

Number Refused

27

37

21

22

107

Social Welfare Code.

James Reilly

Question:

130 Deputy James Reilly asked the Minister for Social and Family Affairs if his Department has conducted a review of social welfare assistance payments to take account of the relatively high cost of health foods for socially disadvantaged groups; and if he will make a statement on the matter. [8315/08]

Where people on low incomes have particular medical conditions or dietary requirements, diet supplements are available through the supplementary welfare allowance scheme which is administered on my behalf by the Community Welfare division of the Health Service Executive. Expenditure on diet supplements in 2007 amounted to €5.5m with over 10,000 people benefiting.

In that regard, the Department commissioned a study on healthy eating and specialised diets from the Irish Nutrition and Dietetic Institute on healthy eating. The study — Examination of the Cost of Healthy Eating and Specialised Diets for a Single Individual in Ireland — was carried out to inform policy on diet supplement arrangements and incorporated a costing for a healthy eating diet. It was published in January 2006.

Revised diet supplements arrangements were introduced in April 2006 reflecting the findings of the study and subsequently updated in January 2007. This report was updated in November 2007 in the light of changing prices and ongoing research on nutritional issues. One of the key findings in this update is that a balanced healthy eating diet can be purchased for between 18% and 30% of a person's social welfare allowance.

I am satisfied that the policy of providing substantial real increases in primary social insurance and assistance payment rates has been effective in ensuring that those who depend on social welfare income have sufficient income for healthy food and I do not consider that a review of social welfare payments in this regard is required.

Anti-Poverty Strategy.

James Reilly

Question:

131 Deputy James Reilly asked the Minister for Social and Family Affairs his views on whether access to a healthy diet should be included as an indicator to measure food poverty as part of the National Anti-Poverty Strategy Inclusion process; if so, the action he has taken in this regard; and if he will make a statement on the matter. [8316/08]

Access to a healthy diet and tackling food poverty is a clear priority for this Government and the approach being adopted is linked to a wide range of policy initiatives which are reinforced in the Agreed Programme for Government.

Towards 2016 contains targets relating to the development of the Schools Meals Programme, a new Health Promotion Policy and action on children's food poverty and obesity. Building on this, the National Action Plan for Social Inclusion 2007-2016 (NAPinclusion) contains a number of targets aimed at providing access to a healthy and affordable diet. Commitments in relation to food and nutrition include:

a National Nutrition Policy to address children's food poverty and obesity. This will be launched shortly by the Department of Health and Children; and

the initiation, by the Department of Health and Children working in partnership with other stakeholders, of specific community and sectoral initiatives to encourage healthy eating and physical activity among adults, with a particular focus on adults living in areas of disadvantage.

The school meals schemes for children in disadvantaged areas funded by my Department — the urban school meals scheme and the local projects scheme — can make an important contribution to ensuring that children receive better nutrition. It is a criterion of schemes that funding is used for healthy, nutritious food only and schools are encouraged to include fruit with each meal. In 2007, some 185,000 pupils in 1, 800 schools benefited from the scheme at a cost of some €27m. The number of meals being provided on a daily basis through the school meals local projects scheme doubled from 89,915 in the school year 2005/2006 to 179,660 in the school year 2006/2007. In addition, my Department is involved with a Healthy Food for All initiative to develop a code of best practice for school meals.

Healthy eating is affected by dietary and nutritional awareness, cultural attitudes and access to good quality grocery shopping, as well as to the adequacy of social welfare income supports. A costing for a healthy eating diet was incorporated in the study entitled the Examination of the Cost of Healthy Eating and Specialised Diets for a Single Individual in Ireland which was undertaken by the Irish Nutrition and Dietetic Institute for my Department to inform policy on diet supplement arrangements. Over 10,000 people received such supplements through the supplementary welfare allowance scheme at a cost of €5.5 million in 2007. The study was updated in November 2007 in the light of changing prices and ongoing research on nutritional issues. One of its key findings is that a balanced healthy eating diet can be purchased for between 18% and 30% of a person's social welfare allowance.

In line with the Government's targets in the NAPinclusion, increases in social welfare payment rates have consistently exceeded increases in the cost of living in recent years. This has helped to ensure that those depending on social welfare experience real improvement in their ability to meet their basic needs, including provision of adequate food, heating, etc.

There is no one indicator or measure of poverty that gives a complete picture of the situation regarding deprivation, poverty and social exclusion. The official Government approved consistent poverty measure was developed independently by the Economic and Social Research Institute (ESRI). The main objective of this poverty measure is to clearly identify those who are most deprived and vulnerable in society i.e. the proportion of people, from those with less than 60 per cent of median income, who are deprived of goods or services considered essential for a basic standard of living. Deprivation of food is reflected in two out of the eleven indicators used to obtain the measure of consistent poverty measure.

The overall goal in the National Action Plan for Social Inclusion (NAPinclusion) is to reduce the proportion of the population experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. The latest results from the EU SILC survey, released November 2007, indicate that the Government is on target to achieve this goal. It showed that the rate of consistent poverty in the population in 2006 was 6.5 per cent, down from 8.2 per cent in 2003. A reduction in food poverty is being achieved as part of the overall reduction in consistent poverty.

Community Development.

Brian O'Shea

Question:

132 Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals to meet the concerns of a project (details supplied) in County Waterford; and if he will make a statement on the matter. [8231/08]

Brian O'Shea

Question:

134 Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals regarding the concerns of a committee (details supplied) in County Waterford in relation to the cessation of funding to their support agency framework; and if he will make a statement on the matter. [8379/08]

I propose to take Questions Nos. 132 and 134 together.

I refer the Deputy to my reply to question 433 on 19 February 2008.

Tony Gregory

Question:

133 Deputy Tony Gregory asked the Minister for Community, Rural and Gaeltacht Affairs if a voluntary organisation (details supplied) in Dublin 2 will qualify for grant assistance; and the maximum amount of grant involved. [8270/08]

My Department funds the Programme of Grants for Locally-Based Community and Voluntary Organisations, which supports the activities of local voluntary and community groups. The most recent Programme offered three schemes of once-off grants and applications are assessed under the guidelines and criteria set out for the Programme. The group to which the Deputy refers applied unsuccessfully for funding under the 2005 Programme. The group sought funding for a counselling service, which was deemed as an ineligible activity under the published guidelines.

In the next few weeks, I will be launching a new Programme of grants for community and voluntary organisations. In this context, I have arranged for the group to be provided with a copy of the new application form and guidelines when available, should they have an eligible project for which they wish to seek funding. Full information in respect of the Programme will be available on my Department's website www.pobail.ie.

Question No. 134 answered with Question No. 132.

Departmental Surveys.

David Stanton

Question:

135 Deputy David Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the way in which he will conduct an enterprise audit to review the use of existing and redundant agricultural buildings under action plans in rural areas; and if he will make a statement on the matter. [8515/08]

Question No. 136 withdrawn.

Grant Payments.

Billy Timmins

Question:

137 Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food the position in relation to a company (details supplied) in County Wicklow; if this company obtained State grants; if so, the amount of same; and if she will make a statement on the matter. [8227/08]

This company did not receive forestry related grants from my Department.

Departmental Appointments.

