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Dáil Éireann debate -
Tuesday, 4 Mar 2008

Vol. 649 No. 1

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 7, inclusive, answered orally.
Questions Nos. 8 to 84, inclusive, resubmitted.
Questions Nos. 85 to 92, inclusive answered orally.

Proposed Legislation.

Aengus Ó Snodaigh

Question:

93 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if and when he will introduce legislation amending the provisions governing the operations of An Garda Síochána Ombudsman Commission. [8999/08]

In the context of improving the efficiency and effectiveness of the Garda Síochána Ombudsman Commission, there have been ongoing discussions between my Department and the Commission to make certain procedural and technical amendments in the Garda Síochána Act 2005. Indeed, I met with the Commission late last year and I indicated my broad approval for the preparation of the necessary legislative proposals in that regard.

I hope to bring those proposals to the Government for approval shortly.

Ciaran Lynch

Question:

94 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when he expects to publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; and if he will make a statement on the matter. [8971/08]

The Property Services Regulatory Authority Bill is currently being drafted and I intend to publish it as soon as possible this year. Because they provide property services, property management agents, together with auctioneers and estate agents, will be covered by the licensing system to be operated by the Property Services Regulatory Authority. The Authority is currently operating on a non-statutory basis but will be put on a statutory footing by the Bill.

As regards property management companies, the position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006. It identified a broad range of regulatory and other issues arising in relation to such developments, including problems relating to the structure and governance of property management companies and the manner in which company law currently applies to them.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain definitive reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action to be taken will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and administrative actions to be taken in response to the Commission's recommendations and to determine a timescale for their implementation. This committee is reporting to a Cabinet Committee whose membership comprises the Ministers for Justice, Equality and Law Reform, Environment, Heritage and Local Government, Enterprise, Trade and Employment and the Attorney General.

Drug Seizures.

Arthur Morgan

Question:

95 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform his views on the recent increase in the amount of heroin being seized in view of the fact that this is an indication of the increase in the amount of heroin making it into the market here; and his further views on whether the Garda have sufficient resources and are giving sufficient priority to tackling the supply of heroin. [9003/08]

Consideration of the issue of heroin misuse in Ireland needs to take place in the global context within which such misuse takes place.

The United Nations Office for Drugs and Crime estimates that 90% of the heroin which is consumed in the European Union originates from Afghanistan. The sharp increase both in cultivation and production of illicit opium poppy in Afghanistan, which in 2007, recorded its highest level ever continues to result in an increasing supply of the drug being available right across the European Union, including in Ireland. This development is reflected in the increasing level of seizures of the drugs which have been made by An Garda Síochána here in recent times.

I have been informed by the Garda authorities that An Garda Síochána seized approximately 128 kg of the drug in 2006, 125 kg of the drug in 2007 and that approximately 49 kg of the drug has already been seized for this year for the period January 1 to February 13, inclusive. I am advised that these statistics for 2007 and 2008 are provisional pending the publication of the Garda Annual Reports for the years in question.

Undoubtedly these are very significant volumes of the drug which have been seized by An Garda Síochána. In monetary terms this equates to heroin with a street value of approximately €60.5m being captured by the Gardaí and I warmly commend their ongoing work in this regard.

I am advised by the Garda authorities that this increasing level of heroin seizures is as a result of ongoing and intelligence-led operations specifically targeting those suspected of involvement in the importation and distribution of illegal drugs and that these operations have led to a number of very significant arrests in recent times of those involved in the drugs trade.

Of course this is an ongoing work in progress and the Government fully acknowledges that tackling the problem of drug trafficking remains an ongoing challenge to be faced with vigilance.

In terms of resources, as the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is and must remain the responsibility of Garda management to allocate personnel within the Garda organisation on a priority basis in accordance with overall policing requirements.

The Garda National Drugs Unit is the primary unit within An Garda Síochána charged with responsibility for drug supply law enforcement. As at 31 January 2008 the personnel strength of the Unit was 65.

Since the publication of the Government's National Drugs Strategy 2001-2008, Garda resources in the fight against illicit drugs have increased. This is particularly evident with the creation of additional Divisional Drug Units in areas of particular need. These Drugs Units operate in Divisions throughout the country with a primary focus on local drugs activities.

Both the Garda National Drugs Unit and the Divisional units are also supported in their work by officers from other national units such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. Furthermore, all Gardaí are tasked with confronting drugs related issues as they arise.

The assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. This takes place against the background of the unprecedented expansion of An Garda Síochána which has taken and will continue to take place increasing the overall strength of the Gardaí to 16,000. Additional Garda resources are coming on stream all the time, These additional human resources will facilitate the Garda Commissioner in the allocation of additional manpower to areas most in need, including areas with a significant drug problem.

Finally, I can assure the House that I will continue to keep the measures and resources for tackling all forms of drug trafficking, including the trafficking of heroin, under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

National Drugs Strategy.

Aengus Ó Snodaigh

Question:

96 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the reported comments of a person (details supplied) that moneys confiscated by the Criminal Assets Bureau should go to communities ravaged by drugs; and if he will consult with the Department of Finance with a view to putting arrangements in place to ring-fence such moneys in the future as additional funding for community development programmes in drug-ridden areas. [8998/08]

While I recognise the good faith in this suggestion, I do not envisage being in a position to accede to it. In particular, I am informed by the Minister for Finance, that in accordance with the requirements of Article 11 of the Constitution, revenue accruing to the State, including revenue which has been accumulated as a result of drug trafficking, which is seized by the Criminal Assets Bureau, is paid into the Central Fund. It is this Central Fund from which the Government draws for expenditure on all necessary public services and investment. I am further informed that there are no proposals at present to alter these arrangements.

With certain exceptions, it is believed that earmarking revenues for a specific expenditure programme would, in general, constrain the Government in the implementation of its overall expenditure policy.

A policy of ring-fencing monies obtained by the Exchequer and the reallocation of same for a specific purpose runs contrary to the normal Estimates process and could have far-reaching implications. The Constitution requires, and Government accounting principles provide, that public monies be spent only as voted or approved by Dáil Éireann unless otherwise provided by statute.

To agree that revenues secured through the Criminal Assets Bureau be allocated for drug victims, for example, would mean that the treatment of drug victims would be financed, in part at least, by uncertain and variable revenue sources. Furthermore, if certain revenues which are variable were earmarked for particular projects within the overall fight against drug abuse, any projects thus funded would be dependent on actual revenue collected from that source. To put it bluntly, this could mean that a fall in revenue generated by that source would lead to a fall in expenditure on such drug-related projects.

The Government is already allocating very considerable resources to a wide range of Government Departments and State Agencies as well as to the Community and Voluntary treatment sectors to tackle the issue of drug misuse. For example, in 2008 the Department of Community, Rural and Gaeltacht Affairs has been allocated €64.3 million for the expenditure subhead Drugs Initiative/Young Peoples Facilities and Services Fund. The vast bulk of this funding is committed by the Government in developing a comprehensive and co-ordinated response to the drugs problem at local levels.

I can assure the House that the Government remains firmly committed to the provision of significant funding to tackle the issue of drug misuse particularly in the areas where the problem is most acute.

Juvenile Offenders.

Michael Creed

Question:

97 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the aspects of the capital budget for juvenile justice that have been cut back in the current budget; and if he will make a statement on the matter. [9081/08]

The capital budget for the Irish Youth Justice Service, an executive office of my Department, is €9 million in 2008. This capital allocation is in respect of spending on the 4 children detention schools for which my Department assumed responsibility on 1 March of last year. The allocation for 2008 is required to fund a range of projects across the 4 schools and to begin to fund the development of new children detention facilities for which planning is expected to commence shortly. The Government's commitment to spending in this area is set out in the Programme for Government and the National Development Plan (NDP) 2007 to 2013 both of which have identified the development of children detention facilities as a priority. Exchequer and NDP funding of €144.8 million has been allocated over the period 2008-2012 and spending has been scheduled over this 5 year period.

Work has progressed on a number of capital projects since 1 March 2007 and it is anticipated that the 2008 allocation will be spent in full with further projects due to start this year. No project in the children detention schools has been put back or reduced in scale as a result of the budgetary process.

In 2006 an Expert Group was appointed to make recommendations in relation to the development of the children detention schools. The Group's first progress report was completed in December 2006 and the final report was submitted to my colleague, Brendan Smith T.D., Minister for Children, in December 2007. The Minister has given careful consideration to the recommendations of that report and has brought proposals to Government recently. I understand that the Expert Group's Report will be published shortly and my colleague will make an announcement on the matter in due course.

In the last year, since my Department assumed responsibility, expenditure in the detention schools provided for improved facilities to all of the schools. This will ensure the extended life and continued operation of the existing buildings pending plans for redevelopment. The ongoing projects include the construction of a swimming pool to replace a derelict facility on the Oberstown campus and the upgrading of sanitary facilities at the Trinity House School building.

Tribunals of Inquiry.

Thomas P. Broughan

Question:

98 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997 to date in 2008; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [8965/08]

The information sought by the Deputy has been compiled by my Department and, as it comprises a substantial amount of detail, is set out in a written Tabular format for ease of reference.

In summary, there have been eight instances involving the establishment of Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis since 1997. In addition, the costs associated with two inquiries under Section 8 of the Companies Act, 1990 initiated on the application of the Minister for Enterprise, Trade and Employment fell to be met, in the first instance, by my Department.

Of the eight examinations I have referred to, four have concluded their work. The Morris Tribunal, the Smithwick Tribunal, the Commission of Investigation into the handling of child sex abuse allegations against the Archdiocese of Dublin and the Commission of Investigation into the death of Mr. Gary Douch in Mountjoy prison are all continuing with their work.

The total cost of the eight examinations to date has been in the region of €67m.

The position with respect to Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis over the period referred to is set out below:

Name of Tribunal of Inquiry/Commission of Inquiry/Investigation

Terms of Reference

Cost/Cost to date

Date of Commencement

Date of completion/Projected date of completion

Enquiry by Mr. Justice Francis D. Murphy under the provisions of section 21 of the Courts of Justice (District Court) Act 1946

Enquiry regarding Judge O’Buachalla’s handling of the licensing of Jack White’s Inn in the name of Mrs. Catherine Nevin and the discharge of his judicial functions in certain cases brought before him by two Gardaí.

€670,000

April, 2000

Completed — November, 2000

Morris Tribunal

Tribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division.

€39.7m to end December, 2007

24 April, 2002

June, 2008

Barr Tribunal

Tribunal of Inquiry into the facts and circumstances surrounding the fatal shooting of John Carthy at Abbeylara, Co. Longford on 20 April, 2000.

€19.8 Million

July 2002

Completed — July 2006

Smithwick Tribunal of Inquiry

To inquire into the following definite matter of urgent public importance: Suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March, 1989; and to report to the Clerk of Dáil Éireann and to make such findings and recommendations as it sees fit in relation to these matters.

€3,396,528 (cost to date, as of 31 December, 2007)

31 May, 2005

Unknown, as the Tribunal will complete its work only upon the submission of its final report, the time frame of which cannot be projected given the nature of its work.

Hartnett Inquiry

Hartnett Inquiry under the Dublin Police Act, 1924, into the circumstances surrounding the arrest, treatment and detention of Mr. Brian Rossiter (deceased) in 2002.

€0.737m (to end December 2007)

14 September, 2005

Report presented to the Minister in October 2007

Commission of Investigation (Dean Lyons Case)

Commission of Investigation into the circumstances surrounding the making of a confession by Mr. Dean Lyons (deceased) regarding the deaths of Ms. Mary Callinan and Ms Sylvia Sheils in Grangegorman, Dublin in March, 1997.

€0.984m

7 February, 2006

Report presented to the Minister 28 July, 2006

Name of Tribunal of Inquiry/Commission of Inquiry/Investigation

Terms of Reference

Cost/Cost to date

Date of Commencement

Date of completion/Projected date of completion

Commission of Investigation to: (i) Investigate the handling of child sex abuse allegations against the Archdiocese of Dublin and (ii) examine implementation by dioceses of Church guidelines and the recommendations of the Ferns Report.

1. To select a representative sample of complaints or allegations of child sexual abuse made to the archdiocesan and other Church authorities and public and State authorities in the period 1 January 1975 to 1 May 2004 against clergy operating under the aegis of the Catholic archdiocese of Dublin. 2. To examine and report on the nature of the response to those sample complaints or allegations on the part of the authorities to which those sample complaints or allegations were reported, including whether there is any evidence of attempts on the part of those authorities to obstruct, prevent or interfere with the proper investigation of such complaints.

Cost to Date €1,821,856 Provision has been made in the Vote of the Department of Justice, Equality and Law Reform to meet the commission’s cost which is projected at €6.3 million over the full term.

28 March, 2006

On 30 July, 2007 the Government approved an extension of one year tothe term of the Commission to 28September, 2008

3. In the case of complaints or allegations being examined, to examine and report also on the nature of the response to any other complaints or allegations made by the complainant or against the person in respect of who those complaints or allegations were made, including any such complaints or allegations made before 1 January, 1975

4. To select a representative sample of cases where the archdiocesan and other Church and public and State authorities had in the period 1 January, 1975 to 1 May 2004 knowledge of or strong and clear suspicion of or reasonable concern regarding sexual abuse involving clergy operating under the aegis of the archdiocese of Dublin.

5. To establish the response of the archdiocesan and other Catholic Church and public and State authorities to those sample cases.

Name of Tribunal of Inquiry/Commission of Inquiry/Investigation

Terms of Reference

Cost/Cost to date

Date of Commencement

Date of completion/Projected date of completion

6. To establish the levels of communication that prevailed between the archdiocesan and other Catholic Church authorities and public and State authorities with regard to those sample complaints, allegations, knowledge, reasonable concern or strong and clear suspicion.

7. To examine, following a notification from the Minister for Health and Children, that a Catholic diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the Report of the Irish Catholic Bishops Advisory Committee on Child Sexual Abuse by Priests and Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese.

8. To examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not be implementing satisfactorily the recommendations of the Ferns Report delivered to the Minister for Health and Children on 25 October, 2005, the position in that diocese; and make a report on these matters considered by Government to be of significant public concern.

Name of Tribunal of Inquiry/Commission of Inquiry/Investigation

Terms of Reference

Cost/Cost to date

Date of Commencement

Date of completion/Projected date of completion

Commission of Investigation (Death of Mr. Gary Douch in Mountjoy Prison)

Following on from the report dated 2 March 2007 of the “Inquiry into the circumstances surrounding the death of Mr. Gary Douch, a Prisoner in Mountjoy Prison” by Mr. Michael Mellett, the Commission shall without prejudice to any criminal or disciplinary proceedings, carry out any further investigations it considers necessary into the circumstances surrounding the death of Mr. Gary Douch including in particular; an examination of the chronology of treatment (including medical) and management (including transfers) of the individual identified in the report as “Prisoner A” taking into account all available information and documentation in that regard and examining all persons whose testimony may throw light on the issues which arise; a review of policies, practices and procedures regarding the safety of prisoners in custody whether in prison, a place of detention, the Central Mental Hospital or other institution and in particular; a review of protocols for those prisoners with specific behavioural problems or vulnerabilities (psychiatric, violent or disruptive or those in need of additional protection), a review of their application in this case, a review of any changes which have taken place since the 1st August 2006; the making of recommendations on what cost effective policies and / or legislative measures could be adopted in the future for the management and treatment of such prisoners together with an estimate of the approximate implementation costs with a view to promoting the safety and health of prisoners providing a secure and safe environment for prisoners and persons dealing with prisoners, and safeguarding the public interest.

€340,000

2nd May, 2007

Ongoing, expected to report in 2009

In addition, the costs associated with the enquiries under Section 8 of the Companies Act, 1990 underneath, initiated on the application of the Minister for Enterprise, Trade and Employment fell to be met, in the first instance, by my Department.

Name of Tribunal of Inquiry/Commission of Inquiry/Investigation

Terms of Reference

Cost/Cost to date

Date of Commencement

Date of completion/Projected date of completion

National Irish Bank Inquiry

The High Court appointed Inspectors to National Irish Bank (NIB) under section 8 of the Companies Act 1990 on the application of the Minister for Enterprise, Trade and Employment.

€5,842,952.92 — this was reimbursed to the Minister for Justice, Equality and Law Reform in April, 2005.

1 April, 1998

The Inspectors presented their Report to the High Court on 12 July, 2004.

Ansbacher Inquiry

The High Court appointed inspectors to Ansbacher (Cayman) Ltd. under section 8 of the Companies Act, 1990 on the application of the Minister for Enterprise, Trade and Employment.

The Inspection cost was €3.45m. €1.25m was reimbursed to the Minister for Justice, Equality and Law Reform in early 2004.

22 September, 1999

June, 2002

Proposed Legislation.

Frank Feighan

Question:

99 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform if he will amend the law on the matter of theatre licences; and if he will make a statement on the matter. [9056/08]

The Government Legislative Programme published on 29 January last provides for the publication of a Sale of Alcohol Bill in late 2008. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol, including provisions relating to the grant of theatre licences and the sale of alcohol in such premises, by repealing the Licensing Acts 1833 to 2004, and replacing them with updated provisions more suited to modern conditions.

As the Deputy may be aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol, including issues relating to longer opening hours and special exemption orders, and to report to me with their assessment of how best to proceed by 31 March.

I intend then to bring forward a short Bill with urgent proposals for statutory reforms which I hope will, with the assistance of both Houses, be enacted and implemented before the Summer recess. I will of course consider giving effect to any reforms recommended by the Group in relation to theatre licences in this legislation.

Regulation of Legal Profession.

Mary Upton

Question:

100 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform his proposals for the effective regulation of solicitors; and if he will make a statement on the matter. [8992/08]

Bernard Allen

Question:

141 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform if he is satisfied with the legislation governing regulation of the legal profession; and if he will make a statement on the matter. [9077/08]

I propose to take Questions Nos. 100 and 141 together.

I refer the Deputy to my reply to Question No. 89 of 13 December 2007. I have nothing further to add to the details of that reply other than to say that the Government Legislative Programme published on 29 January 2008 provides for the publication of a Legal Services Ombudsman Bill in the current session.

Tribunals of Inquiry.

Jack Wall

Question:

101 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he has responsibility, in respect of which a final report has not been published; the date of the establishment; the date on which a report was submitted to his Department; the date on which such a report has been published or is expected to be published; and if he will make a statement on the matter. [8993/08]

I wish to refer the Deputy to my response to Parliamentary Question, Reference 8965/08 of today, which sets out the Tribunals of Inquiry, Commissions of Investigation or other Statutory Inquiries under my Department's aegis. The position insofar as such examinations where a final report has not yet been published is as follows.

Name of Tribunal/Commission of Investigation

Date Established

Date Report Submitted to Department

Date Report Expected to be Published

Dublin Archdiocese Commission of Investigation

28 March, 2006

N/A

On 30 July, 2007 the Government approved an extension of one year tothe term of the Commission to 28 September, 2008

Smithwick Tribunal of Inquiry

31 May, 2005

N/A

Unknown, as the Tribunal will submit its final report only upon completion of its work, the time frame of which cannot be projected given the nature of this work.