Dan Neville

Question:

138 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food the number of appointments made to the position of agriculture inspector general in 2007. [8234/08]

The number of appointments made to the position of Agriculture Inspector (general) in 2007 was 11. Twenty three appointments to the post of Assistant Agriculture Inspector (general) were made during the same period.

Grant Payments.

Denis Naughten

Question:

139 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when she will publish the revised costings for farm buildings; if she will ensure that such costings are based on the date of construction of the farm building rather than the date that the grant was approved; and if she will make a statement on the matter. [8317/08]

The review of the Standard Costings used in the calculation of grants under my Department's on-farm investment schemes is currently being considered within my Department. By virtue of the conditions of these schemes, the Standard Costings applicable on the date of approval to proceed with the investment works are used in the calculation of the grants concerned. I have no plans to change this procedure.

Michael Ring

Question:

140 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if she will clarify the payment arrangement to apply to REP scheme four contracts commencing in 2008; the number of applicants affected by this; and if she will make a statement on the matter. [8318/08]

Payments to farmers in REPS 4 are governed by a new Commission Regulation which reflects the Commission's objective of integrating and harmonising the operation of the various farm payment schemes including the Single Payment Scheme, REPS and the Disadvantaged Areas Scheme. Inevitably, for all farmers with contracts in REPS 4 starting on or after 1 January this year, the new rules will result in some changes from the previous payment pattern. My officials are in detailed technical discussions with the Commission services and both sides are committed to introducing any new arrangements in a way that will alleviate the impact of these changes on farmers. I expect the matter to be clarified shortly.

Paul Connaughton

Question:

141 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not been awarded their full single farm payment; and if she will make a statement on the matter. [8355/08]

As previously indicated in a reply to Parliamentary Question No. 407 on 12th February 2008, an application was received under the 2005 Single Payment Scheme year requesting the transfer of 17.88 standard entitlements by way of lease from the second person named to the first person named. This application was successfully processed and full payment issued on foot of the leased entitlements to the first person named for the Scheme years 2005 and 2006.

The lease in question had an expiry date of 27 April 2007 and the entitlements in question automatically reverted to the second person named on that date. Consequently they were not available to the first person named for the 2007 Scheme year.

In response to contact from an official from my Department, a 2007 Transfer of Entitlements application has been received on 14th February 2008. As essential elements of this form were unfilled, it has been returned to the applicants for completion. It will be processed even though the closing date for submission of 2007 Transfer of Entitlement application forms was 15th May 2007. The persons named will be notified in writing on completion of processing of the Transfer application form.

Billy Timmins

Question:

142 Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food the position is in relation to the suckler herd scheme (details supplied); and if she will make a statement on the matter. [8523/08]

To be eligible to participate in the Scheme, a farmer shall

Be aged 18 years or over.

Be farming a holding within the State, which is declared under the EU Single Payment Scheme for every year of his/her participation in the Suckler Scheme.

Undertake to implement all the relevant measures of the scheme.

Record all details of each undertaking in each measure through the Animal Events SystemThere is no upper age limit for the Scheme. The lower age limit of 18 years is common to all the direct payment schemes and is in line with the requirements for getting a herd number.

One of the measures in this Scheme is the requirement to attend a training course before the end of year 2. There is an exemption for persons who are under 35 and who hold at least a National Framework of Qualifications (NFQ) level 6 Agricultural Qualification or higher. This exemption is common to a number of Department schemes and is justified on the basis that young trained farmers under 35 are regarded as having been sufficiently trained in the latest technology of breed improvement and best practice in animal welfare and animal handling.

Special Educational Needs.

Andrew Doyle

Question:

143 Deputy Andrew Doyle asked the Minister for Education and Science if her Department is legally responsible for the provision of supported education for autistic children; and if she will give the Minister for State for Children a role in coordinating the inter-Departmental programme for the supported education of autistic children. [8363/08]

My Department provides for the education of all children, including those with autism, through the provision of home tuition and through the primary and post-primary school network. The Health Service Executive is responsible for the provision of health supports such as therapies to children.

My Department provides for educational provision for children with autism from 2½ years of age up until they leave school. Parents of younger children receive a home tuition grant to enable them to put in place a home programme until the child starts school. My Department has also put in place a number of early intervention classes. In school, depending on each child's abilities, there are options of mainstream, special class placement or a special school placement where children have access to fully qualified teachers, special needs assistant support, assistive technology and specialist equipment if required. Special school transport is also available. Teachers have been, and continue to be, trained in a wide range of autism-specific interventions including TEACCH, PECS and ABA.

There is now a nationwide network of autism-specific education places in place with over 275 special classes approved. This network has been the culmination of much work including the consideration of the available research, the Task Force Report, advice from autism experts, NEPS and the Inspectorate on the provision of education for these children who have such individual needs.

The Deputy will be aware that my colleague, Jimmy Devins T.D., is the Minister of State for Disability and Mental Health. A key role of the Office for Disability and Mental Health is, through formal interdepartmental links, to facilitate the delivery of integrated health and education support services for all children with special needs, including those with autism.

Schools Building Projects.

Brian Hayes

Question:

144 Deputy Brian Hayes asked the Minister for Education and Science her plans to provide new premises for a school (details supplied) in Dublin 1; and if she will make a statement on the matter. [8209/08]

The school in question has an application with my Department for a new school building. The school is currently located in temporary accommodation in the Dublin 7 area. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

School Accommodation.

P. J. Sheehan

Question:

145 Deputy P. J. Sheehan asked the Minister for Education and Science the status of an application by a national school (details supplied) in County Cork to build additional classrooms; when she expects the application process to be completed and building contracts to be awarded; when she expects these classrooms to be available for use by the children of the school; and if she will make a statement on the matter. [8213/08]

Jimmy Deenihan

Question:

151 Deputy Jimmy Deenihan asked the Minister for Education and Science when the technical assessment of the existing accommodation at a school (details supplied) will be carried out, in order to best provide for the schools future accommodation needs; and if she will make a statement on the matter. [8283/08]

I propose to take Questions Nos. 145 and 151 together.

An application for capital funding towards the provision of an extension at the school to which the Deputy refers was received and assessed. The long term projected staffing, on which the future accommodation needs of the school will be based, has been determined and notified to the school authority.

In order to determine how best to provide for the school's accommodation needs into the future, it will be necessary to have a technical assessment of existing buildings carried out. Officials from my Department will be in contact with the school authority to arrange a date in due course.

Schools Building Projects.

Olwyn Enright

Question:

146 Deputy Olwyn Enright asked the Minister for Education and Science the progress of building works at a school (details supplied) in County Offaly; and if she will make a statement on the matter. [8218/08]

Olwyn Enright

Question:

147 Deputy Olwyn Enright asked the Minister for Education and Science the position regarding a building project at a school (details supplied) in County Offaly; and if she will make a statement on the matter. [8221/08]

I propose to take Questions Nos. 146 and 147 together.

The schools referred to by the Deputy are two of four schools that make up the First Bundle of the Department's current Public Private Partnership Programme. This bundle consists of two new schools in Portlaoise, Co. Laois and two new schools in Co. Offaly. The two schools in Portlaoise will be built on the one site — St. Mary's CBS, and Scoil Chríost Rí and the two schools in Co. Offaly which are the subject of the Deputy's questions comprise of a new community school and a new community college.