Commission of Investigation (Death of Mr. Gary Douch in Mountjoy Prison)

2 May, 2007

N/A

2009

Hartnett Inquiry

14 September, 2005

October 2007

Summary to be presented shortly

Morris Tribunal

24 April, 2002

The Morris Tribunal concluded the hearing of all evidence in December 2007. It has produced five comprehensive reports to date, all of which have been published.

It is expected that the final three reports will be published when received.

Family Law Proceedings.

John Deasy

Question:

102 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform his views on the issues raised by the Final Report of the Family Law Reporting Service on changes to the in camera rule, published in early November 2007; and if he will make a statement on the matter. [9072/08]

The Report of the Family Law Reporting Pilot Project sums up the work of the one-year pilot project, undertaken by Dr Carol Coulter for the Courts Service. This initiative was permitted by a change in the law on the in camera rule in family law. Dr. Carol Coulter was engaged to carry out the reporting of family law on a pilot basis.

The Report comes in two parts. The first part deals with the reporting project itself and makes suggestions, primarily aimed at the Courts Service, for the future direction of the Family Law Reporting Project including that the project should continue. Among the 18 recommendations made in the Report are:

the Courts Service should decide if it is appropriate for it to provide a reporting service on family law, and if so, it should decide what such a service would consist of;

whether the Regulations, naming those entitled to attend family law proceedings, could be amended to allow bona fide members of the press to attend;

if the Courts Service decides to continue the project it should do so for another year — while progressing the digital recording of judgments;

from 2009, or earlier if practicable, the Courts Service should publish judgments, decisions, statistics and some reports or sample cases on the Courts Service website;

the Courts Service should consider nominating a representative to liaise with academic institutions on family law;

the creation of a new Rule of Court to allow judges to give direction in court to those reporting family law proceedings, particularly on how to maintain litigants' anonymity; and

the Central Statistics Office should be asked to extend its examination of statistics in the Courts Service to family law.

I welcome the establishment by the Courts Service of a Special Committee to oversee the Family Law Reporting Project for a further year and to consider the recommendations made in Dr Coulter's report with a view to making proposals for their implementation. I understand that the Committee has commenced its work.

Garda Investigations.

Liz McManus

Question:

103 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform if the Garda investigation into the Northern Bank robbery in 2004 has been completed; if the Gardaí are of the view that money recovered in Cork in 2005 were proceeds of the robbery; and if he will make a statement on the matter. [8974/08]

I am informed by the Garda authorities that the Garda Síochána has submitted a comprehensive investigation file to the Director of Public Prosecutions (DPP) in relation to this matter and that directions remain awaited.

As the issue remains the subject of ongoing consideration by the DPP, it would not be appropriate to make further comment at this stage.

Joint Policing Committees.

Liz McManus

Question:

104 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform his assessment of the performance of the local police committees; when it is intended to have such committees established countrywide; if changes to the legislation setting up the committees is contemplated; and if he will make a statement on the matter. [8976/08]

John Perry

Question:

126 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the progress made with regard to drawing up guidelines for the operation of the proposed roll out of the Joint Policing Boards; and if he will make a statement on the matter. [9083/08]

I propose to take Questions Nos. 104 and 126 together.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. There are currently 29 Committees in operation in a pilot phase to gain experience rolling the Committees out to all local authority areas in the State. In general the outcome to date has been positive and the Committees are meeting definite local needs.

Following on from a consultation seminar last November hosted by me and my colleague the Minister for the Environment, Heritage and Local Government, work is underway on revising the guidelines under which the Committees operate, in the light of the experience gained to date. Following consultation with my Ministerial colleagues, I intend to issue these revised guidelines to enable the roll out of the Committees to take place as soon as possible, which I envisage will be in the middle of this year.

Juvenile Offenders.

Michael D. Higgins

Question:

105 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if it is intended to detain young offenders at the planned Thornton Hall Prison complex in north Dublin; if he is satisfied that this plan is consistent with Ireland’s obligations under international conventions that prohibit the jailing of juveniles in adult places of detention; and if he will make a statement on the matter. [8969/08]

The Children Act 2001, as amended, provides for the extension of the children detention school model to all children under the age of 18 years who are ordered to be detained by the Courts. An Expert Group on Children Detention Schools was tasked by the Minister for Children in 2006 to initiate and plan for the necessary redevelopment of existing children detention schools including the development of new facilities to accommodate the 16 to 17 year age group who are currently accommodated in St. Patrick's Institution and to advise accordingly. The Expert Group's final report has been submitted to my colleague the Minister for Children in December 2007 and he has given consideration to the matter and will make an announcement shortly.

The redevelopment of children detention school places will take time as it requires detailed planning, design and consultation with stakeholders to ensure that high quality facilities are created. In the interim it is necessary to retain the use of St. Patrick's Institution until suitable children detention school places can be created with regard to 16 and 17 year old boys.

As all prison accommodation on the Mountjoy site, including St. Patrick's Institution, is to be closed it is necessary to make provision for interim accommodation, should it be required, for 16 and 17 year old boys on the Thornton Hall campus. The campus structure of Thornton Hall will ensure that a facility for 16 and 17 year old boys is segregated from facilities being used by adult offenders. On completion of the detention school development project all children under 18 years of age being detained will only be accommodated in dedicated children facilities. This is compatible with UN Convention on the Rights of the Child and as provided for in the Children Act 2001, as amended.

Prison Drug Treatment Services.

John Perry

Question:

106 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of prisoners who participated in drug detoxification programmes in Irish prisons in 2007; and if he will make a statement on the matter. [9066/08]

The dedicated multidisciplinary drug detoxification programme in the Medical Unit in Mountjoy Prison involves both prison based staff and external agencies. The aim of the Unit is to assist prisoners who have indicated a desire to move from either a situation of current drug use or existing substitution programme to drug free status.

Participation is based on assessment of suitability for the programme. Each programme lasts six weeks and can facilitate up to nine prisoners. An essential element of this programme is that suitable arrangements are organised to ensure appropriate throughcare and follow-up of participants. During 2007, a total of 56 prisoners participated in this programme.

The detoxification programme is just one of the many drug rehabilitation programmes currently being offered in Irish prisons. These programmes seek to reduce the demand for drugs within the prison system through education, treatment and rehabilitation services for drug-addicted prisoners. Particular initiatives include, inter alia, methadone maintenance, education programmes, addiction counselling and drug therapy programmes. These programmes involve a significant multidimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory organisations.

Finally, I should add that the capacity to deliver the Irish Prison Service's Drugs Policy and Strategy will be significantly enhanced by the provision of the new complex at Thornton Hall.

Departmental Publications.

Jimmy Deenihan

Question:

107 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform the number of reports commissioned by the Government in the areas covered by his Department between July 1997 and 1 January 2007; the number of reports fully implemented; the number of reports partly implemented; the number of reports unimplemented; and if he will make a statement on the matter. [9073/08]

I refer the Deputy to the reply to Parliamentary Question No. 443 of 16 May, 2006 which included information detailing reports published by my Department from June 1997 to May 2006.

In addition, the reports listed below, which were produced or commissioned from May 2006 to January 2007, relate to my Department's areas of responsibility. As is evident from the list, and from the material supplied in the previous response, many of these documents are annual or other regular reports produced by my Department, or by bodies under its aegis, concerning their operations and not commissioned as advice as such. Given the breadth and complexity of the issues covered by my Department it would not be feasible to catalogue any recommendations made in the format sought without the application of a disproportionate amount of staff time. In any event, the Deputy will appreciate that reports such as those listed below form only one of a number of sources of information, advice and consultation in the policy making process and the development of policy in any given area will be generally be based on a broad range of considerations and inputs.

Name of Report

Department of Justice, Equality and Law Reform Annual Report 2005.

Report of the Tribunal of Inquiry into certain Gardaí in the Donegal Division — Report on Explosives “Finds” in Donegal.

Report of the Tribunal of Inquiry into certain Gardaí in the Donegal Division — Report on Investigation into the Death of Richard Barron and The Extortion calls to Michael and Charlotte Peoples.

Report of the Tribunal of Inquiry into certain Gardaí in the Donegal Division — Report on the Garda investigation of an arson attack on property situated on the site of the telecommunications mast at Ardara, County Donegal in October and November of 1996.

Report of the Tribunal of Inquiry into certain Gardaí in the Donegal Division — Report on the circumstances surrounding the arrest and detention of Mark McConnell on the 1st October 1998 and Michael Peoples on the 6th of May 1999.

Report of the Tribunal of Inquiry into certain Gardaí in the Donegal Division — Report on the arrest and detention of seven persons at Burnfoot, County Donegal on the 23rd of May 1998 and the investigation relating to same.

Report of the Commission of Investigation (Dean Lyons Case)

Report by Shane Murphy SC in relation to Dean Lyons

Report by Shane Murphy SC in relation to allegations against members of the Gardaí based in Donegal

Report of the Hartnett Inquiry into the arrest, detention and treatment of Brian Rossiter and the subsequent investigation of his death

The Programme for Prosperity and Fairness Report of the Working Group on the Review of the Parental Leave Act 1998

Uptake of Parental Leave and Force Majeure Leave Research by MORI MRC

Review of the Parental Leave Act, 1998: Attitudinal Survey of Employees, Employers and Trade Union Representatives regarding the provisions of the Act (Newmarket Consulting Ltd)

Report on Sexual Harassment in the Workplace in EU Member States

Extending the Scope of Employment Equality Legislation: Comparative Perspectives on the Prohibited Grounds of Discrimination

P2000 — Working Group Report on Equality Proofing

Closing the Gap Conference Report

Report of the Casino Committee

Second Annual Report of the Inspector of Prisons and Places of Detention for the year 2006-2007

Annual Report of the Parole Board 2005

Report of the Minister for Justice, Equality and Law Reform on the Operation of the Transfer of Sentenced Persons Legislation for 2006

Annual Report for 2005 of the Visiting Committee to Wheatfield Prison

Annual Report for 2005 of the Visiting Committee to Arbour Hill Prison

Annual Report for 2005 of the Visiting Committee to Fort Mitchel Place of Detention

Annual Report for 2005 of the Visiting Committee to Castlerea Prison

Annual Report for 2005 of the Visiting Committee to Loughan House Place of Detention

Annual Report for 2005 of the Visiting Committee to Cloverhill Prison

Annual Report for 2005 of the Visiting Committee to Mountjoy Prison

Annual Report for 2005 of the Visiting Committee to Cork Prison

Annual Report for 2005 of the Visiting Committee to Shelton Abbey Place of Detention

Annual Report for 2005 of the Visiting Committee to the Training Unit Place of Detention

Annual Report for 2005 of the Visiting Committee to Limerick Prison

Annual Report for 2005 of the Visiting Committee to the Midlands Prison

Annual Report for 2005 of the Visiting Committee to Portlaoise Prison

Annual Report for 2005 of the Visiting Committee to St. Patrick’s Institution

Report of the Working Group on Privacy

Report of the Study Group on Pre-nuptial Agreements

Options Paper Presented by the Working Group on Domestic Partnerships

Report of the Legal Costs Implementation Advisory Group

The Probation and Welfare Service Annual Report 2004

The Probation Service Annual Report 2005

Reports on the Operation of Part III of the Extradition Act 1965 as amended in the years 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2006 made to the Houses of the Oireachtas by the Government pursuant to Section 6 of the Extradition (Amendment) Act, 1987 as amended by Section 15 of the Extradition (Amendment) Act 1994

Reports on the Operation of the European Arrest Warrent Act 2003 as amended in the years 2004, 2005 and 2006 made to the Houses of the Oireachtas by the Central Authority in the person of the Minister for Justice, Equality and Law Reform pursuant to Section 6(6) of the European Arrest Warrant Act 2003 as amended

Principles to Guide Core Funding for New Communities Organisations

First Progress Report of the Committee to Monitor and Co-Ordinate the Implementation of the Recommendations of the Task Force on the Travelling Community

Second Progress Report of the Committee to Monitor and Co-Ordinate the Implementation of the Recommendations of the Task Force on the Travelling Community

Report of the High Level Group on Traveller Issues

National Women’s Strategy 2007-2016

Business Analysis and Review of the Asylum, Immigration and Citizenship Areas

Strategic Review and Analysis of the Refugee Documentation Centre

Information Management and Information Technology Strategy for the organisations under the auspices of the Department of Justice, Equality and Law Reform and Divisions of the Department directly involved in the asylum process and related immigration processes

Nally Report — Edited version (Report examining matters arising from the “Report raising concerns over the activity of An Garda Síochána Officers during 1998” dated 22 March, 2002, prepared by the police Ombudsman for Northern Ireland for the Minister for Foreign Affairs’)

Report on the Protection of Documents held in the Registry of Deeds

First Interim Report of the Archives Advisory Group

Garda Reserve.

P. J. Sheehan

Question:

108 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the number of Garda reservists assigned to Garda stations to date; the name and location of each station along with the number of reservists assigned there; and if he will make a statement on the matter. [9062/08]

Emmet Stagg

Question:

160 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the Reserve currently in training; when he expects that the full complement of 1,500 will be in place; and if he will make a statement on the matter. [8990/08]

I propose to take Questions Nos. 108 and 160.

The total personnel strength of the Garda Reserve, including trainees, as at 31st January 2008 was 277. At a graduation ceremony to take place in the Garda College on Thursday 6th March, it is expected that approximately 60 more trainees will be attested. The next intake of trainees will be on the weekend of 8th and 9th March.

The 206 attested members currently operational are attached to the following Stations:

DMR (Dublin Metropolitan Region) Stations — 101:

DMR South Central Division — Pearse Street (20), Kevin Street (5), Kilmainham (3) and Donnybrook (6).

DMR North Central Division — Store Street (9), Bridewell (6) and Fitzgibbon Street (6).

DMR West Division — Clondalkin (2), Finglas (3), Lucan (3), Ballyfermot (3) and Blanchardstown (6).

DMR North Division — Santry (1), Raheny (3), Swords (3), Clontarf (1), Coolock (3), Ballymun (2) and Balbriggan (2).

DMR South Division — Crumlin (2), Sundrive Road (1), Rathmines (2) and Terenure (1).

DMR East Division — Bray (2), Dun Laoghaire (3) and Blackrock (3).

Stations outside DMR — 105:

Mayfield (2), Gurranabraher (1), Midleton (4), Mitchelstown (1), Anglesea Street Cork (13), Togher (1), Sligo (5), Galway (12), Henry Street Limerick (9), Ennis (4), Tralee (1), Waterford (7), Tramore (2), Kilkenny (4), Wexford (3), New Ross (1), Gorey (1), Newbridge (1), Blessington (1), Naas (2), Carlow (2), Clonmel (2), Cahir (1), Carrick on Suir (1), Tipperary town (1), Cavan town (2), Monaghan town (1), Drogheda (4), Dundalk (3), Kells (1), Castlebar (4), Westport (1), Ballina (3), Mullingar (3) and Letterkenny (1).

Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken. Garda Reserve members undertake their training and other duties on a voluntary basis during their free time. As a result it is not possible to predict how many people will commence training in any particular month.

I cannot predict exactly when the full complement of Garda Reserve members will be reached but I can assure the Deputy that An Garda Síochána have advised that they are making every effort to reach it.

Asylum Process.

Sean Sherlock

Question:

109 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if he shares the view expressed by the Minister of State with responsibility for integration that cases taken by a voracious group of barristers were responsible for the grief and difficulty surrounding the asylum process; if he has raised this issue with the Bar Council; and if he will make a statement on the matter. [8995/08]

I presume the Deputy is referring to remarks attributed to the Minister for Integration which were reported in the media in January of this year.

I should point out at the outset, that notwithstanding the lower number of applications in recent years, significant levels of abuse continue in our asylum process. In the region of 90% of asylum applications are determined to be unfounded after the exhaustion of all possible appeals. I say this to remind the Deputy that we can never become complacent about ensuring the integrity of our asylum processes and to demonstrate that there will always be individuals who will cynically seek to exploit the system in a way that distracts our attention from the needs of the genuine asylum seeker.

It is against this background that the current level of Judicial Reviews is a genuine cause for concern. In my view, it is clearly evident that many people use the Judicial Review process simply in order to prolong their stay in the State. As the Deputy is probably aware, delays in finalising cases in the asylum area can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings, where such a course of action is pursued. However, it is a reality that the large scale of Judicial Reviews currently taken does contribute to significant delays in the processing regime.

It is important that the refugee status determination process in Ireland is not seen as being any less robust, when compared to that in other countries, by those who would wish to use it as a means to enter Ireland outside of the normal immigration channels. Delays in the process, however they are caused, could lead to such a view being formed. I understand that a small group of legal firms are responsible for a significant percentage of judicial reviews lodged in the asylum area and that many of the statements of grounds of these judicial reviews are of a generalised or non-specific nature. The understandable concern in relation to many of these cases is that legal action is being pursued with the primary intention of frustrating the determination process and delaying the finalisation of the processing of applications where the decision would almost certainly be that the applicants are not in fact in need of protection in Ireland.

The Immigration, Residence and Protection Bill (which recently passed Second Stage in this House) comprehensively reforms and simplifies the current system through the introduction of a single procedure for the investigation of all grounds including protection ones put forward by applicants for protection. This reform of the processing framework will lead to the removal of the existing multi-layered and sequential process and will allow an applicant to get a final decision on their application in a more timely and efficient fashion. Along with other provisions in the Bill, this reform is intended to reduce the time taken to process each case to finality which is in the interests of the applicant and the protection of the integrity of the application process.

In conclusion, I have no difficulty in discussing these issues with the Bar Council and the Law Society and it is my intention to do so.

Criminal Prosecutions.

Sean Sherlock

Question:

110 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the number of murders since the beginning of 2008 in which firearms were used; and if he will make a statement on the matter. [8986/08]

Willie Penrose

Question:

166 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [8985/08]

I propose to take Questions Nos. 110 and 166 together.

I am informed by the Garda authorities that the following table shows the number of murders recorded, detected, proceedings commenced and convictions, which involved the use of a firearm, for the years 1998 to 2008 up to 26 February. Investigations into many of these cases are ongoing and, accordingly, the number of cases where prosecutions are initiated can be expected to rise. I have outlined to the House previously difficulties which can arise in detecting gangland killings and the extensive efforts being made by An Garda Síochána to overcome these.

Murders involving Firearms 1998 to 26 February 2008

Year

Recorded

Detected

Proceedings Commenced

Convictions

2008

3

0

0

0

2007

18

5

2

0

2006

26

7

5

2

2005

22

5

2

2

2004

9

8

5

4

2003

20

11

4

2

2002

11

6

5

4

2001

9

5

2

2

2000

12

7

6

2

1999

12

7

7

5

1998

4

3

2

1

Figures for 2007 and 2008 are provisional, operational and liable to change.

Departmental Reports.