Macquarie Partnership for Ireland (MPFI) has been selected as the preferred tenderer for the provision of this Bundle. Negotiations between the National Development Finance Agency (NDFA), who are responsible for the procurement of the schools, and MPFI are well advanced. Assuming a successful conclusion to these negotiations MPFI will be in a position to submit planning applications for all four schools to the relevant local authorities, and that the contract will be ready for signing on receipt of planning permission. Subject to the outcome of the planning process with the relevant authorities, construction of the four schools is expected to start in the summer and it is anticipated that they will be available before the end of 2009.

Timmy Dooley

Question:

148 Deputy Timmy Dooley asked the Minister for Education and Science the status of the proposed capital works project at a school (details supplied) in County Clare. [8224/08]

The project to which the Deputy refers is currently at stage 4/5 of architectural planning. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in this context.

On 1 February, I announced a list of schools which are due to go to construction in 2008. It is also my intention to make a further announcement after Easter to allow a further batch of schools to commence construction and to update progress on the new schools planned for September 2008 delivery in developing areas.

School Accommodation.

Ruairí Quinn

Question:

149 Deputy Ruairí Quinn asked the Minister for Education and Science the number of prefabricated classrooms installed in schools during 2007; the average cost per prefabricated classroom; and if she will make a statement on the matter. [8261/08]

The information sought by the Deputy is not readily available. While comprehensive information is held on individual school files, the Department does not yet have these details available in a format that provides readily accessible cumulative information on the overall position. It is, however, intended to address this issue as part of a general review of rental policy that is currently being undertaken. I assure the Deputy that every effort is made by the Department to keep expenditure on prefabricated accommodation as low as possible.

Where accommodation is needed at very short notice, however, a temporary solution can be the only option. Such accommodation may also be used where the need is short-term, such as when a school requires a temporary building while it is awaiting the completion of construction of permanent facilities. Last year, only 5% of the total investment in school buildings went on the rental of temporary accommodation. This year nearly €600 million will be invested in school buildings and construction work will take place which is expected to provide permanent accommodation for about 20,000 pupils when complete. The Deputy will be aware that in the past newly-recognised schools have generally had to open in temporary accommodation. I have been anxious to move away from this approach in developing areas and this year we are working hard to open as many new schools as possible in permanent accommodation.

Department officials have been working in partnership with local authority staff to acquire sites needed for new schools next September. Considerable effort has also been invested in pre-planning discussions with a view to ironing out any difficulties that might otherwise have been experienced at planning permission stage. I also held very productive meetings with a number of county managers and their senior planners and appreciate the effort that they have put into working with us on this. Sites for each of the September 2008 projects have been identified and site master-plans have been developed by the technical teams.

Our aim, where possible, is to put permanent solutions in place on a phased basis to meet the immediate September 2008 needs with a second phase to follow as required. Permanent solutions will be possible where a long-term site has been secured. A significant amount of building work on the new schools is being done off-site. The successful tenderers for the construction of each individual project have been notified. Project teams which were recruited from the private sector in October 2007 have been tasked with preparing the planning applications, undertaking the necessary surveys and overseeing the delivery of the schools on each site.

To conclude, expenditure on temporary accommodation has tended to represent a very small proportion of the overall investment in school buildings in recent years. The use of prefabs is avoided where possible but sometimes they can be the only feasible option. And we are now working to ensure that, where possible, new schools in developing areas will open in permanent accommodation from the start.

Ruairí Quinn

Question:

150 Deputy Ruairí Quinn asked the Minister for Education and Science the number of permanent classrooms built in schools during 2007; the average cost per classroom of these projects; and if she will make a statement on the matter. [8262/08]

During 2007 over 300 additional permanent classrooms were completed while construction work was underway to deliver up to a further 400 additional permanent classrooms. Under the Permanent Accommodation Scheme an allocation of €120.000 is provided for an additional permanent classroom, however costs may be higher in the event of difficult site conditions or planning permission conditions. As the provision of classrooms in large scale new school and extension projects represents only part of an overall project, costings on classrooms in such instances are unique to each project.

Question No. 151 answered with Question No. 145.

Schools Amalgamation.

Jimmy Deenihan

Question:

152 Deputy Jimmy Deenihan asked the Minister for Education and Science if the assessment of projected enrolment trends, demographic trends and housing developments has been completed in the case of the amalgamation of schools (details supplied) in County Kerry; when the project will move onto the next stage of planning; and if she will make a statement on the matter. [8284/08]

An assessment of projected enrolment trends, demographic trends and housing developments to determine the long term projected staffing for the project to which the Deputy refers is on-going. When this matter has been finalised progress on the building project itself will be considered in the context of the multi-annual School Building and Modernisation programme.

Schools Building Projects.

Dinny McGinley

Question:

153 Deputy Dinny McGinley asked the Minister for Education and Science the number of schools in south west Donegal who applied for a grant under the devolved schools scheme; the number of applications outstanding; when it is expected that allocations will be made; and if she will make a statement on the matter. [8291/08]

Decisions regarding the allocation of funding in respect of the devolved scheme referred to by the Deputy will be taken in due course, in the context of my Department's School Building and Modernisation Programme.

Vocational Training Opportunities Scheme.

Dan Neville

Question:

154 Deputy Dan Neville asked the Minister for Education and Science when the meal and travel allowance for students attending the VTOS course in a centre (details supplied) in County Limerick will be increased to at least €20 per week as the current rate of €4 per week is outdated. [8292/08]

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.

Schools Building Projects.

Willie Penrose

Question:

155 Deputy Willie Penrose asked the Minister for Education and Science the position in relation to an application for the erection of a new primary school at Rathwire, Killucan, County Westmeath; the stage same is at; and if she will make a statement on the matter. [8350/08]

The Department is aware of the current and planned housing developments for the area to which the Deputy refers and that additional accommodation will be required to cater for a consequential increase in enrolments.

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 that band rating. This is the case for the project in question.

The new National Development Plan (NDP) includes funding of €4.5 billion for investment in school building infrastructure. 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.

Thomas P. Broughan

Question:

156 Deputy Thomas P. Broughan asked the Minister for Education and Science the progress made to provide a much needed new school building at a school (details supplied) in Dublin 5. [8358/08]

The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

The progression of all school building projects, including the one in question, will be considered in this context.

The new National Development Plan (NDP) includes funding of €4.5 billion for investment in school building infrastructure. 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.

Thomas P. Broughan

Question:

157 Deputy Thomas P. Broughan asked the Minister for Education and Science the level of progress regarding the proposed building project at a school (details supplied) in Dublin 5; and if she will make a statement on the matter. [8359/08]

The building project for the school referred to by the Deputy is at stage 3 (i.e. Developed Sketch Scheme) of the architectural planning process. This stage has been received and reviewed in my Department. Additional information is being sought from school's Design Team. As soon as this information has been received a review meeting will be organised between the Board of Management, it's Design Team and the Department to assess the submission.

Further progress on the project will then be considered in the context of my Department's multi-annual School Building and modernisation Programme.