Eamon Gilmore

Question:

111 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if he will make a statement on the report submitted to him on 14 December 2007 by the designated judge under the Interception of Postal Packages and Telecommunications Messages (Regulation) Act 1993 Section 8(1) as substituted by the Criminal Justice (Terrorist Offences) Act 2005, Section 66. [4113/08]

Eamon Gilmore

Question:

148 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform when he last received a report from the Complaints Referee appointed under Section 9 of the Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993; the main findings of the report; and if he will make a statement on the matter. [6505/08]

Eamon Gilmore

Question:

501 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform when he last received a report from the judge designated under Section 67 of the Criminal Justice (Terrorist Offences) Act 2005, to keep under review the provisions in the Act in regard to powers given to An Garda Síochána to access data in regard to telephone records; and if he will make a statement on the matter. [6507/08]

Eamon Gilmore

Question:

502 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform when he last received a report from the High Court Judge, designated under Section 8 of the Interception of Postal Packages and Telecommunication Messages (Regulation) Act 1993, to keep the Act under review; the main findings of the report; and if he will make a statement on the matter. [6506/08]

I propose to take Questions Nos. 111, 148, 501 and 502 together.

The most recent report of the Designated Judge to the Taoiseach on the operation of both the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 was made on 14 December, 2007. This report, with no material excluded, was laid before the Houses of the Oireachtas on 21 December, 2007.

The Deputy will be aware that the Designated Judge's oversight function and the ensuing reports to the Taoiseach, pursuant to Section 8 of the 1993 Act and Section 67 of the 2005 Act, provide an important public safeguard in relation to the State's lawful interception and telecommunications data access arrangements. In particular, these reports set out the findings of the Designated Judge's ongoing review of the operation of both the 1993 Act and Part 7 of the 2005 Act, including whether the Garda Síochána and the Permanent Defence Force are complying with their provisions.

I am pleased to note that in his most recent report, the Designated Judge expressed satisfaction that the provisions of both statutes are being complied with, after having inspected and checked the records maintained by the Garda Síochána, the Permanant Defence Force and my Department and after having received a satisfactory explanation to such queries as he raised. I welcome this finding, as I do the similar, previous findings of earlier reports of the Designated Judge.

In relation to reports by the Complaints Referee pursuant to Section 9 of the 1993 Act, such reporting provides a further safeguard in relation to the State's lawful interception arrangements by forming part of an independent complaints procedure for members of the public who believe that a communication sent to or by them has been intercepted. I am pleased to note that, to date, no such report has been received by the Taoiseach, which indicates that the Complaints Referee has, to date, never concluded, upon investigation of a complaint, that there has been a contravention of the relevant provisions of the 1993 Act.

Garda Compensation Tribunal.

Phil Hogan

Question:

112 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform the status of the Garda Compensation Tribunal; and if he will make a statement on the matter. [9053/08]

Phil Hogan

Question:

137 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that members of An Garda Síochána are being refused leave to take compensation claims to the High Court by staff at his Department because their injuries are not deemed to be serious enough; and if he will make a statement on the matter. [9054/08]

Tom Hayes

Question:

170 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of applications by Gardaí for compensation each year during the past five years; the number of applications awaiting decisions; the number of applications that were successful; the number refused; and if he will make a statement on the matter. [9055/08]

I propose to take Questions Nos. 112, 137 and 170 together.

Gardaí who sustained injuries maliciously inflicted upon them in the performance of their duties are entitled in accordance with the Garda Síochána (Compensation) Acts 1941 and 1945 to apply for an authorisation from my Department to seek compensation in the High Court. Section 6(1) of the Garda Síochána (Compensation) Act 1941 obliges me, as the Minister for Justice, Equality and Law Reform, to refuse to authorise an application for compensation to the High Court where I am of opinion that the injury is of a minor character and was sustained in the performance of a duty not involving special risk. This assessment is discharged by my staff and is informed by medical reports and previous Court judgments in Garda Compensation Act cases.

The numbers of Garda compensation claims received for the years 2003 to 2007 are set out in the table below:

Claims per year

2007

2006

2005

2004

2003

Received

198

257

249

194

270

During that period I authorised 771 cases and I refused 299. It is my practice never to refuse a case on the grounds that it is minor without giving the applicant a further opportunity to make representations. The number of compensation claims that are currently outstanding is 1,245.

I intend to bring legislative proposals to Government in the near future with the objective of establishing a Garda Compensation Tribunal which will deal with both minor and non minor injuries.

Deportation Orders.

Jim O'Keeffe

Question:

113 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his policy in relation to deportation of non-Irish nationals who under Section 3(2)(a) of the Immigration Act 1999, have served terms of imprisonment imposed on them by a court of this State; the details of those so deported to date following deportation orders made pursuant to section 3(1) of the Act; and if he will make a statement on the matter. [7911/08]

I wish to refer the Deputy to the Reply given by me to his Dáil Question No. 514 of Tuesday 18 December 2007 and to the undertaking given by me at that time to provide the information requested. In the intervening time period, a cross referencing operation was undertaken which matched the data held by my Department with those records held by the Irish Prison Service. As a result of this exercise, I am now in a position to provide the Deputy with the information he requested.

The number of all non-Irish citizens released from prison and subsequently deported during the period from 1 February 2007 until 30 November 2007, including their nationalities, is as follows:

Month and Year

Nationality

Number of persons deported

3 April 2007

Canadian

1

6 June 2007

Moldovan

7 June 2007

Kosovan

1

12 June 2007

Chinese

1

28 July 2007

Georgian

1

7 August 2007

Chinese

1

3 September 2007

Australian

1

6 September 2007

Chinese

1

Total

8

My officials will undertake another cross referencing operation, matching data held by my Department with those records held by the Irish Prison Service in order to bring the statistics supplied up to the end of February 2008. I can assure the Deputy that the updated statistics will be conveyed to him at the earliest possible date.

My Department's policy — and indeed the accepted international practice — is that persons found not to have protection needs and no right to remain in the State, should be returned promptly to their home countries in order to protect the integrity of the asylum and immigration processes. To do otherwise would result in Ireland becoming a magnet for unfounded and abusive asylum claims, the consequence of which would be to undermine the immigration laws of the State and to make big demands on the Exchequer.

Sale of Alcohol.

Róisín Shortall

Question:

114 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if he will use the powers available to him under Section 22 of the Intoxicating Liquor Act 2003 to provide for the traceability of alcohol sold for consumption off premises; and if he will make a statement on the matter. [8988/08]

I refer the Deputy to my detailed response to Question No.163 on 9 October last in which I outlined the reasons I do not intend to make regulations under section 22 of the Intoxicating Liquor Act 2003 at this time. I have nothing further to add to the details set out in that reply.

Closed Circuit Television Systems.

James Bannon

Question:

115 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the steps he is taking to permit closed circuit television projects to go to tender which have received grant allocation subject to approval by joint policing committees and are being frustrated by the fact that such committees have been set up on a pilot basis in only a small number of areas, effectively penalising those projects in areas without a pilot policing committee. [4206/08]

In accordance with the Garda Síochána Act 2005, the Joint Policing Committee for the relevant local authority area must be consulted before the local authority can approve an application to the Garda Commissioner for authorisation for a CCTV system. The 29 Joint Policing Committees currently established in a pilot phase operate under revised guidelines issued by my predecessor in May 2007. The purpose of the pilot phase is to gain experience from the operation of a number of Committees in a variety of local authority areas before rolling them out to all local authority areas in the State.

Following consultations with my colleagues the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs, I intend to issue, as soon as possible, revised guidelines to enable roll-out of the committees to all local authority areas in the State. The guidelines will provide inter alia a timetable for this roll-out.

EU Directives.

Brendan Howlin

Question:

116 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if it is intended to implement the recent EU data retention legislation; the main features of what is proposed; if it will be carried out by primary legislation or by regulations; the consultations there have been or will be with interested groups and the Office of the Data Protection Commissioner; and if he will make a statement on the matter. [8966/08]

Directive 2006/24/EC of the European Parliament and of the Council on the retention of data was due to be transposed by 15 September 2007. Under Article 249 of the Treaty establishing the European Community (TEC), Member States of the European Union as well as members of the European Economic Area (EEA) are bound to transpose such Directives. Failure to do so could result in the Commission bringing Ireland before the Court of Justice. The Irish challenge to the Directive to the European Court of Justice, which is grounded on the proper legal base for the instrument, does not excuse us from transposing the Directive. The Directive will ensure a high level of harmonisation of the laws governing the retention of data in the countries of the EU and EEA, which is essential in the fight against international organised crime, including terrorist crime.

Consultations have taken place with interest groups and further consultations are planned. I am at present finalising my proposals for implementing the Directive. These includes the periods of retention for the categories of data to be retained and the method of transposition, the two areas where we have some flexibility. The usual method of transposition for this class of Directive is by means of a Statutory Instrument.

I am aware of the views of the Data Protection Commissioner on the requirement to retain data and officials from my Department will be in touch with him again to discuss my proposals when they are finalised.

Garda Deployment.

Joanna Tuffy

Question:

117 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the respective number of Gardaí in total in Limerick and Tallaght; the number of community Gardaí functioning in both areas; the number of Garda stations in each area; and if he will make a statement on the matter. [8979/08]

As of 31 January 2008 the personnel strength of Limerick Garda Division and Tallaght Garda Station was 592 and 180 respectively. The number of Community Gardaí assigned to the Limerick Garda Division and Tallaght Garda Station on 31 December, 2007 (the latest date for which figures are readily available) was 66 and 24, respectively.

The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. All Gardaí have responsibility, inter alia, to be involved in Community Policing issues as they arise.

There is one Garda Station in Tallaght and there are 34 Garda Stations in the Limerick Garda Division which covers both the urban and rural areas.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. In doing this he takes into account all relevant factors, including population, crime rates and trends as well as operational priorities. The next allocation of Probationer Gardaí is due to take place on 13 March next. In that regard, the needs of the Garda Stations and Divisions referred to will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Garda Equipment.

Jimmy Deenihan

Question:

118 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform the cost to date in the creation and functioning of the PULSE system; the original predicted cost of the PULSE system; if the system is fully or partially functioning; when those aspects of PULSE which are not functioning at present are expected to be brought on-line; if all Garda stations and associated locations have been connected to PULSE; and if he will make a statement on the matter. [9076/08]

Tom Sheahan

Question:

168 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the action he has taken to have shortcomings in PULSE addressed, particularly in the context of prosecuting limited companies; and if he will make a statement on the matter. [9057/08]

I propose to take Questions Nos. 118 and 168 together.

I have been assured by the Garda authorities that the Garda Information System which includes PULSE is functioning very satisfactorily. Significant investment has been made to improve availability and response times and I am advised that as a result, since the beginning of 2007, there has been virtually no unplanned downtime. The PULSE system is more widely available than ever before, with access by both Garda and civilian personnel to over 2000 personal computers in 338 locations, including every Divisional and District Headquarters. The Deputies will be aware that the Garda Information Services Centre (GISC), which is based in Castlebar, allows Gardaí, who would otherwise have to return to their station to input or update incident data, to log the information over the telephone with the GISC, thus releasing Garda resources for visible, frontline policing across our communities.

The functionality of the PULSE system is continually upgraded and enhanced to accommodate new business requirements, policies and procedures as well as updates to reflect new legislation. I am advised by the Garda authorities that functionality in relation to the prosecution of limited companies will be provided in the next release of the system, which is scheduled to be deployed by mid-year. This new functionality will replace the current manual process used by the Garda Síochána to prosecute limited companies.

The original estimated budget for PULSE back in 1993 was in the region of €46.4m (£36.5m Punts). The system was developed over a number of phases and an number of additional items arose over the course of the project such as the need for additional external resources, costs associated with the Year 2000 and the provision of backup facilities. These additional items brought the total development cost of the system by 2001 to €61.3m. The Garda authorities advise that the average annual maintenance and upgrade costs for PULSE from 2001 to the end of 2006 amounted to €12.88m. This expenditure includes the cost of contract resources, replacement of hardware, software upgrades and software licence fees. Following the completion of a comprehensive stabilisation programme and hardware upgrade for the PULSE system in 2006, PULSE was amalgamated with other systems including the Fixed Charge Processing System (FCPS) to form a new combined IT system referred to as the Garda Information System (GIS). Accordingly, since the start of 2007, specific figures relating to expenditure on PULSE are not available.

Road Safety.

Kathleen Lynch

Question:

119 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the amount spent by his Department during 2007 for the provision of speed cameras; the amount allocated for 2008; the number of such cameras installed during 2007; the number expected to be provided during 2008; if his attention has been drawn to the concerns expressed recently by the chairperson of the Road Safety Authority at the delays in providing such cameras; and if he will make a statement on the matter. [8996/08]

Thomas P. Broughan

Question:

121 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the reason Garda contracts for speed detection cameras remain unfilled; the number of contracts that remain unfilled; the value of each contract; the amount of money that has been allocated for the national rollout of speed cameras; the amount that has been spent to date; the current final estimate for the total cost of the national rollout; the number of speed cameras that have been deployed to date in the national rollout; and if he will make a statement on the matter. [3381/08]

Bernard Allen

Question:

159 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when it is expected that the national speed camera network will be put in place; and if he will make a statement on the matter. [9078/08]

Jimmy Deenihan

Question:

516 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform when, in view of the fact that the Government has approved funding for speed cameras, the successful contractor will be announced; and if he will make a statement on the matter. [9190/08]

I propose to take Questions Nos. 119, 121, 159 and 516 together.

A tender process for procuring an outsourced safety camera network is under way. During this process issues arose because it emerged that costs involved would be substantially higher than had been estimated when the matter was considered by Government previously, which necessitated a further examination of the matter by the Government. The Government has confirmed that it will be proceeding with the outsourcing of a countrywide safety camera network and the financial resources necessary to do so will be provided. The tender process is at an advanced stage, and it is expected that contract negotiations with the preferred bidder will commence shortly. I am not in a position to indicate at this time the cost of the project as the tender process is not complete.

Enforcement of road traffic law is one of the highest priorities of An Garda Síochána. They are continuing to focus their enforcement activity on the main causes of road deaths and serious injuries — speeding, drink driving and the non-wearing of seatbelts and also on road transport offences. The financial resources allocated to traffic related duties increased from €3.7 million in 2007 to €11 million in this year's Estimates, in addition to the amount which will be allocated for the safety camera network. An Garda Síochána were recently authorised to replace the GATSO systems currently operating with eight new state of the art mobile speed cameras. These will be operational not later than June. This will take place against the background of an increase in the Garda Traffic Corps of 170 this year and 225 last year, bringing the strength of the Corps to 1,200 by end of the year.

In addition, approval has also been given for the Gardaí to acquire an Automated Number Plate Recognition System for up to 100 Garda vehicles, which among many features, will have a speed detection capability. Gardaí will also continue to use over 400 hand held detection devices available to them.

Saving lives through making our roads safer, including through taking effective, efficient and targeted measures to reduce speeding, in line with the Road Safety Strategy will remain an absolute priority for me and the Government.

Prison Building Programme.

Michael D. Higgins

Question:

120 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position in regard to the proposed Thornton Hall Prison plan; the latest estimate available to his Department of the expected cost, including the cost of the site and the provision of infrastructure and ancillary services; the cost of construction and fitting out of the prison; the costs incurred to date; the estimated date for the completion of the project; and if he will make a statement on the matter. [8970/08]

Charles Flanagan

Question:

172 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the decisions that have been made to date in regard to the Thornton Hall prison complex; and if he will make a statement on the matter. [9043/08]

I propose to take Questions Nos. 120 and 172 together.

Negotiations are currently underway with a commercial consortium which was selected following an EU tender procedure for the design, construction, finance and maintenance of the proposed prison facilities at Thornton Hall, North County Dublin.

The project includes the construction of the prison facilities along with the ancillary infrastructure including services. The development procedure is set out in Part 4 of the Prisons Act, 2007. I am pleased to advise the House that the Notice of Development and Environmental Impact Assessment in respect of the project was published on Friday 29 February 2008. A copy of the Notice of Development has been lodged in the Oireachtas Library.

The publication of the Environmental Impact Assessment affords all interested parties an opportunity to make their views known and have them fully considered prior to a decision to proceed with the development. It is intended, subject to the statutory planning phase and the successful conclusion of the contract negotiations, to commence construction later this year. It is envisaged that the development will take approximately three years to complete.

Due to commercial and procurement reasons, it is not possible to provide details as to the likely costs of the construction and fit out costs. The disclosure of such information is not allowed under Department of Finance PPP guidelines.

I can, however, confirm the following expenditure which has taken place to date on the project. The cost of the site acquisition was €29,900,000. An additional 8.7 acres has also been acquired to provide a dedicated access road to the main site. This was done following representations from the local community which reflected concern in relation to the effect of increased traffic generated by the prison project. In addition to allaying these concerns, the new roadway will provide significant additional benefits both during the construction and operational phases of the project. The cost of this additional land was €1,305,000.

A total of €5,634,367 has been expended to date on preliminary site works including surveys, landscaping, security and maintenance of the property, archaeological and topographical, etc., and professional fees including legal and specialist technical advice.

Expenditure to date on the project has amounted to a total of €36,839,367, including site acquisition costs.

Question No. 121 answered with Question No. 119.

Asylum Applications.

Jack Wall

Question:

122 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the number of applications for asylum submitted in each of the past five years; the average time being taken to process applications for asylum; and if he will make a statement on the matter. [8994/08]

The information requested by the Deputy in relation to the number of applications for asylum received by the Office of the Refugee Applications Commissioner in each of the past five years is set out in the table below:

Asylum Applications Received — 2003 to 2007

Year

No. of asylum applications received

2003

7,900

2004

4,766

2005

4,323

2006

4,314

2007

3,985

Total

25,288

Timescales for the processing of asylum applications

Asylum applications are considered under the provisions of the Refugee Act 1996 (as amended), at first instance by the Office of the Refugee Applications Commissioner (ORAC) and at appeal stage by the Refugee Appeals Tribunal (RAT).

The length of time taken to process asylum applications differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

The Office of the Refugee Applications Commissioner

In terms of the average timescales to process Prioritised cases at first instance, an interview date is usually scheduled within 9-12 working days from the date of the initial application. These applications are normally finalised within a further 5-8 working days, giving an average processing time of 17-20 working days from the date of application.

In the case of Non-prioritised cases, an interview date is usually scheduled approximately 16-18 weeks from the date of the initial application. These applications are normally finalised within a further 4-5 weeks, giving a total processing time of 20-23 weeks from the date of application.

Some cases will take significantly longer to complete, for example, due to medical reasons, non-availability of interpreters or because of judicial review proceedings. Some cases are also more complex than others with applicants coming from over 90 different countries.

ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons.

The Refugee Applications Commissioner continues to keep the procedure for processing applications for refugee status in that Office under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation to be made, without compromising on applicants rights to a fair and balanced examination of their case.

The Refugee Appeals Tribunal

The average length of time taken by the Tribunal to process and complete Substantive appeals is 21 weeks.

The average length of time taken by the Tribunal to process and complete Accelerated appeals (appeals on papers only) is 8 weeks.

The average length of time taken by the Tribunal to process and complete appeals for Prioritised cases is 9 weeks.

While many appeals are completed in a shorter time span than above, many factors such as adjournments, postponements, judicial reviews and requests by legal representatives for access to previous Tribunal decisions can impede the Tribunal from completing cases earlier. High quality, consistent and fair decision making in all cases continues to be a high priority in the Tribunal.

Improvements in Processing Timescales

The Office of the Refugee Applications Commissioner has made significant progress in the processing of asylum applications since the creation of the office in November 2000.

In November 2000, when the ORAC was established, there were over 9,400 applications awaiting decision at first instance. As at 31st January 2008, there were 1,272 outstanding applications awaiting a recommendation by ORAC. Of these, only 171 cases were on hands over 6 months.

The RAT has also made significant progress in the processing of asylum applications since the creation of the office in November 2000. Prior to the establishment of the RAT, substantive appeals took, on average, 36 weeks to complete. As already indicated, the average processing timescale for substantive cases is 21 weeks and 9 weeks for prioritised cases.

As at 31st January 2008, there were 3,221 appeals outstanding in the Tribunal. Of these 3,221 outstanding appeals, 2,007 were on hands over six months. A large volume of the appeals outstanding more than 6 months in the Refugee Appeals Tribunal is due to the delay in processing appeals pending the granting of access to Tribunal Decisions following the Supreme Court judgement (in the Atanasov case) on the matter. Following the judgement the RAT set up a comprehensive data bank of previous decisions of the Tribunal, suitably redacted, which is readily available for access by legal representatives of applicants. This data bank, along with other measures being applied by RAT, will be of considerable assistance in clearing the current backlog of cases.

Witness Intimidation.

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to prevent the intimidation of witnesses; if such action is expected in the near future; if he has identified the number of incidents of witness intimidation in the past five years; the action taken against the perpetrators; and if he will make a statement on the matter. [9035/08]

Bernard J. Durkan

Question:

521 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of witness intimidation in each of the past five years; his proposals to address this issue with a view to achieving a major success in this important element of the fight against crime; and if he will make a statement on the matter. [9239/08]

Bernard J. Durkan

Question:

533 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of cases in respect of which witness intimidation has been identified in each of the past three years; the action or actions taken; and if he will make a statement on the matter. [9251/08]

I propose to take Questions Nos. 123, 521 and 533 together.

There are a number of statutory provisions in place to ensure that intimidation of witnesses does not frustrate the taking of prosecutions.

The intimidation of witnesses is an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence applies to the intimidation of witnesses, jurors or potential jurors or any member of these persons' families. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Statutory provisions are also in place to ensure the admissibility of witness statements in circumstances where a witness seeks to resile from a statement already provided to the Garda Síochána in the course of an investigation. Section 16 of the Criminal Justice Act 2006 provides that a statement relevant to court proceedings may be admitted as evidence even if the witness, although available for cross-examination, refuses to give evidence or denies making a statement. It is a matter for the court of trial to decide if such a statement is to be admitted as evidence.

Since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

As it is, the Garda Síochána already rigorously enforces the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána with a view to seeking directions from the Director of Public Prosecutions.

In this regard, I am informed by the Garda authorities that the number of proceedings commenced in respect of the offence created pursuant to Section 41 of the 1999 Act for the years 2003 to 2007 are as follows:

Year

Proceedings Commenced

2003

30

2004

30

2005

22

2006

42

2007

12*

(*Provisional figure only and subject to change).

Garda Deployment.

Martin Ferris

Question:

124 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if he has considered making provisions for the ring-fencing of Garda numbers engaged in duties other than those of the Traffic Corps, for example drugs unit officers. [9005/08]

The attested strength of An Garda Síochána as at 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.

It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country and to national units. In doing this he takes into account all relevant factors, including population, crime rates and trends as well as operational priorities. In that regard, specific operational needs will be fully considered by the Commissioner within the overall context of policing needs throughout the country.

Garda Equipment.

James Reilly

Question:

125 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the reason An Garda Síochána is without a national digital radio service. [9046/08]

Following the completion of a pilot Digital Radio project by the Garda authorities, a decision was taken to procure a single nationwide digital radio service for use by the Garda authorities, other emergency services and non-commercial State bodies. This enables economies of scale as well as allowing for inter-agency communication in the event of major incidents or cross agency operations. Following completion of the tender processes by the Department of Finance a preferred bidder, TETRA Ireland Ltd, was selected. In order to ensure that the preferred bidder demonstrate its capability to deliver this key service for the emergency services, both from a technical and organisational perspective, a service performance evaluation covering a significant part of the Dublin Metropolitan Region and surrounds including Dublin Port and the Airport was carried out and completed late last year.

In parallel with the performance evaluation, detailed and intensive contract negotiations have been taking place between the Department of Finance and the preferred bidder and I understand these negotiations are nearing completion. I am also advised that preparation and planning by the Garda authorities is well advanced and implementation will closely follow the rollout of the infrastructure by the preferred bidder. The entire nationwide rollout is expected to be completed over a 2 year period.

I might add that the Garda authorities continue to maintain its existing radio infrastructure including the digital radio system servicing significant parts of the Dublin Metropolitan Region and its analogue systems throughout the country.

Question No. 126 answered with Question No. 104.

Proposed Legislation.

Ruairí Quinn

Question:

127 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform when he expects the Government’s promised legislation on same-sex unions will be published; and if he will make a statement on the matter. [8983/08]

Caoimhghín Ó Caoláin

Question:

184 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform when the heads of the Civil Partnership Bill will be produced; and if the Bill will contain provisions for gay civil marriage. [9001/08]

I propose to take Questions Nos. 127 and 184 together.

The Scheme of a Civil Partnership Bill, containing detailed proposals, is being developed in my Department for submission to Government by the end of March 2008.

The scope of the Bill as proposed does not extend to provision for the marriage of same-sex couples.

The Government Legislative Programme includes the Bill as providing for a system of civil registration of same-sex partnerships and for the legal consequences of registration. It also provides certain protections for both opposite-sex and same-sex cohabitants.

Prison Population.

Tom Sheahan

Question:

128 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of inmates in each of the State’s prisons; and if he will make a statement on the matter. [9058/08]

I am informed by the Director General of the Irish Prison Service that the figures for 28 February, 2008, as requested by the Deputy are as follows:

Prison/Place of Detention

Number in Custody

Arbour Hill

138

Castlerea

236

Cloverhill

434

Cork

268

Dóchas

113

Limerick

301

Loughan House

104

Midlands

454

Mountjoy

571

Portlaoise

114

Shelton Abbey

58

St. Patrick’s Institution

203

Training Unit

81

Wheatfield

376

Total

3,451

Liquor Licensing Laws.

Emmet Stagg

Question:

129 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform his views on the fact that proceedings have been initiated in just 96 cases since 2003 to date in 2008 for offences in regard to the sale of alcohol to minors; if he is satisfied that the law is being adequately enforced; and if he will make a statement on the matter. [8989/08]

The information supplied in Parliamentary Question 324 of 20 February, 2008 was provided in answer to a specific question relating to prosecutions commenced, between 2003 and 2007, for an offence under section 31(2) of the Intoxicating Liquor Act 1988, as amended, and is not inclusive of prosecutions commenced in respect of any other offences relating to the sale of alcohol to minors.

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006.

I have requested the CSO to provide the statistics on the overall number of prosecutions commenced relating to the sale of alcohol to minors, for the years 2003 to 2007 and to date in 2008, directly to him.

Security Industry.

Olivia Mitchell

Question:

130 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform his views on whether sufficient Garda and Army resources are being dedicated to combat the ongoing threat of attack by armed gangs on cash-in-transit deliveries. [9048/08]

The security of cash in transit deliveries is an issue the Government takes extremely seriously. A number of measures have been adopted in recent years to improve security in this area.

The Deputy will appreciate that I cannot comment on Garda Síochána operational plans to prevent attacks on cash-in-transit deliveries.

Nevertheless, I can say that there are a range of measures in place to combat the threat. The Private Security Authority has commenced licensing of companies engaged in cash-in-transit. The licensing regime put in place incorporates security measures as set out by the relevant branch of the Garda Síochána. Furthermore, there are regular and ongoing discussions between the Gardaí and cash-in-transit industry stakeholders to ensure continued security of deliveries of cash. The Deputy will be aware of a number of cases where attempted robberies from cash-in-transit deliveries were foiled.

The Deputy will appreciate that decisions on the level of security provided for cash-in-transit vehicles are made by the Gardaí having taken all material facts into consideration. Where it is judged to be appropriate, the assistance of the Army is sought for a particular cash consignment. Recovery of the costs of such escorts is the subject of agreements between the Government and the Irish Banking Federation.

I am satisfied that sufficient resources are available to the Garda Síochána in their ongoing efforts to combat the criminal threat to cash movements.

Proposed Legislation.

Brian O'Shea

Question:

131 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the reason it has been decided to seek tenders for drafting of a Courts Bill; the estimated cost of such a project; the reason it is required that the tenderer be a company; and if he will make a statement on the matter. [8973/08]

The Law Reform Commission published a Consultation Paper on Reform and Consolidation of the Courts Acts in 2007 as a follow up to a project it began in 2005 which aimed to reform and consolidate the Courts Acts, which comprise up to 100 Acts, including a large number that predate the foundation of the State. The Commission embarked on the project jointly with my Department and the Courts Service. A Working Group was established for the project, comprising representatives of the Commission, the Courts Service, the judiciary, the Department, the legal profession and the academic community. It is intended that a draft Courts Bill will be published as part of the final report of the Commission.

On 13 February last, my Department, in consultation with the Commission, invited tenders from suitably qualified parties to draft the Bill. The text of the Request for Tender document includes conditions, based on standard procurement practice, with which companies must comply in the event that they submit a tender. There is, however, no requirement that the tenderer must be a company. The Request for Tender document is currently displayed on the etenders website (www.etenders.gov.ie). Further information in relation to the terms of reference, general conditions of the tender invitation, etc. is available on-line in that document and queries may be raised by any interested party.

The drafting process will be carried out under the supervision of the Law Reform Commission.

The Deputy will appreciate that the estimated cost of the project cannot be disclosed during the ongoing open competitive tender process.

Youth Justice Strategy.

Billy Timmins

Question:

132 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform if his Department has carried out research to establish if there is a link between educational disadvantage and juvenile delinquency; and if he will make a statement on the matter. [9092/08]

Diversion of young people from crime and the criminal justice system is one of the responsibilities of my Department in accordance with the provisions of the Children Act 2001, as amended. The causes of delinquent, anti-social, and criminal behaviour are often complex and may cover a range of issues which are dealt with by a number of Government Departments. While my Department has not carried out specific research in the area referred to, I can say that a quantity of research exists which identifies educational disadvantage, along with other factors including poverty, unemployment, early school leaving, addiction and inadequate parenting, as contributing to juvenile delinquency. It is generally accepted that all these factors can contribute to young people becoming involved in anti-social behaviour and delinquency.

The Government has invested heavily in tackling educational and social disadvantage over many years and across a range of Government Departments and Agencies. In my own Department, for example, the Government agreed a comprehensive programme to implement youth justice reforms including the establishment of the Irish Youth Justice Service (IYJS). As well as providing strategic leadership, the IYJS works on a partnership basis with Government Departments and Agencies to reduce youth offending. It funds organisations providing services (including Garda and Probation Service projects) to young people who find themselves in conflict with the law. Its main responsibilities include a remit to develop a unified youth justice policy and to devise a national strategy to deliver this policy and service. In developing its national youth justice strategy, which will cover the period 2008-2010, the issue of educational disadvantage and juvenile delinquency is one of those identified. The strategy will set out the role which various Government Departments and State Agencies will play in reducing youth offending.

The strategy will be published shortly by my colleague, the Minister for Children. In rolling out the strategy, the objective of the IYJS and relevant Departments and Agencies will be to make existing intervention measures more effective and develop new policies and programmes as appropriate, with the aim of reducing youth offending and diverting young people from such behaviour. The primary goal will be to keep children who offend out of detention by using alternatives to prosecution including referral, where appropriate, to Garda Youth Diversion projects, the Garda Juvenile Diversion programme, community sanctions and restorative justice.

Crime Prevention.

Bernard J. Durkan

Question:

133 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take notwithstanding the recent and ongoing successes by the Gardaí in respect of drug seizures, to combat the obvious and progressive increase in violent and organised crime; if his attention has been drawn to the fact that the activities of organised criminals appears to be influencing crime trends particularly in respect of young offenders; if he has examined the degree to which the activities of high profile criminals domiciled in exotic offshore locations from which they appear to be able to run their illicit businesses with impunity clearly illustrating to all that such activity appears to be possible without retribution; the action he has taken to intercede with the authorities in such other jurisdictions with view to a serious crackdown on criminal activity and obvious tangible actions such as improved extradition procedures, special courts or other measures in line with national or EU law; and if he will make a statement on the matter. [9034/08]

I have been informed by the Garda Authorities that organised criminal gangs operating in this jurisdiction are being targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted through the use of intelligence-led operations primarily undertaken by specialised units of An Garda Síochána such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit and the Criminal Assets Bureau. In addition, information relating to these groupings is disseminated on a regular basis to Europol at The Hague.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting the attempted importation of drugs and firearms and has resulted in a number of significant arrests here and in other jurisdictions. Where intelligence, supported by evidence, is available law enforcement agencies in other jurisdictions put operations in place, as appropriate, to prevent and detect such criminality.

Where information exists that a person, who is wanted in relation to a particular crime in this jurisdiction, is living abroad and where the particular legal requirements apply extradition is sought or an application is made for a European Arrest Warrant.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

An Garda Síochána will continue to be proactive in the use and further development of links with other foreign law enforcement agencies to ensure that a comprehensive and coordinated approach is applied to the problem of Irish criminals resident abroad. In this respect, there already exist a number of bilateral agreements with foreign jurisdictions concerning serious and organised crime which facilitate greater cooperation and permit the exchange of staff and the transfer of expertise between the parties to these agreements.

The ongoing activities and successes of the Criminal Assets Bureau, in cooperation with similar agencies in other jurisdictions, also ensures that this type of criminality is being tackled, regardless of the location of the criminal concerned.

Prison Drug Treatment Services.

James Reilly

Question:

134 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the number of drug detoxification places available in each of the State’s prisons; and if he will make a statement on the matter. [9065/08]

At present, any person entering prison giving a history of drug use and testing positive for drugs on committal are offered a medically assisted symptomatic detoxification for operational reasons. Patients can, as part of the assessment process, discuss other treatment options with healthcare staff, which may include methadone maintenance.

The Medical Unit in Mountjoy Prison has spaces specifically allocated for a dedicated drug detoxification programme. Each multidisciplinary programme lasts 6 weeks and the programme has a capacity of 9 prisoners at a time.

Prisoners who present, either on committal or otherwise, with other substance misuse related problems have available to them a range of medical, nursing, psychological, and counselling services which are tailored to the particular needs of their situation.

Finally, I should add that the capacity to deliver the Irish Prison Service's Drugs Policy and Strategy will be significantly enhanced by the provision of the new complex at Thornton Hall.

Drug Seizures.

Joe Costello

Question:

135 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the quantity and values of seizures of heroin, cocaine, cannabis and other drugs here during 2007; the proportion of the overall flow of drugs into Ireland believed to be represented by these seizures; the new initiatives he is planning to control the flow of illegal drugs into Ireland; and if he will make a statement on the matter. [8968/08]

I have been informed by the Garda authorities that the following table shows the approximate quantities of heroin, cocaine, cannabis and other main illegal drugs seized in 2007*:

*Drug Seizures in 2007

Drug Type

Quantity

Street Value

Heroin

125.2 Kgs

24,920,000

Cannabis Resin

1.7 Tonne

12,416,000

Cannabis Herb

1.76 Tonne

3,676,000

Ecstasy Tables

360,279 tablets

3,602,000

*Cocaine

1.7 tonne

119,480,000

Amphetamine

34 kgs

510,000

Total

164,604,000

*The figures provided for 2007 are operational, provisional and may change.

In terms of estimating the proportion of drug seizures made in this jurisdiction by our law enforcement authorities in relation to the overall volumes of drugs being trafficked, obviously given the clandestine nature of this illegal activity this is extremely difficult to quantify with any degree of certainty and is therefore speculative.

However to assist the Deputy, what can be said in this regard though is that the global illicit drug trade is, according to the United Nations Office for Drugs and Crime (UNODC), reputed to exceed billions of US$ annually.

That UN office estimated in 2005 that global seizures for that year accounted for 44% of cocaine production, 28% of cannabis resin, 25% of opium production, 7% of amphetamines and 4.7% of ecstasy.

As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only.

Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008. The National Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Pat Carey, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and has recently begun the process of developing our new Strategy for the years 2009-2016.

This work will involve a wide ranging consultative process, in which my Department will actively participate, which will fully inform the development of our new Strategy.

My Department's remit in this area, while not exclusively, is primarily in the area of drug supply reduction, and drug law enforcement remains a key feature of the Government's drug policy framework.

An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include the following:

Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state.

Conducting intelligence driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.

Working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade.

Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.

This work is ongoing and An Garda Síochána will continue to pursue these strategies and continue to tackle organised crime and drug trafficking primarily through the use of specialist units and targeted intelligence led operations.

To further assist in our law enforcement efforts against drug trafficking, a number of new initiatives have been recently introduced.

Some examples of this includes the following:

The establishment in January 2008 of the Organised Crime Unit onto a permanent footing with full time staff assigned to it. The Unit now has a personnel strength of 70 and, in conjunction with the Garda National Drugs Unit and local Gardaí, will continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.

The recently established Maritime Analysis and Operations Centre (Narcotics) MAOC(N) in Lisbon, of which Ireland is a founding member. The Centre has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America.

A number of provisions introduced in the Criminal Justice Acts 2006 and 2007 have provided for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.

I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

Pre-Nuptial Agreements.

John Deasy

Question:

136 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform if his Department is still examining the recommendations of the report of the study group on pre-nuptial agreement published in early 2007; when that study is expected to be completed; when the heads of a Bill on the recommendations of the report is expected to be prepared; and if he will make a statement on the matter. [9071/08]

I refer the Deputy to my reply to Questions No. 64 and 131 on 7 November 2007. The recommendations made in the Report of the Study Group remain under review in my Department.

Question No. 137 answered with Question No. 112.

Disability Support Service.

David Stanton

Question:

138 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 120 of 7 November 2007, if the National Disability Strategy Stakeholder Monitoring Group received a further progress report on the strategy from senior officials at the end of 2007; if this report and the previous two reports will be published; if the Stakeholder Monitoring Group also have a role in monitoring the implementation of the sectoral plans; and if he will make a statement on the matter. [9022/08]

The National Disability Strategy was launched by Government in September, 2004 and underpins the participation of people with disabilities in Irish society by building on existing policy and legislation. The implementation of the Strategy is the agreed focus of disability policy under the Partnership Agreement, Towards 2016.