Deirdre Clune

Question:

158 Deputy Deirdre Clune asked the Minister for Education and Science if a school (details supplied) in County Cork is considered by her Department to be in a rapidly developing area; and if she will make a statement on the matter. [8365/08]

The area to which the Deputy refers is not currently designated as a rapidly developing area by my Department.

As the Deputy will probably be aware, the particular emphasis for my Department's Building Programme in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

The progression of all school building projects, including the one in question, will be considered in this context.

Schools Refurbishment.

John O'Mahony

Question:

159 Deputy John O’Mahony asked the Minister for Education and Science the funding in place for schools in County Mayo for them to upgrade their outdoor play areas; and if she will make a statement on the matter. [8367/08]

The scope of works to which the Deputy refers would ordinarily be appropriate for consideration under the Summer Works Scheme. As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of €300 million have been completed.

Considerable extra investment has been provided in the Budget to increase funding for school buildings to almost €600 million this year. With so many small projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Summer Works Scheme as part of my Department's building programme this year.

Primary school authorities may, however, use their annual minor works grant to address the type of works to which the Deputy refers. In November 2006 I increased funding for the minor works grant by 44% on the previous year. Around €27m was paid out to primary schools throughout the country late last year to enable thousands of small scale works to be completed without the need to interact with my Department.

School Accommodation.

Pat Breen

Question:

160 Deputy Pat Breen asked the Minister for Education and Science the status of an application for a school (details supplied) in County Clare; and if she will make a statement on the matter. [8375/08]

I can confirm to the Deputy that the school to which he refers has applied to my Department for temporary accommodation. The application is being assessed and a decision will issue to the school authority as soon as possible.

Schools Building Projects.

Pat Breen

Question:

161 Deputy Pat Breen asked the Minister for Education and Science the status of an application for a school (details supplied) in County Clare; and if she will make a statement on the matter. [8376/08]

The project to which the Deputy refers is currently at stage 4/5 of architectural planning.

The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

The progression of all school building projects, including the one in question, will be considered in context.

On 1 February, I announced a list of schools which are due to go to construction in 2008. It is also my intention to make a further announcement after Easter to allow a further batch of schools to commence construction and to update progress on the new schools planned for September 2008 delivery in developing areas.

Computerisation Programme.

Enda Kenny

Question:

162 Deputy Enda Kenny asked the Minister for Education and Science the allocation of money made in 2006 and 2007 for the purpose of the provision of a computer room at a school (details supplied); the allocation of money made available for the purchase and provision of computers to equip this room in 2006 and 2007; the moneys she will make available in 2008 for further provision of computers for this computer room; and if she will make a statement on the matter. [8377/08]

The two major investment priorities under the ICT in Schools Programme over the past few years have been the provision of grant aid to schools to develop their computer networks and the establishment of the Schools Broadband Network and the provision of broadband access to schools.

The school in question received a grant of €11,500 under the ICT in Schools Programme to develop its internal networking facilities and the school has confirmed its expenditure of this grant in 2006. The school has also been provided with broadband connectivity under the Schools Broadband Access Programme.

I am aware of the benefits that good use of ICT can bring to our children's education and I am conscious of the need for further investment to realise the full potential of integrating ICT into teaching and learning. As the Deputy will be aware, the Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy which will be underpinned by the investment of €252m which is provided for in the National Development Plan 2007-2013. I have appointed a Strategy Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements.

I will be shortly publishing the report of the Strategy Group together with my implementation plan.

Schools Building Projects.

Darragh O'Brien

Question:

163 Deputy Darragh O’Brien asked the Minister for Education and Science the progress regarding the provision of a new school for a school (details supplied) in County Dublin; the stage the project is at; the expected time scale for the delivery of this new school; and if she will make a statement on the matter. [8380/08]

A revised technical submission for the project to which the Deputy refers is currently being examined by my Department's technical staff.

The progression of all large-scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

The progression of all school building projects, including the one in question, will be considered in this context.

Physical Education Facilities.

David Stanton

Question:

164 Deputy David Stanton asked the Minister for Education and Science her plans to initiate a financial support package aimed at introducing primary school children to swimming as outlined in the Agreed Programme for Government; the amount she plans to make available through such a package in 2008; and if she will make a statement on the matter. [8518/08]

The commitment referred to by the Deputy is in the sports chapter of the Programme for Government and the Government is committed to implementing it by 2012.

The curriculum in Physical Education at Primary level provides for activity across six strands, athletics, dance, gymnastics, games, outdoor and adventure activities and aquatics. Five of the strands are outlined for implementation at all levels from junior infants to sixth class, while the aquatic strand is outlined for implementation at any one of the class group levels or over a number of levels.

The Physical Education curricula at both primary and second level have been developed on the understanding that facilities available to schools vary. Consequently, they offer a level of flexibility that allows each individual school to design a programme that can be delivered using the resources and supports available to it.

Schools can use their capitation funding to pay for swimming lessons. The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation grant has been increased from €57.14 per pupil to €178.58 with effect from 1st January, 2008. This represents an increase of over 212.5% in the standard rate of capitation grant since 1997. This year, schools are getting €15 more per child than they got in 2007.

Enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €457 to €880 per pupil.

Under the Programme for Government, we are committed to doubling the standard capitation grant for primary schools over the next five years.

Vocational Training Opportunities Scheme.

Enda Kenny

Question:

165 Deputy Enda Kenny asked the Minister for Education and Science if, in respect of flexibility for adults returning to education, she will make arrangements to consider applicants for VTOS courses who have not been in a position to sign on for unemployment assistance for a six month period; and if she will make a statement on the matter. [8521/08]

The Vocational Training Opportunities Scheme (VTOS) was introduced in 1989 to encourage people in receipt of unemployment payments to return to education and training. VTOS courses are full-time and can last up to two years.

Over the following years, the Scheme was opened up to people in receipt of other payments, such as single parent allowances and illness benefit, disability allowance and invalidity pension. The requirement of a six month minimal qualifying period continued to apply.

There are currently 5,000 approved places for the Scheme. As the programme was designed for long-term unemployed people who have had minimal or no qualifications, and as demand for places at present exceeds supply, there are no plans to change the qualifying conditions for VTOS.

It is open to persons who wish to return to education who are not eligible to enrol on the VTOS to apply for a place on the Back to Education Initiative (BTEI). The BTEI provides part-time Further Education programmes for young people and adults. The aim is to give participants an opportunity to combine a return to learning with family, work and other responsibilities.

Higher Education Authority.

Enda Kenny

Question:

166 Deputy Enda Kenny asked the Minister for Education and Science if, under Section 9 of the Universities Act 1997, a deciding authority has to take cognizance of Government policy; and if she will make a statement on the matter. [8522/08]

Section 9 of the Universities Act, 1997 provides that the Government may appoint a body, which will include national and international experts to advise the Higher Education Authority on whether, having regard to the objects and functions of a university, an educational institution should be established as a university. On the advice of the body and the recommendation of the Authority, the Government may, by order, provide that the institution shall be a university for the purposes of this Act.

Overseas Missions.

Rory O'Hanlon

Question:

167 Deputy Rory O’Hanlon asked the Minister for Defence the number of UN peace support operations worldwide in which the Irish Defence Forces participated; and if he will make a statement on the matter. [8216/08]

Ireland has a long and honourable history in providing personnel to support peacekeeping operations throughout the world. This year marks the fiftieth anniversary of Ireland's first participation in a United Nations peacekeeping mission.