Under the terms of Towards 2016, the National Disability Strategy Stakeholder Monitoring Group was established in December, 2006 to monitor progress on the overall implementation of the National Disability Strategy. The Group comprises representatives of stakeholder groups, senior officials and the National Disability Authority, while my Department also serves as Secretariat to the Group. The Group received a third report on the National Disability Strategy by senior officials of the relevant Government Departments in January, 2008. The reports provided to date have been presented to Dr. Jimmy Devins, T.D., Minister of State with responsibility for Disability and Mental Health and they have been presented to the Cabinet Committee on Social Inclusion. The three reports to date were not prepared on the basis that they would be published.

Under the provisions of the Disability Act, 2005, six Government Departments prepared Sectoral Plans in key sectors including transport, built infrastructure, housing, training and employment, health and social welfare provision. The Sectoral Plans were presented to the Oireachtas and they were published in December, 2006. The Departments have provided targets and costings for the implementation of the Sectoral Plans and have established separate fora with stakeholder representatives to monitor progress on the implementation of the plans.

Garda Diversion Programme.

Alan Shatter

Question:

139 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the number of children to whom the Garda diversion programme as provided for under the Children’s Act 2001 has been applied in each year since its coming into force in 2002; the number of Gardaí involved in the programme; the number of children whose subsequent to involvement in the programme have been subject to criminal charges for subsequent alleged offences; and the steps proposed by him to extent application of the programme. [4022/08]

I have been informed by the Garda Authorities that the number of children to whom the Garda Diversion Programme has been applied in each year since 2002 is as follows:-

Year

Proceedings Commenced

2002

17,493

2003

17,043

2004

17,656

2005

17,567

2006

20,016

2007

16,753

I have also been informed by the Garda Authorities that the National Juvenile Office does not collate figures in relation to the number of children who have been involved in the Garda Diversion Programme and have been subject to criminal charges for subsequent alleged offences.

As of 31 December 2007, the number of Garda Juvenile Liaison Officers (JLO) was 93, and the Garda Commissioner has given a commitment to appoint an additional 28 JLOs by 2010. Of course, while JLOs are specifically dedicated to this service, a significant number of Gardaí are also engaged in liaising with juveniles on a day-to-day basis. As for the deployment of Garda resources generally, I am assured that Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed by Garda management. This is to ensure that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

The Garda Diversion Programme is an initiative, first introduced in 1963, to provide an opportunity to divert juvenile offenders from criminal activity. The programme provides that if certain criteria are met, a juvenile offender under 18 years of age may be cautioned as an alternative to prosecution. It enables referral to the Garda Youth Diversion Projects which operate separately from the Programme and aim to divert young people away from crime and anti social behaviour. There are currently 100 of these type of projects operating throughout the country and this number will be extended to 168 in line with the commitment in the Agreed Programme for Government. Additional resources have been allocated to fund the further expansion of these projects with total funding set at €11.909 million for 2008.

Drug Seizures.

Michael Ring

Question:

140 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the action taken in relation to drugs confiscated here; and if he will make a statement on the matter. [5683/08]

I am informed by the Garda authorities that drugs which are classified as controlled in the Schedule of the Misuse of Drugs Act (1977/1984) which are seized by members of An Garda Síochána in the course of investigations are destroyed upon the determination of court proceedings.

Such drugs are destroyed under the supervision of a Detective Inspector from the Garda Technical Bureau following analysis, evidential requirements and the written authorisation of a member of An Garda Síochána, not below the rank of Inspector.

The Garda Technical Bureau also facilitates destruction of controlled drugs which have been received at the Bureau from Custom officials under the supervision of a Garda Inspector and with written authorisation from an appropriate Customs Officer. Each operation is documented and all associated records are maintained by the Garda Technical Bureau.

For security reasons, I cannot divulge further details of the disposal logistics.

I am informed by the Garda authorities that drugs which are classified as controlled in the Schedule of the Misuse of Drugs Act (1977/1984) which are seized by members of An Garda Síochána in the course of investigations are destroyed upon the determination of court proceedings.

Such drugs are destroyed under the supervision of a Detective Inspector from the Garda Technical Bureau following analysis, evidential requirements and the written authorisation of a member of An Garda Síochána, not below the rank of Inspector.

The Garda Technical Bureau also facilitates destruction of controlled drugs which have been received at the Bureau from Customs officials under the supervision of a Garda Inspector and with written authorisation from an appropriate Customs Officer. Each operation is documented and all associated records are maintained by the Garda Technical Bureau.

For security reasons, I cannot divulge further details of the disposal logistics.

Question No. 141 answered with Question No. 100.

Civilianisation Programme.

Pádraic McCormack

Question:

142 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform the number of Gardaí freed from desk duties by civilian employees to date; the steps he will take to increase civilianisation within An Garda Síochána; and if he will make a statement on the matter. [9067/08]

I have requested the Commissioner to supply the information sought by the Deputy and on receipt of same I will forward it to him.

Departmental Reports.

Pat Rabbitte

Question:

143 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if he has received the report of the Hartnett inquiry into the death of a person (details supplied); the reason the report has not been published; if it is intended to publish the report in full; and if he will make a statement on the matter. [8961/08]

I received the report of Mr Hugh Hartnett SC into the arrest, detention and treatment of Brian Rossiter and the subsequent investigation of his death. I referred the report to the Attorney General for advice in relation to its publication. His advice was that there were legal impediments to publication of the full report.

However, he also advised that more limited forms of disclosure were possible and I have acted on the basis of that advice. I made a copy of the full report available, subject to conditions of confidentiality, to the Cork city Coroner, who is conducting an inquest at present, and to those members of the Garda Síochána whose conduct was the subject of investigation under the terms of Mr Hartnett's warrant of appointment. In addition I have made voluntary discovery of the full report to the family's legal representatives within the context of ongoing legal proceedings. I also gave a copy of the full report to the Garda Commissioner and the Director of Public Prosecutions.

In so far as wider publication is concerned, I am in the process of preparing a summary of the report which I intend to publish shortly. The summary will include all of the report's findings and conclusions on each item of Mr Hartnett's terms of reference together with comprehensive information on the reasons for those findings.

Garda Equipment.

Brian Hayes

Question:

144 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that police sources in the United Kingdom have access to equipment which can identify drivers who have no licence or insurance through a system that operates through patrol cars; if his Department has had discussions with An Garda Síochána regarding this matter to see if these pieces of equipment can be installed within An Garda Síochána; and if he will make a statement on the matter. [4024/08]

I am informed by the Garda authorities that a pilot project using Automatic Number Plate Recognition (ANPR) systems in Garda vehicles has been successfully completed. Approval to proceed with a nationwide system has been conveyed and the Garda authorities will shortly hold a tender competition for the supply of the system. The primary focus of the system will be to check against watch lists that relate directly to the vehicle through its number-plate. Accordingly, to ensure maximum efficiency of the system, it is planned that the system will concentrate on checks against databases of stolen and untaxed vehicles and other vehicles brought to the attention of the Gardaí.

With regard to the extent to which the system could be used to check for no insurance or driver licences, I am advised that this would depend on the potential development of databases linking vehicles with licences and insurance. I am, however, advised that the proposed ANPR system could be used for this purpose if such databases could be developed.

Missing Persons.

Willie Penrose

Question:

145 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform when he expects to have the results of efforts to establish the identify of the body of an unidentified female, washed ashore at Kilmuckridge, County Wexford, on 12 December 1995, which was recently exhumed; and if he will make a statement on the matter. [8984/08]

Following a complete review, conducted by An Garda Síochána, of all aspects of the burial of the remains of an unidentified woman in County Wexford in 1995, and at their request, I authorised the exhumation of the remains. The exhumation took place on 28 November, 2007 and a post-mortem examination was conducted by the State Pathologist.

I am informed that samples of bone were forwarded to the Forensic Science Service in Birmingham, for DNA analysis and comparison on 29 November, 2007. Following this work the body remains unidentified. Details of the DNA profile have been requested for provision to the Forensic Science Laboratory for comparison with existing and future DNA profiles obtained of missing persons or their relatives.

Immigration Policy.

Denis Naughten

Question:

146 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he is taking to improve migrant screening at points of entry here; and if he will make a statement on the matter. [8950/08]

Additional resources have recently been allocated to the Garda National Immigration Bureau which will enhance the enforcement capacity of the Bureau in respect of immigration legislation and operations conducted in furtherance of this role.

Operation ‘Sonnet' is an ongoing initiative targeting the land border with Northern Ireland and other strategic locations in Garda border divisions to detect illegal entry to the state by foreign Nationals.

Operation ‘Gull' an operation within the Common Travel Area, which is directed by the Garda National Immigration Bureau, in co-operation with the UK Border and Immigration Agency and the Department of Social and Family Affairs (DFSA), continues to detect abuse of the Asylum process and Social Welfare systems of both jurisdictions.

In addition, my officials are examining the development of an Irish Border Information System (IBIS) capable of collecting, analysing and storing passenger information on all air and sea travel into and from the State. I expect that a Memorandum containing detailed proposals in this regard will be submitted to Government in the near future.

The Immigration Residents and Protection Bill 2008, currently before the Oireachtas, will assist An Garda Síochána in its enforcement role regarding immigration legislation and the removal of illegal immigrants and failed asylum seekers. The Bill restates many of the existing legislative provisions dealing with border control and, in certain circumstances, updates those provisions to take account of experience gained and advances in technology etc. In particular, the Bill provides a legislative basis for the greater use of biometric information, for identification purposes, at a number of stages in the immigration process including border control at ports of entry. In addition, I have also signalled my intention to bring forward an amendment on Committee Stage to allow for the making of regulations requiring information to be provided by carriers, before departure for the State, in respect of specified intended arrivals.

Public Order Offences.

Terence Flanagan

Question:

147 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings and anti-social behaviour orders between 1 October 2007 and 1 March 2008; and if he will make a statement on the matter. [9075/08]

Terence Flanagan

Question:

177 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings in the period January to February 2007 and January to February 2008; the number of anti-social behaviour orders sought in the same periods; and if he will make a statement on the matter. [9074/08]

Mary Upton

Question:

179 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [8991/08]

Aengus Ó Snodaigh

Question:

461 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour warnings issued and the number of ASBOs sought in County Wicklow. [8713/08]

I propose to take Questions Nos. 147, 177, 179 and 461 together.

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.

I am informed by the Garda authorities that the most recent figures available show that from 1 January, 2007 to 31 January, 2008 480 behaviour warnings were issued to adults and 145 to children. There have been 6 formal good behaviour contracts, which are used only in the case of children, made.

There were three applications by An Garda Síochána to the courts — two for a civil order (adult) and one for a behaviour order (child). Two applications remain before the courts, and one application was unsuccessful.

During this period the Wexford/Wicklow Garda Division, which includes County Wicklow, issued no behaviour warnings to adults or children.

I am further informed that between 1 October, 2007 and 31 January, 2008 214 behaviour warnings were issued to adults and 65 to children. There were 4 formal good behaviour contracts made during this period.

Between 1 January, 2007 and 28 February, 2007 8 behaviour warnings were issued to adults. From 1 January to 31 January, 2008 (the latest date for which figures are available) 35 behaviour warnings were issued to adults and 14 to children. There were 2 formal good behaviour contracts made during this period.

Question No. 148 answered with Question No. 111.

State Pathologist.

Tom Hayes

Question:

149 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if he is satisfied that it was appropriate for a recent documentary (details supplied) on the work of the State pathologist to reference live cases and explore the details of previous cases much to the distress of victims’ families; and if he will make a statement on the matter. [9052/08]

I can inform the Deputy that while my Department was aware that this programme was being made and gave permission for the State Pathologist to participate in it, the actual content of the programme was not within the Department's control and editorial responsibility rests with the programme makers and broadcasters. The Department was assured by the production company that next of kin had been contacted in those instances where individual cases featured, in light of the sensitive nature of the material. In one such instance, and shortly before broadcast, one of the families in question did contact the Department expressing dissatisfaction with the extent to which their concerns had been taken on board by the production company. Our understanding is that there was further subsequent interaction between the company and the family in question with a view to resolving those concerns, but the Department was not a party to those discussions.

While I am not aware that other families were similarly dissatisfied, the Department would very much regret if this was the case. For the sake of completeness, I should add that the decision to facilitate the programme makers in the instant case with access to the State Pathologist was taken some years ago. I do not envisage a programme of this character being facilitated in future.

Garda Síochána Ombudsman Commission.

Caoimhghín Ó Caoláin

Question:

150 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will take steps towards making additional resources available to the Garda Síochána Ombudsman Commission and his views on whether the contingent of just 30 investigators is sufficient to deal with the case load in view of the fact GSOC received 3,500 complaints since May 2007, 900 of which related to alleged criminal behaviour on the part of the Gardaí. [9000/08]

At the outset I should say that we have secured almost 100 sanctioned posts for the Garda Síochána Ombudsman Commission. In that context, section 80(2) of the Garda Síochána Act 2005 obliges the Ombudsman Commission to submit a report to me on its effectiveness and on the adequacy of the functions assigned to it within two years of its establishment. I am in receipt of an e-mail copy of that report and I understand that printed copies will be delivered to me shortly. Copies of those reports will in due course be laid before each House of the Oireachtas.

The report is being examined by my officials at present. However I am aware from ongoing contact with the Ombudsman Commission that they are of the view that certain amendments to the Act of 2005 would facilitate a better utilisation of resources. I intend to bring proposals for suitable legislative changes to Government in the near future.

Finally, I should say that I have secured authorisation for a total of 40 investigative posts for the Garda Síochána Ombudsman Commission and a recruitment process in relation to the outstanding vacancies for those specialised positions is currently in train.

National Drugs Strategy.

Joe Carey

Question:

151 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform his views on spending a day with a Garda drug unit in order to gain a real life experience of the problem of drugs in this State and a realisation of the deficiencies in the resources allocated to An Garda Síochána. [9080/08]

Drug misuse remains one of the most complex social ills faced globally and the Government is fully aware of, and does not in any sense, underestimate the nature and extent of the problem of drugs which we experience in this State.

The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008.

The National Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only.

Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Pat Carey, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and has recently begun the process of developing our new Strategy for the years 2009-2016.

As Minister, as well as in my capacity as public representative, I am well aware of the challenges which tackling the trade in drugs poses for An Garda Síochána.

Specifically, in terms of resources, as the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is and must remain the responsibility of Garda management to allocate personnel within the Garda organisation on a priority basis in accordance with overall policing requirements.

The Garda National Drugs Unit is the primary unit within An Garda Síochána charged with responsibility for drug supply law enforcement. As at 31 January 2008 the personnel strength of the Unit was 65.

Since the publication of the Government's National Drugs Strategy 2001-2008, Garda resources in the fight against illicit drugs have increased. This is particularly evident with the creation of additional Divisional Drug Units in areas of particular need. These Drugs Units operate in Divisions throughout the country with a primary focus on local drugs activities. The total strength of the Divisional Drug Units at the beginning of the year was 314.

Both the Garda National Drugs Unit and the Divisional units are also supported in their work by officers from other national units such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. Furthermore, all Gardaí are tasked with confronting drugs related issues as they arise.

The assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed.

This takes place against the background of the unprecedented expansion of An Garda Síochána which has taken and will continue to take place.

Additional Garda resources are coming on stream all the time. These additional human resources will facilitate the Garda Commissioner in the allocation of additional manpower to areas most in need, including areas with a significant drug problem.

Finally, I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review.

The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

Offensive Weapons.

Ciaran Lynch

Question:

152 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform his views on amending the Firearms and Offensive Weapons Act, 1990, and Offensive Weapons Order, 1991 to provide for the banning of samurai sword type weapons; and if he will make a statement on the matter. [8972/08]

As the House is aware, the Firearms and Offensive Weapons Act, 1990, prohibits possession in a public place of knives or any other articles which have a blade or are sharply pointed or any article made or adapted to cause injury. Any person found guilty of such an offence is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding twelve months or both. Possession in a public place of any article intended to cause injury to, incapacitate or intimidate a person is also an offence and carries a sentence on indictment of a fine or to imprisonment for a term not exceeding five years or both. The same penalties also apply where a person in the course of a dispute or fight produces any article capable of inflicting serious injury.

As I indicated recently, at my request, the Garda Commissioner undertook to review the current legislation pertaining to offensive weapons. I understand that this review will be finished shortly and I will fully consider any proposals it may contain.

Liquor Licensing Laws.

Martin Ferris

Question:

153 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the steps he will take to address the problem of persons under 18 hassling adults to purchase alcohol for them outside off-licences; and the measures that will be contained in the up-coming Liquor Licensing Bill or otherwise to tackle the problem. [9004/08]

As the Deputy is no doubt aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol and to report to me by 31 March. Among the key issues being examined by the Group is the adequacy and effectiveness of existing sanctions and penalties, particularly those relating to the sale and supply of alcohol to, and alcohol consumption by, under-age persons.

I look forward to receiving the Group's Report, and their recommendation on how best to proceed in this and related matters, by the 31 March deadline. I intend then to bring forward urgent proposals for legislative reforms which, with the assistance of both Houses, will be enacted and implemented before the Summer recess.

Juvenile Offenders.

Michael Creed

Question:

154 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform if he will report on reform activities in juvenile detention centres; and if he will make a statement on the matter. [9082/08]

In December 2005, the Government agreed to put in place a series of reforms for the youth justice system. These reforms concerned all aspects of youth justice, and included the establishment of the Irish Youth Justice Service (IYJS). The principal reform in relation to juvenile detention was the transfer of responsibility for the children detention schools to the IYJS, an executive office of my Department, following an amendment to the Children Act, 2001. Another key reform was the extension of the children detention school model to all children being detained. The Government also agreed to the establishment of an Expert Group on Children Detention Schools to begin planning for the redevelopment of detention school services.

I am pleased to say that significant progress has been made in recent years. The IYJS was established in December 2005. The Children Act 2001, as amended, has been fully commenced and the transfer of the children detention schools from the Department of Education and Science to the operational remit of the Irish Youth Justice Service has been completed. The Irish Youth Justice Service has a remit which addresses all aspects of youth justice including Garda Youth Diversion Projects, Young Persons Probation Projects, detention services and general youth justice policy.

Since 1 March 2007, 16 and 17 year old girls, who would previously have been detained in the prison system, are now only accommodated in Oberstown Girls School. With regard to 16 and 17 year old boys, planning is underway to accommodate this group in children detention schools and my colleague, Mr. Brendan Smith, T.D. Minister for Children, will soon publish a report of the Expert Group on Children Detention and make a statement on the matter in the coming weeks.

Passport Applications.

Kathleen Lynch

Question:

155 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the number of passports routed through his office in 2007; and if he will make a statement on the matter. [8977/08]

I assume the Deputy is referring to cases where I am approached in my capacity as a public representative to seek assistance with the Passport Office. While I, of course, offer appropriate assistance in that regard records are not maintained which would enable me to provide the precise information sought by the Deputy.

Garda Training.

Olivia Mitchell

Question:

156 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if it is appropriate that the Garda Síochána is without a dedicated firearms training range; and if he will make a statement on the matter. [9047/08]

I am informed by the Garda authorities that a dedicated firearms training range has been installed at the Garda College, Templemore and that a second similar range is being installed at a Dublin location and will be operational by April 2008. These prefabricated modular firearms ranges facilitate live fire shooting in a carefully contained indoor environment which adheres to all range safety requirements.

In addition, the Garda Síochána has two mobile firearms automated training systems for use at locations throughout the country and also has access to a total of nine Army firearms ranges around the country for the purpose of live firearms training.

Forensic Science Laboratory.

Noel Coonan

Question:

157 Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform if he will implement the recommendation of the Review of Resource Needs in the Forensic Science Laboratory and the Wider Scientific Context in Ireland (detail supplied) that 40 additional posts should be created at the State Forensic Laboratory; and if he will make a statement on the matter. [9049/08]

A total of 30 additional posts have been sanctioned for the Forensic Science Laboratory since December 2006, representing an increase of approximately 40% in approved staffing. This substantial extension of the Laboratory's capacity takes into account the findings of the Review referred to by the Deputy as to current demands on the organisation, as well as the need to plan for the implementation of the proposed DNA database. The question of the resources required to operate the database once established, which was also examined in the Review, and to which the Deputy may be referring, will of course be addressed further as the project is developed.

Judicial Appointments.

Jim O'Keeffe

Question:

158 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the changes which have been introduced in the UK under the Constitutional Reform Act 2005 under which judges are selected on merit, and merit alone, by a Judicial Appointments Commission and single recommendations for appointments for each office are made by such Commission; if he has proposals for reform along similar lines; and if he will make a statement on the matter. [7965/08]

I am aware of the procedures in place for judicial appointments in the United Kingdom. As the Deputy will be aware, in this jurisdiction the position is that the Judicial Appointments Advisory Board was established pursuant to the Courts and Court Officers Act 1995. Its purpose is to identify persons and inform the Government of the suitability of those persons for judicial office.

The Board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform.

Section 16 of the Act provides that the Government, when advising the President in relation to the appointment of a person to a judicial office, must first consider persons who have been recommended by the Board. It is important to note that the Board cannot submit nor recommend the name of a person unless that person meets the eligibility requirements set out by law in relation to the post in question. Furthermore, the Board cannot recommend the name of any person unless in the opinion of the Board the person concerned:

has displayed in his/her practice as a solicitor or barrister a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned,

is suitable on grounds of character and temperament,

is otherwise suitable,

and

complies with section 19 of the Act (this section provides that a person who wishes to be considered for appointment to judicial office must undertake in writing his or her agreement, if appointed to judicial office, to take such training as may be required by the Chief Justice or the President of the Court to which the person concerned is appointed).

Section 17 of the Act provides that the procedures do not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge or, subject to certain conditions, holds certain European or international judicial offices as set out in section 5 of the Courts (Supplemental Provisions) Act 1961 as amended.

The Standards in Public Office Act 2001 requires applicants to certify that their tax affairs are in order. Section 22(1) of the Act prohibits the Board from recommending a person for judicial office unless the person has furnished to the Board a tax clearance certificate and a statutory declaration that his/her tax affairs are in order.

While the ultimate decision as to who should be recommended to the President for appointment to judicial office still rests with the Government, the Government's practice has been, since the establishment of the Board, to recommend only persons who have been recommended as suitable for appointment to judicial office by the Board, in other words, a person whom the Board considers, in addition to having the necessary legal qualifications and experience, has displayed competence in his/her profession, is suitable on grounds of character and temperament and is otherwise suitable.

I have no plans to alter the way in which judges are nominated or appointed. However, the operation of the law continues to be kept under review in my Department.

Question No. 159 answered with Question No. 119.
Question No. 160 answered with Question No. 108.

Probation and Welfare Service.

Frank Feighan

Question:

161 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the budgetary allocation for the Probation and Welfare Service each year for the past five years; and if he will make a statement on the matter. [9051/08]

I can inform the Deputy that the budgetary allocation for the Probation Service for each of the past five years is detailed below, in tabular form.

The Deputy will note that there is a drop in the funding allocation for the current year. This is due to the fact that funding for Juvenile initiatives (€10.5 M.) is now under the remit of the Irish Youth Justice Service and this funding has transferred to the IYJS Vote. However, the Young Persons Probation (YPP), a division of the Probation Service, continues to work closely with the Irish Youth Justice Service in a collaborative way to deliver services to juveniles and in the implementation of the Children Act, 2001, as amended.

Year

Allocation

€m

2004

39.966

2005

44.939

2006

49.719

2007

59.323

2008

54.019

Garda Equipment.

P. J. Sheehan

Question:

162 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the number of Gardaí provided with stab-proof vests and bullet proof vests; and if he will make a statement on the matter. [9064/08]

The detailed allocation of Garda resources, including equipment, is a matter for the Garda Commissioner to be decided on the basis of his identified operational needs. I am advised by the Garda authorities that two types of protective body armour are currently in use by Gardaí. Detectives are issued with protective vests that have bullet and stab proof properties. A total of 1,500 of these vests have been issued to date and all detectives have access to them. Uniformed personnel are issued with lighter and more flexible protective vests which incorporate bullet and stab proof properties and to date 11,500 such vests have been issued to Members.

Drugs in Prisons.

Joe Costello

Question:

163 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the steps he will take to end the flow of drugs to prisons, in view of the disclosure that inmates have tested positive for drugs 40,000 times over the past three years; the prisons or places of detention that are regarded as drug free; and if he will make a statement on the matter. [8967/08]

Over the past 10 years a wide range of security measures have been put in place aimed at reducing the supply of contraband, including drugs, into our prisons. These measures include:

Tighter control and monitoring of prisoner visits in all closed prisons;

New visiting arrangements in most closed prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit;

Greater use of screened visits;

Greater vigilance in examining mail by prison censors and searching of other items entering the prison;

Increased random searching of cells and their occupants;

Stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence;

Use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities;

Installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and

Use of phone detectors and phased installation of telephone blocking technology.

In addition, a number of new security initiatives are shortly being introduced in all closed prisons including:

The introduction of enhanced security screening for all persons (visitors and staff) entering our prisons;

The establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams; and

The establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons; they will be available in addition to the normal prison staff and can target specific security problem areas.

There are currently drug free units in the following prisons — Wheatfield Prison, St. Patrick's Institution, Castlerea Prison and Mountjoy Prison. There is also an intensive detox programme in operation in Mountjoy Prison. Allied to this the Training Unit, Arbour Hill Prison, Loughan House and Shelton Abbey are regarded as drug free institutions.

The Prison Rules 2007 which came into operation in October 2007 gave effect to section 35(2)(j) of the Prisons Act, 2007 which provides for "testing prisoners for intoxicants including alcohol and other drugs". Mandatory drug testing provides information on trends in drug misuse, enables the identification and referral of drug abusers to treatment programmes, enables enhanced focusing of resources and acts as a deterrent to drug misuse. Mandatory Drug testing will also serve to provide important information to prison management that will contribute significantly to decision making in relation to the management of individual prisoners' sentences. At present, mandatory drug testing takes place in the Training Unit, St. Patrick's Institution, Castlerea Prison, Loughan House and Shelton Abbey. All prisoners must be drug free to attend an open centre and the intention is to roll out a programme of testing to the remaining institutions during 2008.

Gambling Casinos.

Pat Rabbitte

Question:

164 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if, having regard to the conclusions of the inter-Departmental Review Group on the Gaming and Lotteries Acts in 2000 to the effect that the Gaming and Lotteries Act 1956 effectively prohibits the operation of casinos here and that the ban on casino type gaming included in that Act should be retained in any new legislation, he will confirm policy in this area; if he has been advised that the 1956 Act has no application to casino type gaming carried on in members’ clubs; if so, the official status of that advice; if specific defects in the legislation have been identified; if the issue has been tested in the Courts or if it is planned to have it so tested; his proposals in relation to the issue; and if he will make a statement on the matter. [8962/08]

The Report referred to by the Deputy — Review of the Gaming and Lotteries Acts 1956-86 — did not treat in detail with the question of the operation of casinos in this jurisdiction, only to the extent that it reaffirmed the position adopted by the Government in June 1996, arising from a report of a Casino Task Force established by the then Minister for Finance, not to give further consideration to the introduction of legislation to provide for casinos. In that context the authors of the report Review of the Gaming and Lotteries Acts 1956-86 felt that they were not in a position to make any recommendations regarding the area of casinos other than that: "The ban on casino-type gaming included in the 1956 Act, should be retained in the new legislation to confirm current policy in this area."

Under Irish law, gaming and gambling is illegal, except where it is specifically permitted under the 1956 Gaming and Lotteries Act. Certain gaming activities are prohibited. The prohibition identified in the report referred to by the Deputy relates to the activities that are undertaken in casino-style operations, i.e. games where by reason of the nature of the game, the chances of all players including the banker are not equal. It is by reference to this provision that casinos are not lawful in the State.

I have been informed by the Garda authorities that they are aware of a number of private clubs offering casino-like activities around the country. These private clubs are visited by the Gardaí and I am informed that to date irregularities have not been detected that would justify a prosecution under the Gaming & Lotteries Acts 1956-86. I am assured that such premises will continue to receive Garda attention and if breaches of the legislation are detected the directions of the DPP will be sought. The Deputy will, I am sure, understand that it is a matter for the Garda authorities to investigate breaches of the legislation, and to take whatever action is appropriate.

In addition, the legislation proposed to give effect to the Third Money Laundering Directive (2005/60/EC), currently being drafted as the Criminal Justice (Money Laundering) Bill 2008, will impose on any establishment providing casino-type activities, including private members' clubs, certain obligations in relation to compliance with the Directive.

As the Deputy is aware, in August, 2006, the Government agreed to the proposal of my predecessor for the establishment of a Committee (the Casino Regulation Committee) to report on the possibilities for a legislative basis for the strict regulation of casino-style operations in the State.

This Committee completed their Report in April last year. It is a lengthy document which deals with a range of complex and inter-related public policy issues. Following consultation with my colleagues in Government I am pleased to say that the Report in question will be published within a fortnight. At that time I will be in a position, also, to announce the steps I intend to take to advance the situation in the most appropriate manner. Needless to say, I do not propose to comment on the Report or any of its recommendations in advance of its publication.

Garda Investigations.

Róisín Shortall

Question:

165 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the action taken in regard to the report into the circumstances in which the Gardaí failed to act on information supplied through Interpol from the Austrian authorities in relation to the alleged involvement of people based here in a global child pornography ring; the reason the report will not be published; if he is satisfied that adequate procedures are in place to ensure that information supplied is dealt with in future; and if he will make a statement on the matter. [8987/08]

I am informed by the Garda authorities that the Garda Chief Superintendent appointed to conduct an investigation into the matter concerned has submitted a report to the Garda Commissioner.

I am further informed that his report provides a comprehensive review of the actions taken by all parties in relation to the information supplied by the Austrian authorities through Interpol and makes a number of recommendations to ensure that such an occurrence does not happen in the future.

The report is currently being considered by the Garda Commissioner.

Question No. 166 answered with Question No. 110.

Liquor Licensing Laws.

Pádraic McCormack

Question:

167 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform if he is satisfied that sufficient steps are being taken to address alcohol abuse by minors; and if he will make a statement on the matter. [9068/08]

I refer the Deputy to my detailed response to Question No. 22 of 13 December last in which I outlined in detail the statutory provisions in relation to under-age consumption of alcohol.

As the Deputy is no doubt aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol, including issues relating to increased availability and excessive consumption of alcohol, and to report to me with their assessment of the best way forward by 31 March.

I intend then to bring forward proposals for changes in the law relating to the public order aspects of the sale and consumption of alcohol which will, I hope, with the support of both Houses, be enacted and implemented before the Summer recess. I will of course consider giving effect to any reforms recommended by the Group in relation to under-age consumption of alcohol in this legislation.

Question No. 168 answered with Question No. 118.

Prison Accommodation.

Arthur Morgan

Question:

169 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform if he will phase out the practice of slopping out in prisons; and if so, the time-frame within which he will do so. [9002/08]

The Irish Prison Service has embarked on a major capital programme involving the replacement of the four prisons at the Mountjoy campus, Portlaoise Prison, Cork Prison and parts of Limerick Prison. The primary objective of this programme is the modernisation of the prison estate, a key component of which will be the provision of in-cell sanitation as a key part of each of these new building projects.

It is intended that within the next three to five years all prison accommodation will be equipped with full in cell sanitation. In this context a new fully equipped 138 place cell block is due to open at Portlaoise Prison later this year and construction is well advanced on another new block at Wheatfield which will provide 144 additional places.

The current status of the Thornton Hall Prison project is that negotiations are currently underway with a commercial consortium, which was selected following an E.U. tender procedure for the design, construction, finance and maintenance of the proposed prison facilities. This will replace the existing Mountjoy Prison.

I am pleased to advise the House that the Notice of Development and Environmental Impact Assessment in respect of the project was published on Friday 29 February 2008. A copy of the Notice of Development has been lodged in the Oireachtas library.

Question No. 170 answered with Question No. 112.

Proposed Legislation.

Ruairí Quinn

Question:

171 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the progress made in the talks between his Department and representatives of the judiciary regarding the introduction of a judicial council; when he expects that the Judicial Council Bill will be published and enacted; and if he will make a statement on the matter. [8982/08]

Finian McGrath

Question:

477 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will resolve an issue (details supplied). [8832/08]

I propose to take Questions Nos. 171 and 477 together.

I refer the Deputies to my answer to Parliamentary Question number 224 of 31 January 2008. The position remains the same.

Question No. 172 answered with Question No. 120.

Denis Naughten

Question:

173 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform his plans to review the Criminal Justice (Public Order) Act 1994; and if he will make a statement on the matter. [8951/08]

At the time of its enactment, the Criminal Justice (Public Order) Act 1994 represented a very substantial modernisation of the law as it then stood. The Act has operated very satisfactorily and I have no plans for a fundamental review of its provisions. However, as one would expect in an area of law such as this, it has been necessary to amend it on several occasions since its enactment. I set out the main amendments below.

Section 24 of the Housing (Miscellaneous Provisions) Act 2002 inserted Part 2A into the 1994 Act: it provided for offences relating to entering and occupying land without consent.

Section 3 of the Criminal Justice (Public Order) Act 2003 built upon the 1994 Act by providing for exclusion orders which would allow the District Court to prohibit a person, upon conviction of an offence under Sections 4, 5, 6, 7, 8 or 9 of the Act of 1994, from entering or being in the vicinity of specified catering premises between such times, and during such a period as the Court may specify.

Section 184 of the Criminal Justice Act 2006 provided for two new sections, 23A and 23B, to be inserted into the 1994 Act which provide for a fixed penalty procedure in relation to offences under sections 4 and 5 of the 1994 Act, as an alternative to proceedings being taken in the first instance.

Section 185 of the Criminal Justice Act 2006 amended Section 19 of the 1994 Act to make it an offence to assault or threaten to assault or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. It also expanded the definition of ‘peace officer' to include fire brigade and ambulance staff.

I am currently examining the judgement of the High Court in the case of Niall Dillon-v-DPP, a case relating to begging. It may be necessary to deal with that judgement by way of an amendment to the 1994 Act. I expect to be in a position to make an announcement about that shortly.

The Deputy will also be aware that the Criminal Law Codification Advisory Committee was established last year under Part 14 of the Criminal Justice Act 2006 to oversee the development of a programme for the codification of the criminal law. The Committee proposes to include public order offences in the first code instrument to be prepared as part of its work programme for the period 2008 to 2009. The Committee expects to examine the 1994 Act in that context.

Garda Operations.

Joe McHugh

Question:

174 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of sniffer dogs on a Garda divisional basis; if there are plans to have a permanent dog in the north-west region; and if he will make a statement on the matter. [8905/08]

I am informed by the Garda Authorities that the Garda Dog Unit, which operates nationwide although based in the Dublin Metropolitan Region, has twenty-eight dogs broken down into the following specialist categories:

Category

Number

General Purpose

15

Drugs and Firearms

6

Explosives

4

Tactical Search

1

Victim Recovery

2

As part of the Unit above, a pilot scheme is already in place in the Southern Region with two Garda handlers and four dogs (two drug dogs and two general purpose dogs) allocated to Anglesea Street, Cork and Henry Street, Limerick.

The pilot scheme is currently being evaluated before any decisions will be taken with regard to further regionalisation of the service.

With regard to the number of dogs currently deployed by the Revenue Customs Service, I understand that 12 detector dog teams are in operation with the following breakdown per region:

Region

Number

Dublin Region

6

East/South East Region

2

South West Region

3

Border/Midlands/West Region

1 (based in Sligo)

Of these twelve detector dog teams, ten are used for drug detection, one is trained to detect tobacco and in response to enhanced powers given to the Revenue Customs Service in the Proceeds of Crime (Amendment) Act 2005 a cash detector dog team has been deployed.

In addition to performing searches for the Revenue Customs Service, the detector dogs teams are also used in Garda drugs searches, on request. The Sligo-based detector dog team is regularly called out to assist the Gardaí in the North West region.

Prison Education Service.

Pat Breen

Question:

175 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the number of prisoners in each of the State’s prisons availing of education and training courses; and if he will make a statement on the matter. [9061/08]

Simon Coveney

Question:

183 Deputy Simon Coveney asked the Minister for Justice, Equality and Law Reform the number of prisoners undertaking education and training programmes other than literacy programmes at each of the State’s prisons; and if he will make a statement on the matter. [9060/08]

I propose to take Questions Nos. 175 and 183 together.

Education in prisons is delivered by way of partnership between the Irish Prison Service and a range of educational agencies from the community. Vocational Education Committees (VECs) and Public Library Services make the largest contribution to, and are the mainstay of, the Prison Education Service.

The Department of Education and Science provided an allocation of 220 whole-time teacher equivalents to the prisons through the VECs in the academic year 2007/08. This has enabled education to be provided in all prisons, as well as special teaching arrangements where prisoners are segregated (e.g. Portlaoise, Mountjoy, Wheatfield, Limerick, Midlands, Castlerea and Cork).

Other Agencies also contribute significantly to prison education, for example:

The Open University

The Arts Council

Other third-level colleges, such as the National College of Art and Design

Three full-time librarians, employed by Dublin Public Libraries, work in prisons in the Dublin area.

With regard to the curriculum objectives, methods and course content are largely those of adult education. FETAC accreditation is widely used in prison education with all prison Education Units being accepted as meeting the quality assurance standards demanded by FETAC.

Participation in education generally varies with factors such as access, facilities, turnover of population and segregation. During 2006 approximately 50% of all prisoners were involved in some education. 25% of the total prison population was intensively involved, i.e. for more than 10 hours per week of classes. This level of involvement in education whilst in prison is very high by international standards.