A central tenet of Irish foreign policy is support for the multilateral system of collective security represented by the United Nations. In this regard, Ireland has worked to uphold the primary role of the Security Council in the maintenance of international peace and security. This commitment has found expression in Ireland's longstanding tradition of participation in UN peacekeeping operations. Ireland has participated continuously in UN peacekeeping operations since 1958, a service which has comprised more than 56,000 individual tours of duty and involved 54 missions. The Defence Forces have served all over the world in Europe, Africa, the Middle East, the Far East and South America with UN or UN authorised missions. Currently, Ireland has a total of 474 Defence Forces personnel serving overseas with 14 different missions.

Pension Provisions.

Róisín Shortall

Question:

168 Deputy Róisín Shortall asked the Minister for Defence if he will clarify the pension record of a person (details supplied) in Dublin 11 and the pension entitlement of this person’s spouse. [8269/08]

The matter is being examined at present and I will be in touch with the Deputy as soon as possible.

Drugs in Prisons.

Catherine Byrne

Question:

169 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform if an evaluator has been appointed to carry out a review of the prison strategy, as detailed in the National Drugs Strategy Critical Implementation Path (details supplied); when this review will be published; and if he will make a statement on the matter. [8228/08]

The Irish Prison Service is currently rolling out its Drugs Policy and Strategy, entitled Keeping Drugs out of Prison. This drugs strategy was launched in May 2006 and significant progress has been made to date in its implementation. Mechanisms for the monitoring and evaluation of the Policy and Strategy are being developed as it is rolled out.

Residency Permits.

Joe Costello

Question:

170 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will respond to correspondence from a person (details supplied); and if he will make a statement on the matter. [8214/08]

I am informed by the Immigration Division of my Department that an application from the person concerned for residence in the State based on EU Treaty Rights was received on 4th February 2008. Subsequent correspondence dated the 13th February from the applicant was also received relating to his application. The status of the applicant cannot be determined until his application is fully processed. The statutory time frame for issuing a decision in EU Treaty Rights applications is six months from the date of receipt. The applicant cannot enter employment until such time as he is issued with a positive decision.

Asylum Applications.

Joe Costello

Question:

171 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will respond to the case of a person (details attached) in Dublin 1; and if he will make a statement on the matter. [8215/08]

The person referred to applied for asylum on 19 June 2006. He was provided with accommodation in Dublin to facilitate the processing of his asylum application by the Office of the Refugee Applications Commission (ORAC) and subsequently by the Refugee Appeals Tribunal (RAT). The person has since initiated a judicial review of the process and, as a result, there is no immediate prospect of his case being brought to a conclusion. Consequently, there is no longer a requirement for his continued accommodation in Dublin and he was transferred, in accordance with the standard dispersal policy under the Direct Provision system, to Lisbrook accommodation centre in Galway city on 12 February, 2008.

To put this case in context, accommodation in Dublin centres is reserved in the main for newly arrived asylum seekers; asylum seekers whose asylum applications are being processed through the accelerated procedure process; and other asylum seekers who require special processing arrangements. The requirement to be initially accommodated in Dublin is to facilitate interviews and associated scheduling, medical screening, registration for direct provision allowance and other procedural requirements. Dispersal of asylum seekers from Dublin centres is critical to the asylum process and is a key part of the remit of the RIA.

Asylum Support Services.

Róisín Shortall

Question:

172 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform his intentions to increase the rate of the direct provision allowance; and if he will make a statement on the matter. [5262/08]

The Direct Provision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers in the period during which their applications for asylum are being processed. This system provides asylum seekers with full board accommodation free of utility or other costs.

In addition to meeting these basic living costs, a Direct Provision allowance of €19.10 per adult and €9.60 per child was introduced some years ago and is paid by Community Welfare Officers (CWO's), operating under the aegis of the Department of Social and Family Affairs. CWO's also have discretion to make once-off exceptional needs payments in relation to, for example, back to school clothing. The Direct Provision allowance seeks to reflect the value of the above-mentioned services to the asylum seeker and there are no plans to increase the allowance. It should also be noted that asylum seekers in Direct Provision also qualify for medical cards and can access the public health service in the same way as an Irish citizen and that children are entitled to free education at Primary and Post-Primary level.

Garda Reserve.

Paul Connaughton

Question:

173 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the number of Garda Reserve members who are currently employed in County Galway; the number who have successfully applied for An Garda Síochána; the number of Garda Reserve members currently in training; and if he will make a statement on the matter. [8352/08]

The number of Garda Reserve members employed in the Galway West Division as at 31st January 2008 was 14. Up to the 31st January 2008, a total of 217 people had been fully attested as Garda Reserve members. In addition, a further 74 people were in training. Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken.

Crime Levels.

Paul Connaughton

Question:

174 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the spate of larceny in the south Galway area, in particular the theft of car livestock trailers; the number that have been reported missing to the Garda; and if he will make a statement on the matter. [8354/08]

I am informed by the Garda authorities that incidents of theft of livestock trailers in the South Galway area are the subject of ongoing Garda investigations. One person has been arrested, and an investigation file is being prepared for submission to the Director of Public Prosecutions. Local Garda management has directed frequent mobile patrols by uniformed and plain clothes personnel, supplemented by the Divisional Traffic Corps and Task Force Units, in the area concerned. In addition, close liaison is maintained with adjoining Divisions, including the exchange of information and intelligence gathered during such patrols. All operations and initiatives are reviewed on a regular basis and adjusted as local circumstances dictate.

In addition, local Garda management have undertaken a number of initiatives, under Operation Anvil, targeting criminals travelling through the Division. These include additional patrolling of identified isolated locations and targeted checkpoints, involving uniformed and armed plain-clothes personnel, at strategic locations. Crime prevention and security advice is also provided by the Divisional Crime Prevention Officer who makes regular presentations to various community-based groups, including Community Alert groups and meetings of the Irish Farmers Association. These presentations address local matters including crime prevention and security advice, particularly in respect of farm equipment, valuable livestock and trailers. Local media outlets area are also utilised to provide crime prevention advice, as well as requests for witnesses to come forward.

Residency Permits.

Damien English

Question:

175 Deputy Damien English asked the Minister for Justice, Equality and Law Reform when his Department will decide on an application by a person (details supplied) in County Meath for renewal of permission to remain in the State; and if he will make a statement on the matter. [8378/08]

The person in question submitted an application to my Department for renewal of permission to remain in the State based on their parentage of their Irish born child under the terms of the IBC/05 scheme. Processing of the application has been completed and the renewal documentation will issue shortly.

Public Order Offences.

Finian McGrath

Question:

176 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the position regarding an issue (details supplied). [8383/08]

I am informed by the Garda authorities that the location referred to is in the Clontarf Garda sub-District and is patrolled by foot and mobile patrols from that Garda station.

I am further informed that local Garda management is aware of a number of incidents of public disorder in the area concerned.

Additional Garda patrols, including patrols by the District Detective and Drug Units, the Community Policing Unit and the Mountain Bike Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel, have been directed to pay particular attention to this area, with a view to ensuring a visible Garda presence. I am informed that these initiatives appear to be having a positive result.

Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Residency Permits.

Olivia Mitchell

Question:

177 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if he will respond to the long-term residency application from a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [8386/08]

The position in relation to granting long-term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long-term residency from the person referred to by the Deputy was received in November 2006. I understand that applications received in July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Olivia Mitchell

Question:

178 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the length of the typical wait for a decision on a long-term residency application following the completion of the statutory period of five years legal residency; and if he will make a statement on the matter. [8387/08]

Long-term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand that applications received in July 2006 are currently being dealt with.

Succession Rights.

James Bannon

Question:

179 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the reason a legacy left under the provision of a legally executed will to a person who predeceased the signatory (details supplied) should revert the State, rather than being considered the inheritance of the next of kin of the intended beneficiary. [8389/08]

Section 91 of the Succession Act 1963 provides that, unless a contrary intention appears from the will, in cases where a gift under a will fails to take effect for any reason, e.g. because the intended beneficiary did not survive the testator, and the property is not otherwise disposed of, it falls into the residue and passes with any residuary gift contained in the will. Where there is no residuary gift provision in the will, the estate is distributed under the intestacy rules set out in Part VI of the 1965 Act.

Section 73 of the 1965 Act provides that in default of any person taking the estate of an intestate person, under the provisions of Part VI of the Act or otherwise, the State shall take the estate as ultimate intestate successor. However, section 73 also provides that the Minister for Finance may waive the right of the State under this section in favour of such person, and upon such terms, as he thinks proper having regard to all the circumstances of the case. The Deputy will appreciate that I can make no comment in relation to specific cases.

Residency Permits.

Richard Bruton

Question:

180 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the procedures in place for persons claiming residency once they have been here five years; the waiting time in relation to same; if priority is given to persons who are seeking to establish a business but need certainty of status before gaining finance; and if he will make a statement on the matter. [8392/08]

Long-term residency is an administrative scheme that was introduced in May2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

I understand that applications received in July 2006 are currently being dealt with. Applications are generally dealt with in chronological order which is deemed fairest to the applicants.

Asylum Applications.

Bernard J. Durkan

Question:

181 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant indefinite residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8393/08]

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 recommendation of the Refugee Applications Commissioner.

Deportation Orders.

Bernard J. Durkan

Question:

182 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the circumstances in relation to the case of a person (details supplied); if an effort has been made to follow up on their welfare and well-being since their deportation; if there is information regarding their welfare; and if he will make a statement on the matter. [8394/08]

The person concerned arrived in the State on 5 September 2002. She claimed asylum on 1 October 2002 and 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.

The person concerned was informed by letter dated 19 November 2004 that the Minister proposed to make a Deportation Order in respect of her and afforded her three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported.

Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on her behalf for permission to remain in the State. On 4 May 2005 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Tuesday 7 June 2005 in order to make travel arrangements for her removal from the State. She presented as required and given further presentation dates which she kept. On 5 July 2005, she was removed from the State to Nigeria.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 (6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a deportation order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources, including the United Nations High Commission for Refugees (UNHCR), in evaluating the safety of making returns to Nigeria and other third countries. In this case, I am entirely satisfied that there were no refoulement related reasons to prevent the deportation of the person concerned.

Further, I am satisfied that the applications made by the person concerned for asylum and subsequently for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her was justified.

Citizenship Applications.

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected naturalisation will be completed in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [8395/08]

I refer the Deputy to my reply to Parliamentary Question 1249 on 30 January 2008. The position remains as stated.

Asylum Applications.

Bernard J. Durkan

Question:

184 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [8396/08]

The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of this Parliamentary Question, I will deal with the two cases as one.

Both of the persons concerned arrived in the State on 17 August 2004 and applied for asylum the following day. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The persons concerned then lodged Judicial Review Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal to reject their asylum appeals. These Proceedings were successful. The persons concerned were afforded a re-hearing of their cases by the Refugee Appeals Tribunal. The re-hearing took place but again the Tribunal concluded that the persons concerned did not meet the criteria for recognition as refugees.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both were informed, by separate letters dated 20 February 2008, that the Minister proposed to make deportation orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, both were separately notified of their entitlement to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October 2006. Both of the persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications has been completed, the persons concerned will be individually notified, in writing, of the outcome.

In the event that the Subsidiary Protection applications are refused, the individual case files of the persons concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case files of the persons concerned will be passed to me for decision.

Community Service Orders.

David Stanton

Question:

185 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to introduce a community payback scheme that will require prisoners who are not subject to automatic long prison terms to provide real services for the community that they have damaged; the time scale for the introduction of such a scheme as outlined in the Agreed Programme for Government; and if he will make a statement on the matter. [8519/08]

The Deputy will be aware that under the Criminal Justice (Community Service) Act, 1983, a Court may make a Community Service Order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the Order being made. The Community Service Order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a Community Service Order is to rehabilitate the offender through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime. The Probation Service of my Department has responsibility for the supervision and management of Community Service Orders.

The Programme for Government provides for a Community Pay Back Scheme which will build on the Community Service Scheme, currently the subject of a Value for Money and Policy Review by an Independent Evaluator.

The findings of that Review, which will be available mid year, will influence how best to progress this aspect of the Programme for Government currently under examination by my Department.

Garda Deployment.

David Stanton

Question:

186 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to conduct a regular detailed analysis of the Garda to population ratios to ensure every region of the country has appropriate policing as outlined in the Agreed Programme for Government; the time scale for same; and if he will make a statement on the matter. [8520/08]

It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities.

The attested strength of An Garda Síochána as at the 31 January 2008, the latest date for which figures are readily available was 13,732. In addition 1,310 student Gardaí were at various stages of their training on that date making a total of 15,042. The attested personnel strength of the Garda Reserve as at 31 January 2008 was 206 with a further 71 in training.

It is anticipated that approximately 1,100 Student Gardaí will be attested to the Force during 2008.

The significant increase in the strength of the Garda Síochána has meant that, despite the increase in population, the ratio of Garda to population has increased significantly.

Community Wardens.

David Stanton

Question:

187 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the progress in extending the pilot scheme of community wardens; the number of community wardens currently; and if he will make a statement on the matter. [8516/08]

The pilot community warden service, which was established in five local authorities in 2002, has since been placed on a permanent footing. There are currently 45 warden posts across these authorities. Following a process of adjudication, the practical issues concerning the extension of the service to other local authorities have recently been settled. Accordingly it is now open to other local authorities to introduce the scheme, having regard to local circumstances.

Water and Sewerage Schemes.

P. J. Sheehan

Question:

188 Deputy P. J. Sheehan asked the Minister for the Environment, Heritage and Local Government if his Department has received a revised preliminary report from Cork County Council regarding the need for improvement works to the sewage system for the Courtmacsherry area of County Cork; if he will confirm that funding is available for improvement works to this area; the works involved and the expected time scale for completion for these works; and if he will make a statement on the matter. [8217/08]

The Courtmacsherry/Timoleague Sewerage Scheme, which will provide a new wastewater treatment plant in Courtmacsherry and upgrade the collection systems in both villages, has been included in my Department's Water Services Investment Programme 2007 – 2009 as a scheme to start construction in 2009 at an estimated cost of €2.47m. My Department is awaiting submission of Cork County Council's revised Preliminary Report for this scheme.