The Irish Prison Service places a strong emphasis on the provision of work and training activities for prisoners. Training activities are chosen to give as much employment as possible for those in prison and to give opportunities to acquire skills which will help them secure employment on their release. There are a wide range of training workshops operating within the institutions e.g. metalwork, printing, computers, braille, woodwork, construction, industrial contract cleaning, craft, horticulture, electronics etc. In addition, the work and training function covers such essential services as catering and laundry services. The environmental waste management programme and the health and safety function also operate under the aegis of the work and training service. External accreditation of certified training is available for a number of courses run within the institutions.

The Work Training Service comprises an authorised complement of over 250 posts. Currently, there are over 90 workshops operating, actively catering for in excess of 800 prisoners each day.

Human Rights Issues.

David Stanton

Question:

176 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 7 of 13 December 2007, if he has received advice regarding changes which need to be made to the National Disability Strategy in order to ratify the UN Convention on the Rights of Persons with Disabilities from the high-level group, cross-Departmental implementation group; if not, when he expects to receive same; and if he will make a statement on the matter. [9023/08]

Ireland was in the first group of countries to sign, subject to ratification, the UN Convention on the Rights of Persons with Disabilities when it opened for signature on 30 March, 2007.

A high-level, cross-departmental implementation group was established in 2007 to advise on any changes to the Government's National Disability Strategy that may be required to enable the State ratify the Convention. This group has developed a work programme to address matters that need to be aligned with the UN Convention in order that ratification may take place.

It is the Government's intention that the Convention will be ratified by Ireland as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met.

In so far as my own Department is concerned, there is a need to reform the law on legal capacity of vulnerable adults. The Government's Legislative Programme contains a commitment to bring forward a Mental Capacity Bill. That Bill is an important element of the programme of work on the Convention. I am glad to report that the Scheme of the Bill is at an advanced stage of development in my Department.

Question No. 177 answered with Question No. 147.

Cultural Events.

Billy Timmins

Question:

178 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform his views on the concept of the organisation of an international parade day for foreign national communities in order to increase an awareness of their culture and contribution to society here; and if he will make a statement on the matter. [3808/08]

I am not aware of any particular demand from migrant groups for the holding of an event such as that suggested by the Deputy.

A number of events, stressing the cultural heritage of various migrant groups are currently held both at a national and local level. Such events allow communities to learn about each other's backgrounds and cultures.

Integration, however, implies that new cultures and traditions become part of a unified society. For that reason, I believe that considerable advantage lies in inviting new communities to participate in local and national parades thus emphasising the unification aspect of integration.

The Minister of State, Conor Lenihan, T.D. who has responsibility for integration policy, shares my views on this matter.

Question No. 179 answered with Question No. 147.

Prisoner Escapes.

Jan O'Sullivan

Question:

180 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of prisoners who have escaped or absconded from prisons here in each of the past ten years; the number who were serving sentences for serious crimes; if he is satisfied with the effort made to locate them; and if he will make a statement on the matter. [8980/08]

I am informed by the Director General of the Irish Prison Service that the statistics as requested by the Deputy for the last 10 years are as follows:

Year

Number of Escapes

Number of Absconds

1998

8

93

1999

14

184

2000

8

123

2001

13

95

2002

11

121

2003

12

70

2004

7

66

2005

9

81

2006

6

90

2007

7

136

The compilation of statistics relating to all offences for which prisoners have been convicted in the context of their current sentences or previous ones, if applicable, on an individual prisoner basis, would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.

I can inform the Deputy that there were 71 persons listed as being unlawfully at large on 4 February, 2008 having absconded from an open centre since 1998. I can also advise that there were 2 persons listed as being at large having absconded while being supervised on an external work party and a further 4 prisoners who absconded while on a supervised outing with a staff member such as a chaplain, again each case post dates 1998. In addition there are 3 persons at large having escaped from the custody of prison officers since 1998.

In most cases of absconsion, the offender is very much at the lower end of the risk to the public spectrum. An Garda Síochána is in regular contact with the Irish Prison Service in relation to a range of operational issues, including prisoners who have escaped or absconded. The Gardaí are informed where prisoners are unlawfully at large and have the power to detain, arrest, and return such persons to prison.

Prison Education Service.

Simon Coveney

Question:

181 Deputy Simon Coveney asked the Minister for Justice, Equality and Law Reform the number of literacy tutors working in each of the State’s prisons; and if he will make a statement on the matter. [9059/08]

Literacy work has been a strong element of the Prison Education curriculum since the early 1980's. The literacy curriculum concentrates on the needs of the individual and respects the adult status of the student, his/her prior knowledge, skills and life experience. It is also concerned with improving self-esteem and building confidence.

During the academic year 2007/08, the Department of Education and Science has provided an allocation of 220 whole-time teacher equivalents to the prisons.

An Adult Basic Education Development Worker is employed with specific responsibility for implementing and supporting developments and initiatives in the area of literacy, numeracy, English for speakers of other languages and basic education. Because of the literacy deficit of the prisoner population, literacy work forms an element of more than just the timetabled literacy classes. All teachers are aware of the literacy needs and these are dealt with as part of the general coursework of prisoners. This is a very effective method of linking the literacy learning programme of prisoners to an area they can engage with and is widely used in adult education.

The Irish Prison Service is implementing the new assessment framework devised by the National Adult Literacy Agency; "Mapping the Learning Journey", an assessment framework that identifies learner progress, provides tangible feedback and indicates areas on which to focus. It is a useful tool for both learning and teaching.

Progress has been made linking the education and training needs of prisoners since 2003, with the literacy action plan prepared by the prison education unit of each prison becoming one vehicle for integrating the efforts of the education and training sectors in prisons. Peer tutoring, promoting family literacy and developing post-release support for prisoners who undertake literacy tuition in prison are also promoted by the Prison Education staff wherever feasible.

Each student coming into the Prison Education Centre will have an individual interview to assess his/her educational needs and interests. Those with literacy difficulties are prioritised and slotted into class almost immediately. Every effort is made to publicise literacy classes and encourage as many prisoners as possible to avail of classes.

Irish Prison Service.

Joe Carey

Question:

182 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform his views on the findings and recommendations of the Irish prison chaplains annual report 2007; and if he will make a statement on the matter. [9079/08]

The Deputy will acknowledge that whereas the 2006/2007 Annual Report of the Irish Prison Service Chaplains contains certain criticisms of the prison system it also rightly recognises the significant progress that is being made in improving the system. The Report highlights and welcomes some of the major developments which have taken place in the period covered by the Report. In particular, the Report welcomed the advances that are being made in enhancing the range of rehabilitative services within the prisons and the provision of additional staffing to support these activities.

There are a number of other important issues raised in the Report to which the Deputy refers, and I would like to take this opportunity to respond to some of these:

Sentence Management

The Irish Prison Service is currently planning for the roll out of Integrated Sentence Management (ISM), which will be funded under the National Development Plan, starting in 2008 and delivered progressively over the lifetime of the Plan. The end result will see a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.

Sex Offenders Programme

With regard to the Sex Offender Programme, there is no question of any sex offender who wishes to participate on this programme being denied a place due to the lack of availability. The Irish Prison Service will provide as many programmes for these offenders as are required. It should also be noted that in addition to the men currently undertaking that programme, circa sixty other sex offenders have participated during the last year in one-to-one work related to their offending.

Reintegration

In relation to the Report's comments on reintegration, the Irish Prison Service, in partnership with community based groups, has developed a number of projects supporting prisoner reintegration in recent years. These projects have focused on the range of issues facing prisoners on their release such as homelessness, unemployment etc.

Education

Educational services are now available at all institutions and are provided in partnership with a range of educational agencies in the community including the VECs, Public Library Services, Colleges and the Arts Council. During the academic year 2007/08, 220 whole-time-equivalent VEC teachers are the main providers of these education programmes.

St. Patrick's Institution

As the Deputy will note, the Chaplains' Report commends the recent efforts by the prison management at St. Patrick's Institution to improve conditions there, including the improved educational facilities and the provision of separate accommodation and education units there for those under 18 years and those over 18 years.

Drugs Policy

The Chaplain's Report also welcomed positive developments in the area of drug treatment. Significant additional resources have been dedicated to enhancing the range and quality of drug treatment services in the prison since the launch of the Irish Prison Service Drugs Policy ‘Keeping Drugs Out of Prisons' in 2006. This has included the appointment of additional Addiction Nurses, Psychologists and Prison Officers and the awarding of a contract for the provision of 24 Addiction Counsellors. The range and quality of drug services in prisons has been significantly improved and the Irish Prison Service will continue with their phased implementation of the policy of investing in these services.

Question No. 183 answered with Question No. 175.
Question No. 184 answered with Question No. 127.

Departmental Funding.

Dan Neville

Question:

185 Deputy Dan Neville asked the Taoiseach the reason an application for an Access, Skills and Content Initiative 2007 made by groups (details supplied) in County Limerick was unsuccessful in an application made in 2007. [8913/08]

The application from Desmond Ability Resource Complex, under the Access Skills and Content (ASC) Initiative which is administered by my Department, in common with the other applications received, was assessed against the published criteria (copy available at http://www.taoiseach.gov.ie). An initial evaluation based on the material submitted, was carried out by the Information Society Policy Unit of my Department and then by a Committee comprising relevant experts from other Departments and agencies.

The information, provided in the application did not establish a sufficiently strong case to secure the funding sought, given the limited resources available and the other applications received. A further call for proposals will issue shortly in respect of the 2008 allocation for eInclusion and in that context there may be scope to provide a further opportunity for an application of this nature.

Departmental Bodies.

Eamon Gilmore

Question:

186 Deputy Eamon Gilmore asked the Taoiseach the progress in relation to the implementation of the report of the Taskforce on Active Citizenship which was published in March 2007; if he will confirm the establishment of the active citizenship office; the work that office carried out to date; and if he will make a statement on the matter. [8736/08]

The Taskforce on Active Citizenship completed its work in March 2007 and presented a set of recommendations to Government on measures that could be taken to increase active citizenship and civic participation.

The Government agreed in principle to the recommendations and is proceeding to implement them. To achieve this, an Office of Active Citizenship has been established in my Department and is currently developing a plan to implement the recommendations, following consultations with relevant Government Departments.

The Heads of Departments, in examining the implications of the Taskforce's recommendations, have identified how their existing strategies and programmes take account of the Taskforce recommendations. These are being considered by the Office with a view to presenting an implementation plan to Government over the coming months.

There has been a hugely positive response from both public and private stakeholders in pursuing the active citizenship agenda which I believe will ensure more vibrant, sustainable community life in the years to come. In particular, the Office, which is chaired by Ms. Mary Davis, continues to consult with various business interests in order to encourage greater connectivity to the community through this sector. Building on existing initiatives, there is a significant contribution this sector can make to communities nationwide.

Consultations are also being held with the wider educational sector with particular regard to raising awareness of the potential for service learning and volunteering.

Economic Growth.

Róisín Shortall

Question:

187 Deputy Róisín Shortall asked the Taoiseach the details of the respective assumptions made by the Central Statistics Office in terms of expectations of growth in the economy in arriving at its M1 and M2 projections for migration flows to and from Ireland to 2036 in its publication Population and Labour Force Projections, 2006-2036. [8774/08]

The projections, which were published in December 2004 and relate to the 2002 Census, provided from a (then) current perspective two contrasting scenarios to reflect the likely range of possible outcomes in respect of international migration. No explicit assumptions were made in respect of expected growth in the economy. Instead, two migration assumptions M1 and M2 were framed by the Expert Group in such a way as to give a likely range for migration over the projection period, having regard to recent experience across a range of factors such as the structure of the population and likely national and international trends in relevant areas.

Issues that were taken into consideration in framing the two scenarios included:

the capacity of our infrastructure to cope with continuing high population growth;

reduced labour supply due to the decline in births in the 1980s and 1990s;

demographic ‘pull' factors arising from a more rapidly aging population structure in other European countries;

sharply decreased pool of Irish migrants living abroad.

Updated projections based on the 2006 Census have been finalised and will be published shortly.

Enterprise Audits.

David Stanton

Question:

188 Deputy David Stanton asked the Taoiseach the Department, with reference to the commitment in the programme for Government that an enterprise audit will be conducted to review the use of existing and redundant agricultural buildings and manufacturing plants in rural areas, that will be responsible for ensuring that this enterprise audit is carried out; the agencies that will carry out this audit; and if he will make a statement on the matter. [9337/08]

In line with the commitment we have made in the Programme for Government, we are currently finalising arrangements for an enterprise audit to review the use of existing and redundant agricultural buildings and manufacturing plants in rural areas.

As the Deputy will appreciate, this is a comprehensive undertaking involving a number of state agencies and Government Departments. Final arrangements have yet to be made, but I can assure the Deputy that it will be completed during the lifetime of this Government.

I am happy to inform the Deputy that the Department of Community, Rural and Gaeltacht Affairs will coordinate with the Department of Enterprise, Trade and Employment and Department of Agriculture, Fisheries and Food.

This Government is fully committed to creating vibrant rural areas nationwide with a strong agriculture and enterprise sector. In previous Governments I have been privileged to lead, we have placed a new emphasis on the development of rural areas. Under this Government, we have continued and strengthened this commitment up to 2012.

Disabled Drivers.

Finian McGrath

Question:

189 Deputy Finian McGrath asked the Tánaiste and Minister for Finance if he will assist in the case of a person (details supplied). [8819/08]

Finian McGrath

Question:

190 Deputy Finian McGrath asked the Tánaiste and Minister for Finance if he will assist in the case of a person (details supplied) in Dublin 5. [8827/08]

I propose to take Questions Nos. 189 and 190 together.

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area.

If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Cross-Border Projects.

Joe McHugh

Question:

191 Deputy Joe McHugh asked the Tánaiste and Minister for Finance the measure that will be introduced through the North/South Ministerial body to address funding issues with respect to community projects currently coming to the end of Peace II funding; the Department that will provide mainstream funding for such projects (details supplied); and if he will make a statement on the matter. [8911/08]

I understand that the Deputy is referring to the Special EU Programmes Body (SEUPB), one of the six North South Implementation Bodies set up under the Good Friday Agreement. Its primary role is to manage two cross border European Union funded programmes, the PEACE programme and the Ireland/Northern Ireland/Scotland INTERREG programme. The SEUPB reports to the North South Ministerial Council.

I have been informed that the organisation referred to is in receipt of funding under the PEACE II Programme.

The SEUPB has no function in relation to general Departmental funding. However, there will be further EU funds available under the PEACE III Programme. The total amount of funding available in the PEACE III programme is €333 million. This amount is divided between the three priorities of the programme, Priority 1, Reconciling Communities, has been allocated €191 million, Priority 2, Contributing to a Shared Society, has been allocated €122 million and Priority 3, Technical Assistance, €20 million. The SEUPB is the Managing Authority for the new programme and further details in relation to it and the processes to be followed in applying to the programme are available from the SEUPB website at www.seupb.org.

Garda Operations.

Joe McHugh

Question:

192 Deputy Joe McHugh asked the Tánaiste and Minister for Finance the number of sniffer dogs being trained in this country; the length of time it takes for each dog to be trained; if he has plans to allocate further funding to the training of such dogs; and if he will make a statement on the matter. [8912/08]

I am advised by the Revenue Commissioners that the Customs Service currently deploys 12 detector dog teams at strategic locations throughout the country. All these dogs were initially trained in the UK. It normally takes between 8 and 12 weeks to train a detector dog. This is followed by joint training of the officer and the dog together, which takes up to a further 9 weeks. The final part of this training involves orientation and deployment in the actual working environments in the State where the dog will be used. Continuation and refresher training is also provided on an ongoing basis. The dogs are used to detect drugs, tobacco and cash. Passive dogs are used as this allows for the screening of passengers as well as merchandise and baggage.

In keeping with their commitment to the Government's National Drug Strategy, the Commissioners have considerably enhanced their drug detection capability in recent years on a number of fronts. In respect of detector dog teams alone, the number of these has been increased from 6 in 1993 to 9 in 2003 and now stands at 12. The Commissioners constantly monitor and review the effectiveness of resource deployment and allocate additional resources, where there is a need to do so.

The Commissioners also believe in ensuring the detector dog teams maintain a high public visibility at the ports, airports, postal depots and freight forwarders' premises in which they routinely operate. The Customs' detector dogs also assist an Garda Síochána, whenever requested to do so.

Architectural Heritage.

Richard Bruton

Question:

193 Deputy Richard Bruton asked the Tánaiste and Minister for Finance the developments under consideration in the context of regeneration of the General Post Office site; if a framework plan will be published for public consultation; and if he has developed a timetable for the project. [8709/08]

Richard Bruton

Question:

195 Deputy Richard Bruton asked the Tánaiste and Minister for Finance the latest plans for renewal works at the General Post Office; the scope of the plans that are under construction; the process of public consultation that is envisaged; the timescale envisaged for completion of the project. [8777/08]

I propose to take Questions Nos. 193 and 195 together.

In the context of the approaching Centenary of the Easter Rising and having regard to the significant commercial developments taking place in the area, the Government has arranged for a consideration by officials, co-ordinated by the Department of the Taoiseach, of the regeneration of the General Post Office and the possibilities for development of cultural and amenity facilities in the complex.

This is a preliminary study to assess the potential and to contemplate the critical time path of any development, the possible costs involved and the implications arising for the operations of An Post. The conclusions of the study will be presented in the first instance for the consideration of Government and then brought to the Oireachtas Consultation Group on the Centenary of the Rising.

The study will require several months and a timetable for any ensuing project would be assessed later.

Tax Code.

Tom Hayes

Question:

194 Deputy Tom Hayes asked the Tánaiste and Minister for Finance when the new rules on the exemption of stamp duty for family members which was announced in Budget 2008 will come into law. [8775/08]

Where a parent transfers a site to a child for the purpose of constructing the child's principal private residence, relief from Stamp Duty applies where market value of the site does not exceed a specified threshold.

The threshold was increased to €500,000 in respect of disposals made on or after Budget day (5 December 2007).

Question No. 195 answered with Question No. 193.

Irish Language.

Richard Bruton

Question:

196 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if there is a change in the policy under which persons who have a proficiency in Irish are awarded credit in promotion competitions for such proficiency; if new circulars have been issued modifying the application of this policy; and if he will make a statement on the matter. [8778/08]

I can confirm that there has been no change in the policy under which persons who have a proficiency in Irish are awarded credit in promotion competitions for such proficiency and no new circulars modifying the application of the policy have been issued by my Department. However, the overall arrangements under which candidates are awarded credit for proficiency in Irish is currently under review in consultation with the unions represented at the civil service general council.

EU Directives.

Dan Neville

Question:

197 Deputy Dan Neville asked the Tánaiste and Minister for Finance if he will make a statement on a matter (details supplied). [8889/08]

Dan Neville

Question:

198 Deputy Dan Neville asked the Tánaiste and Minister for Finance if he will make a statement regarding the Energy Tax Directive 2004; and the position regarding fuel rebate for school services. [8920/08]

I propose to take Questions Nos. 197 and 198 together.