Waste Management.

Michael Ring

Question:

189 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government his plans in relation to education and the explanation of EU directives in relation to waste here. [8241/08]

The Race Against Waste Campaign, which commenced in 2003, has been the most extensive waste information campaign ever run in Ireland.

The campaign combined a multi-media national awareness campaign and a supporting communications strategy which aimed to stimulate the prevention, reduction, reuse and recycling of waste. It featured initiatives and practical measures that could be taken by individuals and businesses in helping to solve waste management problems.

The campaign directly engaged specific audiences who are creating waste — communities, businesses, large organisations and homes — with the objective of improving environmental behaviour.

It provided advice and information directly to the public through a lo-call telephone line and e-mail; ran a programme of action for businesses, including nationwide seminars; and informed the public through on-going public relations and advertising campaigns.

The main campaign concluded in October 2006 but certain elements have continued and a number of initiatives under the Race Against Waste campaign have been undertaken since then.

My Department also provides significant funding to the Green Schools Initiative which is administered by An Taisce. The programme encourages environmentally sound waste management practices. Over 2,800 schools are participating in the programme which represents 65% of all schools in the State.

Aspects of waste management will also be addressed as part of the Government's new major communications and public awareness campaign focusing on climate change.

My Department constantly assesses the need for additional awareness initiatives in relation to waste issues, including the need to raise awareness of policy development at national and EU levels.

Building Regulations.

Thomas P. Broughan

Question:

190 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the measures he is taking, in conjunction with the Dublin City and Fingal county managers, to address ongoing serious problems with recently constructed homes (details supplied) in Dublin 13. [8360/08]

I refer to the reply to Question No. 397 of 19 December, 2007.

As indicated in that reply, the certification of products is the responsibility of the National Standards Authority of Ireland (NSAI). When the issue of pyrite arose, and following an intervention from my Department, the NSAI moved quickly to reconvene their Aggregates Panel in order to give urgent consideration to publication of additional guidance in relation to appropriate protocols for testing underfloor infill material. My Department is represented on this Panel, as is the construction industry.

Following a public consultation process, the National Standards Authority of Ireland (NSAI) has now published a new Standard Recommendation, which is a definitive amendment to SR 21 — Guidance on the use of (Irish Standard) I.S. EN 13242:2002 — Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction, and incorporating amendment 1:2007. The Standard Recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes insofar as problems relating to pyrite are concerned. It is now my intention to adopt this NSAI Standard Recommendation in the relevant Technical Guidance Document to the Building Regulations.

The national Building Regulations set out the legal requirements for the construction of houses. The related Technical Guidance Documents (TGD) provide technical guidance on how to comply with the Regulations. Responsibility for compliance with the Building Regulations rests with the builder and the owner of the building.

Enforcement is a matter for the 37 local Building Control Authorities, which are empowered to carry out inspections and initiate enforcement proceedings, when considered necessary. I understand that Fingal County Council has been in direct contact with the developers and the quarry concerned in relation to problems encountered following the use of pyrite as an underfloor infill material in certain developments.

Having consulted the statutory Building Regulations Advisory Body, my Department issued a circular letter, BC 6/2007, to each County Manager and local Building Control Authority, on 16 August 2007, to bring the issue to their notice and to request their co-operation in the enforcement of the relevant requirements. The Circular letter also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter.

Any problems arising between home owners and their builders are ultimately matters for resolution between the parties concerned — the homeowner, the relevant developer and the builder's insurer. Where the construction of a house is the subject of a contract between the client and the builder, enforcement of this contract is a civil matter.

Departmental Bodies.

John Curran

Question:

191 Deputy John Curran asked the Minister for the Environment, Heritage and Local Government the number of members that currently sit on the board of the Private Residential Tenancies Board; when they were appointed and the different backgrounds they were appointed from; if there are currently vacancies on this board; the length of time these vacancies have existed; when he expects to fill such vacancies; the sectors from which new appointments to the board might come; and if he will make a statement on the matter. [8362/08]

The Board of the Private Residential Tenancies Board must number not less than nine and not more than fifteen members, including the Chairman. Board membership currently consists of thirteen people from legal, academic and relevant sectoral backgrounds, along with one local authority official and one official from my Department. Nine of the Board members were appointed on 28 October 2004, one member was appointed on 21 December 2007, and three members were appointed on 22 February 2008.

While there is scope for two possible further appointments arising from the expiration of the terms of office of outgoing members on 31 December 2007, the current Board membership exceeds the minimum number required under section 153 of the Residential Tenancies Act 2004. Any further appointments to the Board would be made in accordance with that section, which requires that members of the Board shall be persons who, in the Minister's opinion, have experience in a field of expertise relevant to the Board's functions and that the Minister shall, in so far as is practicable, ensure gender balance in appointing members.

Water and Sewerage Schemes.

Bernard J. Durkan

Question:

192 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when he expects to increase the capital allocation to the various local authorities throughout County Kildare to bring about the upgrading or replacement of the various sewage treatment plants with a view to eliminating the threat of pollution and meeting the requirements of the expanding population; and if he will make a statement on the matter. [8402/08]

A provision of €207m has been included for new water and wastewater infrastructure in County Kildare under my Department's Water Services Investment Programme 2007 — 2009 which I published in September 2007 and which is available in the Oireachtas Library. The schemes in the Programme are derived from the Assessment of Needs drawn up by Kildare County Council in 2006 at my Department's request and adopted by the elected members.

Environmental Policy.

Bernard J. Durkan

Question:

193 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he is satisfied that methane gas trapping at landfills throughout the country is in accord with his Department’s policies and monitored by the Environmental Protection Agency; and if he will make a statement on the matter. [8403/08]

Under Section 60(3) of the Waste Management Act, 1996 I am specifically precluded from any involvement in any matter for which a local authority or the EPA has statutory responsibility. This includes the waste licensing system for which the EPA is responsible, including licensing of landfills and the application of any criteria governing gas emissions.

Water and Sewerage Schemes.

Bernard J. Durkan

Question:

194 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when he expects the necessary remedial action to be concluded in the matter of methane gas emissions from the sewage treatment system at Leixlip, County Kildare; if his attention has been drawn to the ongoing existence of this problem and the public’s dismay at the fact that despite proposals and promises the nauseating odour continues; and if he will make a statement on the matter. [8404/08]

In July 2007, my Department approved Kildare County Council's proposals to carry out works to eliminate odours from the waste water collection system in Leixlip as an advance section of the Lower Liffey Valley Sewerage Scheme. I understand that the Council has now appointed a contractor and that work will commence shortly.

Waste Management.

Bernard J. Durkan

Question:

195 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of landfills currently in operation here; if it is his intention to continue with the use of landfills in the future; and if he will make a statement on the matter. [8405/08]

Landfills within individual local authority areas are developed and operated either by local authorities or private sector service providers. All are required to have a waste licence issued by the Environmental Protection Agency, which is statutorily independent of the Minister in discharging this function. My Department has no function in the provision or management of landfills. Data in respect of waste management, including in respect of the volume of waste sent to landfill, are published annually by the Agency in the National Waste Report.

Waste management policy is centred on the Government's continued support for the internationally recognised waste hierarchy which places major emphasis on the prevention, reuse and recycling of waste while minimising reliance on landfill and other disposal options. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years. It is likely that there will be a continuing need for landfill capacity to deal with residual waste that cannot be recycled or reused. The determination of the capacity required is a matter for each of the waste management planning regions.

Fire Service.

Bernard J. Durkan

Question:

196 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of part time and full time firemen currently employed here by the various local authorities; if he proposes to increase the number of full time staff or otherwise restructure the service; and if he will make a statement on the matter. [8406/08]

Information supplied by fire authorities indicates that, at 1 January 2007, the total number of full-time and retained personnel employed in the fire service as Fire-Fighter/Leading Fire-Fighter/Driver/Mechanic is 1,057 and 1,692 respectively.

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981.

The Department's role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding. Under the Fire Services Change Programme a Risk Based Approach to Fire Safety Management is being developed. When this system is available it will assist fire authorities in carrying out a risk analysis in their functional areas to inform the allocation of resources.

Questions Nos. 197 and 198 answered with Question No. 33.

Air Quality.

Bernard J. Durkan

Question:

199 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has studied air pollution reports from the various monitoring stations here; if these reports suggest particular measures that might be taken in cases where significant increases of pollutants are indicated; and if he will make a statement on the matter. [8409/08]

Air quality assessment is the responsibility of the Environmental Protection Agency and air quality management a matter for local authorities informed by air quality measurement data.

Where the indicative level for any pollutant is exceeded, the Air Quality Standards Regulations 2002 require the local authority concerned, following notification by the Agency, to develop a long-term air quality management plan to ensure compliance with the thresholds for the relevant pollutant or pollutants.

The EPA published its report on Air Quality in Ireland 2006 in October 2007. It contains details of the monitoring and assessment of national air quality, and incorporates data from all air quality monitoring stations operated by the EPA. Monitoring in 2006 showed that air quality in Ireland is good and complied with the air quality standards in force for all pollutants.

Questions Nos. 200 to 202, inclusive, answered with Question No. 41.

Illegal Dumping.

Bernard J. Durkan

Question:

203 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the measures he proposes to deter illegal dumping or fly tipping; and if he will make a statement on the matter. [8414/08]

Actions against illegal waste activity are a matter for the local authorities and the Office of Environmental Enforcement (OEE). I am satisfied that appropriate powers are available to these enforcement authorities. The 2005 report of the OEE, The Nature and Extent of Unauthorised Waste Activity in Ireland, identifies the unauthorised collection and fly-tipping of waste as one of the problem areas in regard to waste management which needs to be further tackled. The report draws attention to the measures already being taken, including the appointment of over one hundred additional enforcement officers across the local authorities funded by my Department, and the stepped up enforcement activity generally being led by the Office and the local authorities. The report also identifies additional actions which would further support the effort to stamp out this socially and environmentally unacceptable practice. The implementation of these actions is being coordinated by the OEE through its National Enforcement Network.

Waste Management.

Bernard J. Durkan

Question:

204 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his preferred options to meet waste management requirements; the extent to which he will put in place the necessary measures in the near future; and if he will make a statement on the matter. [8415/08]

The Programme for Government clearly sets out the approach to waste management that will be reflected in national policy in the years ahead. It is firmly grounded in a continuing commitment to the waste hierarchy with a renewed drive towards the achievement of international best practice in the reduction, re-use and recycling of our waste. This, coupled with an increasing emphasis on technologies for the mechanical and biological treatment of waste, will significantly reduce potential reliance on landfill and incineration. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years.

To assist the process of ensuring that our waste management system can act in support of these objectives my Department has initiated the major review of waste management policy foreseen in the Government's policy programme. This will be designed to support the necessary legal, institutional and policy framework to achieve international best practice in the management of our waste.

Inland Fisheries.

James Bannon

Question:

205 Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the number of pike removed from Lough Sheelin in 2007 by the Shannon Regional Fisheries Board using gill nets; the full cost to the fisheries board for this work; and if he will make a statement on the matter. [8211/08]

Under the Fisheries Acts, primary responsibility for the management, conservation, protection and development of inland fisheries stocks rests with the Central and Regional Fisheries Boards. As this is a day-to-day operational matter for the Shannon Regional Fisheries Board, I have no function in the matter.

Departmental Expenditure.

James Bannon

Question:

206 Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the amount of travel and subsistence payments paid to each member of the seven regional fisheries boards and to each of their Chief Executive Officers in 2006 and 2007; and if he will make a statement on the matter. [8212/08]

The payment of expenses to board members is a day-to-day operational matter for each of the regional fisheries boards and I have no function in the matter.

Telecommunications Services.

Michael Ring

Question:

207 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources when broadband will be available in the area (details supplied) in County Mayo particularly as the village was identified in 2005 in the broadband rural scheme; and if he will make a statement on the matter. [8219/08]

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

A project was approved under the second phase of the Group Broadband Scheme (GBS) for Aghamore, Tooreen and Kilkelly in County Mayo, with Westnet as the proposed service provider. However, the service provider did not proceed with this project due to implementation difficulties.

The GBS has now been superseded by the National Broadband Scheme (NBS) and the procurement process for this scheme is now 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 of County Mayo are met.

The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium.

Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced "Competitive Dialogue" with my Department and are developing their proposed solutions to meet my Department's requirements for the delivery of broadband to the unserved areas of Mayo. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with rollout to commence as soon as possible thereafter.

Electricity Generation.

Thomas P. Broughan

Question:

208 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 280 of 31 January 2008, the national surveys he is referring to; if the surveys are available to the public; if so, the locations where they are available for public inspection; and if he will make a statement on the matter. [8220/08]

The surveys referred to in my reply to Parliamentary Question No. 280 of 31 January 2008, are surveys undertaken some decades ago, prior to the selection of a suitable site for a pumped hydro facility and the commencement of works at Turlough Hill in 1968.

The studies were undertaken by ESB, which is best positioned to advise whether the studies can be made publicly available. The studies are not retained by the Department.

Telecommunications Services.

Jack Wall

Question:

209 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the position of the provision of broadband rollout in County Kildare and specifically in the Kilcullen, Calverstown, Ballyshannon and Brannockstown areas of the county; if all areas are within the last programme agreed with the providers; if so, when the rollout will take place; and if he will make a statement on the matter. [8222/08]

The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, 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, including any unserved areas in County Kildare, are met.

The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium.

Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced "Competitive Dialogue" with my Department and are developing their proposed solutions to meet my Department's requirements for the delivery of broadband to the unserved areas of Kildare. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with rollout to commence as soon as possible thereafter.

Departmental Projects.

Michael Ring

Question:

210 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources when he will make a decision on a project (details supplied) in County Mayo; and if he will make a statement on the matter. [8370/08]

The application is currently under consideration and I expect a decision on this matter will be made in the near future.

Postal Services.

David Stanton

Question:

211 Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources his plans to ensure that An Post addresses access issues at company owned post offices within two years, as outlined in the Agreed Programme for Government; and if he will make a statement on the matter. [8513/08]

The delivery of commitments by An Post in regard to access issues at company-owned post offices is an operational matter for the board and management of An Post and one in which I have no statutory function.

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