The 2003 EU Energy Tax Directive incorporated special derogations which allowed specific excise duty reliefs to be applied in a number of Member States. In the Irish context, these derogations allowed for reduced rates to apply to fuel used for public transport services which includes school transport services.

While these derogations expired on 31 December 2006, Ireland, along with other Member States, sought retention of its derogations beyond that date. However the European Commission, who are the deciding authority, has refused all such requests.

Consequently, as the Deputy may be aware, the Finance Bill 2008 includes the legislative changes to withdraw the relief in respect of fuel used for public passenger transport vehicles. The relief will be withdrawn with effect from 1 November 2008 and the appropriate full excise rates will apply from that date.

However, the Department of Transport and other relevant line Departments are, in conjunction with my Department, exploring alternative mechanisms that may be used to direct Exchequer resources toward such services from that date, subject of course to compatibility with EU State Aid requirements.

Tax Collection.

Joan Burton

Question:

199 Deputy Joan Burton asked the Tánaiste and Minister for Finance further to Parliamentary Question No. 71 of 26 February 2008, the number of taxpayers and the proportion of taxpayers for the years 2007 and 2008 paying tax at the standard rate who are nominally liable to pay tax at the higher rate before such credits are taken into account. [9008/08]

As the Deputy is aware, the data relating to the numbers paying tax at the higher rate, the standard rate and exempt were set out in my reply to her question on 26 February 2008. An explanation as to why the data are presented in this way is contained in the 2007 Budget booklet, pages C.23 to C.28.

As I indicate in my previous reply on 26 February 2008, what matters to earners is the amount of their earnings that they keep in their pockets. For all income earners, whether single or married, the position is that their take home pay has increased very significantly in real terms over the last ten years.

As indicated in An Agreed Programme for Government, the aim over the term of Office of this Government is to keep the overall tax burden low and implement further changes to enhance the reward for work while increasing the fairness of the tax system.

Departmental Properties.

Richard Bruton

Question:

200 Deputy Richard Bruton asked the Tánaiste and Minister for Finance the location and floor area of each building in respect of the properties in Dublin which have been released or sold as a result of the decentralisation programme; and the way in which each building has been released. [9126/08]

The area and method of sale of the properties released in Dublin are shown in the following table.

Location

Area Sq. M

Method of Sale

14-16 Lord Edward Street

1,940

Public Tender

26-27 Eden Quay

720

Public Tender

72-76 St. Stephen’s Green

6,207

Public Tender

Chantilly, Rathmichael, Co Dublin (site)

13,300

Private Treaty

Faculty Building, Shelbourne Road

2,509

Public Tender

Former Vet College, Shelbourne Road (site)

8,300

Public Tender

Gardiner Street

1,002

Private Treaty

Lad Lane (site)

3,900

Public Tender

Land adjacent to RHK (site)

1,537

Private Treaty

Parnell Square West

1,340

Public Tender

St. John’s Road (site)

33,200

Public Tender

The above disposals have realised €355.6m. In addition, four properties valued at €75m were transferred to the Affordable Homes Partnership.

In addition to the above, space has been freed up by a number of Departments in Dublin following a series of relocations under the Decentralisation Programme.

The OPW, in consultation with the relevant Departments, is in the process of compiling a schedule of the space freed up which will distinguish between space which:

1. has been reallocated to meet new requirements;

2. has been reallocated to meet shortfalls in existing accommodation provisions;

3. is available for reallocation/disposal.

Tax Code.

John O'Mahony

Question:

201 Deputy John O’Mahony asked the Tánaiste and Minister for Finance if he has plans to reduce VAT on defibrillators from 21% to 13.5% as the funds to purchase such defibrillators are raised by voluntary groups; and if he will make a statement on the matter. [9127/08]

Olivia Mitchell

Question:

202 Deputy Olivia Mitchell asked the Tánaiste and Minister for Finance his plans to reduce VAT on defibrillators from 21% to 13.5 % in view of the fact that funds raised by voluntary groups go by way of VAT to the Exchequer and that having a defibrillator is not a luxury but a necessity; and if he will make a statement on the matter. [9143/08]

Brendan Howlin

Question:

203 Deputy Brendan Howlin asked the Tánaiste and Minister for Finance if he will favourably consider reducing the VAT rate on defibrillators operated by voluntary local groups; and if he will make a statement on the matter. [9146/08]

Paul Kehoe

Question:

206 Deputy Paul Kehoe asked the Tánaiste and Minister for Finance his views on reducing the rate of VAT on defibrillators from the rate of 21% to 13% as it would greatly reduce the cost of such for community based organisations; and if he will make a statement on the matter. [9174/08]

Joe Costello

Question:

209 Deputy Joe Costello asked the Tánaiste and Minister for Finance his views on correspondence (details supplied); if he will reduce VAT on defibrillators from 21% to 13.5%; and if he will make a statement on the matter. [9183/08]

Jack Wall

Question:

211 Deputy Jack Wall asked the Tánaiste and Minister for Finance his views in relation to a submission (detail supplied); if action is feasible in relation to the request in view the health value the device has and is giving to communities particularly those isolated from services and to sporting organisations; and if he will make a statement on the matter. [9228/08]

Willie Penrose

Question:

213 Deputy Willie Penrose asked the Tánaiste and Minister for Finance if he will take steps as part of the Finance Bill 2008 currently being discussed to reduce the rate of VAT on defibrillators from 21% to 13.5%, as it is generally voluntary and community bodies who are engaged in raising funds at local level to provide for defibrillators right throughout the country as they are a necessity; and if he will make a statement on the matter. [9262/08]

Mary Upton

Question:

216 Deputy Mary Upton asked the Tánaiste and Minister for Finance if he will cut the rate of VAT on defibrillators in order to assist voluntary sporting organisations and community groups to better afford this potentially life saving equipment; and if he will make a statement on the matter. [9450/08]

I propose to take Questions Nos. 201 to 203, inclusive, 206, 209, 211, 213 and 216 together.

The position is that in matters relating to the VAT rating of goods and services, I am constrained by the requirements of EU VAT law with which Irish VAT law must comply. In this regard, I would point out that the rate of VAT that applies to a particular good or service depends on the nature of the good or service and not on the status of the consumer. In this instance, there is no provision in EU law that would permit the removal or reduction of VAT based on the social or economic status of the consumer or sporting, voluntary, local or community based groups.

In relation to the VAT rate that applies to defibrillators, the position is that under the VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services. The zero VAT rate cannot therefore be applied to defibrillators which are subject to the standard rate.

In addition, Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. While Annex III does include the supply of medical equipment for the exclusive personal use of a disabled person, it does not include defibrillators for general use. The reduced rate cannot be applied to the supply of defibrillators.

Therefore the only rate of VAT that can apply to the supply of defibrillators is the standard VAT rate which in Ireland is 21%.

Tax Collection.

Niall Collins

Question:

204 Deputy Niall Collins asked the Tánaiste and Minister for Finance the position regarding an application for stamp duty refund by persons (details supplied) in County Kilkenny. [9163/08]

I am advised by the Revenue Commissioners that in this case stamp duty has been charged at the rate appropriate to investors. In order to consider the question of a refund, the Revenue Commissioners wrote to the persons in question in July 2007 and again in January 2008 seeking further information in support of their claim. This information has not been received to date. On receipt of a reply the claim for a refund will be considered.

Departmental Agencies.

Róisín Shortall

Question:

205 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the customer service targets operated by the Revenue Commissioners; and the way performance related to these targets in 2007. [9171/08]

I am advised by the Revenue Commissioners that Revenue's Customer Service Charter reflects the mutual expectations of Revenue and its customers and seeks to ensure that the organisation conforms to the highest principles of professional public service. Revenue measures its performance against the standards set out in the Customer Service Standards document.

The results for 2007 will be published in Revenue's Annual Report for 2007 due out in April next. The published Standards and the service Standard results for 2006 & 2005 are as follows:

2006

2005

%

%

Complaints

Processed impartially within 20 working days

100

100

Telephone Service

PAYE 1890 Calls (answered)

65

47

Other calls answered within 30 seconds

78

79

Registrations

VAT 100% within 10 working days

91

86

Other 100% within 5 working days

79

87

Returns, declarations, Applications

ROS 100% within 5 working days

93

91

Non ROS 80% processed within 10 working days

Income Tax

37

36

Corporation Tax

40

32

Other

96

91

Non ROS 100% processed within 20 working days

Income Tax

64

54

Corporation Tax

71

67

Other

97

97

AEP Immediate Response

Immediate response

Immediate response

Repayments

Non ROS 80% processed within 10 working days

76

76

100% processed within 20 working days

90

88

ROS 100% within 5 working days

Income Tax

79

79

Corporation Tax

68

68

Correspondence, e-mail, fax

80% processed within 20 working days

82

82

Applications for Tax Clearance Certificates

100% processed within 6 working days

90

86

The Charter and Customer Service Standards documents are available on Revenue's website www.revenue.ie.

Question No. 206 answered with Question No. 201.

Tax Collection.

Joan Burton

Question:

207 Deputy Joan Burton asked the Tánaiste and Minister for Finance when he and his Department became aware of the proposed sale by a whistle-blower to European Governments of a list of residents from different jurisdictions with bank accounts in Liechtenstein as has recently happened in Germany; if there has been a proposal to provide the relevant Irish authorities with such a list in return for a some of money; if such an offer has been followed up; if a list of Irish residents with Liechtenstein bank accounts has been, or will be established as a result of such or any other initiative; and if he will make a statement on the matter. [9179/08]

I am advised by the Revenue Commissioners that they recently became aware that the German tax authorities have access to a list of individuals holding funds in a financial institution in Liechtenstein. That jurisdiction is one of three jurisdictions which has been listed by the OECD as an uncooperative tax haven. Revenue inform me that they have initiated enquiries with the German tax authorities to establish whether any Irish residents appear on this list.

Niall Collins

Question:

208 Deputy Niall Collins asked the Tánaiste and Minister for Finance the policy of the Revenue Commissioners in relation to payments (details supplied); and if he will make a statement on the matter. [9181/08]

I am advised by the Revenue Commissioners that it is their policy and practice to encourage and support voluntary and timely compliance both as regards the filing of returns and the payment of taxes due.

Where a person or business experiences particular short-term cash flow difficulties which impact on the capacity to meet the relevant tax obligations, Revenue encourages such an individual or business to make contact with the Collector-General at the earliest opportunity. The Collector-General would be prepared to explore any reasonable proposals that would bring about full compliance with the tax obligations. Such proposals may include a phased payment arrangement, but such an arrangement would include interest. The specific proposals for phased payments in any individual case would depend on the overall circumstances, including the health of the business, and would be discussed with the taxpayer and/or his agent.

Question No. 209 answered with Question No. 201.

Flood Relief.

Finian McGrath

Question:

210 Deputy Finian McGrath asked the Tánaiste and Minister for Finance the person who has responsibility for maintaining drainage of rivers (details supplied) in County Galway. [9194/08]

Primary responsibility in relation to the prevention of flooding to property adjoining rivers rests with the owners of the property. In the case of channels that were included in a scheme carried out under arterial drainage legislation the Office of Public Works or the relevant County Council have a maintenance responsibility. The channels referred to were not part of any such scheme.

Question No. 211 answered with Question No. 201.

Tax Collection.

Bernard J. Durkan

Question:

212 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Finance when a tax refund will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9237/08]

I have been advised by the Revenue Commissioners that the taxpayer is jointly assessed with her spouse for income tax purposes. Her spouse is self-employed and therefore, as a chargeable person, is obliged to submit an annual tax return. Following receipt of a completed tax return, a notice of assessment is issued to the taxpayer's spouse and any tax overpaid by the taxpayer may then be refunded. The taxpayer was employed and paid tax in the years 2004, 2005 and 2007. However, completed tax returns for the years 2004 and 2005 are outstanding. These have been previously requested from the taxpayer's spouse. A completed tax return for 2007 is also outstanding and is due to be filed by the taxpayer's spouse on or before 31 October 2008. On receipt of these outstanding tax returns, the taxpayer's entitlement to a tax refund can then be determined.

Question No. 213 answered with Question No. 201.

Sean Fleming

Question:

214 Deputy Seán Fleming asked the Tánaiste and Minister for Finance when a tax certificate will be issued to a company (details supplied). [9267/08]

I am advised by The Revenue Commissioners that an application for a subcontractors certificate (Form C2) was received from the taxpayer on 6 February 2008. On 12 February 2008 the application was returned to the taxpayer advising him that as he was not registered as self employed his application could not be processed. He was advised as to how to register as self employed and was supplied with the relevant form for completion.

On 15 February 2008 the taxpayer returned the completed application and he was registered as self employed on 20 February 2008. On 22 February 2008 the C2 application was processed. Revenue will advise the taxpayer when his certificate is available for collection. This contact will be made in the course of the next few days.

Greenhouse Gas Emissions.

Andrew Doyle

Question:

215 Deputy Andrew Doyle asked the Tánaiste and Minister for Finance the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9443/08]

My Department and its agencies have implemented or are in the process of implementing measures to reduce their carbon footprint in 2007/08.

The Office of Public Works it is currently engaged in a multifaceted strategy to reduce carbon dioxide emissions and the overall carbon footprint of Government occupied buildings, as follows:

A state wide staff energy awareness campaign entitled "Optimising Power @ Work" in 250 large state office buildings. The target is to reduce carbon emissions by an average of 15% in each building over the course of the project.

A Heating Fuel Conversion Programme to convert the heating systems of approximately 20 large state buildings from their existing fossil fuel burners (oil/natural gas) to biomass burners. The biomass fuel will be in the form of Wood Pellets or Wood Chips. Apart from the obvious benefit that biomass provides, the conversion programme is intended to stimulate the native production of these fuels.

Maximising energy efficiency through the design and construction of newly commissioned buildings.

In relation to my Department and the other offices and agencies under its aegis, I have been informed that a range of measures are being implemented to reduce the carbon footprint of these offices and agencies, including:

Energy audits and energy awareness campaigns.

Increased sourcing of energy from renewable source.

Recycling policies in relation to paper and other materials with every effort made to purchase eco-friendly products.

The use of green energy efficient IT servers and of virtualisation technology to consolidate the number of servers required.

Use of software products that automatically shut down personal computers according to a centrally controlled schedule.

Question No. 216 answered with Question No. 201.

Children in Care.

Olwyn Enright

Question:

217 Deputy Olwyn Enright asked the Minister for Health and Children the number of children who have been placed in care centres outside of Ireland as a result of court decisions; the number who have been placed in each centre, each year for the past five years; the annual cost of same; and if she will make a statement on the matter. [8812/08]

The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my 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.

Olwyn Enright

Question:

218 Deputy Olwyn Enright asked the Minister for Health and Children her views regarding the old age pension for retired medical officers in the dispensary system; her Department’s position on same; and if she will make a statement on the matter. [8846/08]

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.

Health Research Funding.

Joe McHugh

Question:

219 Deputy Joe McHugh asked the Minister for Health and Children if he will explore funding opportunities through Interreg or the Belfast Agreement to fund research for people suffering from duchenne muscular dystrophy; and if she will make a statement on the matter. [9168/08]

Joe McHugh

Question:

285 Deputy Joe McHugh asked the Minister for Health and Children if she is prepared to explore potential avenues of funding for duchenne muscular dystrophy research through the North-South Ministerial Council; and if she will make a statement on the matter. [9167/08]

I propose to take Questions Nos. 219 and 285 together.

I met with Muscular Dystrophy Ireland in October last year. I wish to assure you that I am very aware of the situation for the families with children suffering from Duchenne Muscular Dystrophy. I am aware also of their hopes regarding a proposed clinical trial led by the MDEX consortium in the UK. The funding of health research being carried out in the UK is not appropriate to the Good Friday Agreement, North South Ministerial Council or the INTERREG Programme, as referred to by the Deputy in his questions. The Department of Health and Children does not directly fund research and I have recommended that the researchers apply to the Health Research Board for joint funding of the proposed trial. However, the researchers would of course have to compete with all the other proposals being received by the Health Research Board.

I understand that Muscular Dystrophy Ireland held the first information day on "Advances in the Care of Duchenne Muscular Dystrophy" for families and doctors last Sunday 2nd March. I was pleased to be able to support Muscular Dystrophy Ireland by providing over €9,000 towards the costs associated with the information day.

Health Services.

Richard Bruton

Question:

220 Deputy Richard Bruton asked the Minister for Health and Children the reason chiropody is not regarded as a core element of entitlement for medical card holders; her views on entering into a contract with chiropodists in order that medical card holders would not find themselves restricted in the use of chiropody services and obliged to pay top-up fees to chiropodists for access to the service; and if she will make a statement on the matter. [9650/08]

Eamon Gilmore

Question:

235 Deputy Eamon Gilmore asked the Minister for Health and Children the reason medical card holders are being requested to pay a top up charge when they attend a chiropodist for treatment; and if she will make a statement on the matter. [8825/08]

James Reilly

Question:

241 Deputy James Reilly asked the Minister for Health and Children the eligibility for medical card holders, particularly pensioners and card holders on disability allowance to access chiropodist care; if the cost of such care is fully covered by the medical card; and if she will make a statement on the matter. [8849/08]

I propose to take Questions Nos. 220, 235 and 241 together.

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

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

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

Cancer Screening Programme.

Pat Breen

Question:

221 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare has been informed that they may have to wait two years for a mammography despite the fact that there is a family history of breast cancer; and if she will make a statement on the matter. [8729/08]

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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in relation to the matter raised.

Hospital Services.

Caoimhghín Ó Caoláin

Question:

222 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a person (details supplied) in County Wicklow will have the heart surgery they have been waiting 18 months for; and if the surgery will be scheduled urgently. [8749/08]

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

Health Service Staff.

Caoimhghín Ó Caoláin

Question:

223 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of orthodontists in County Waterford and the south east generally; and her views on whether more are needed. [8750/08]

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.

Health Services.

Caoimhghín Ó Caoláin

Question:

224 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the waiting times for orthodontic work in County Waterford and the south east generally. [8751/08]

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.

Hospital Staff.

Eamon Scanlon

Question:

225 Deputy Eamon Scanlon asked the Minister for Health and Children the anticipated time scale for a resolution to the consultant contract negotiations to allow the appointment of a consultant colorectal surgeon in a hospital (details supplied) in County Donegal; and if she will make a statement on the matter. [8756/08]

Subject to overall parameters set by Government, the Health Service Executive has 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 therefore the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy directly.

Domestic Violence.

Jack Wall

Question:

226 Deputy Jack Wall asked the Minister for Health and Children her plans to address the link between violence against women and mental ill health; if she plans to implement the Women’s Health Council’s recommendations; and if she will make a statement on the matter. [8757/08]

The Government is committed to the full implementation of "A Vision for Change" the report of the Expert Group on Mental Health Policy and has accepted the report as the basis for the future development of mental health services. Although "A Vision for Change" does not specifically mention gender based violence, it identifies violence as one of the risks that may lead to mental health problems. The Report recommends a mental health system that addresses the needs of the population through a focus on the requirements of the individual and that mental health promotion programmes should particularly focus on those interventions known to enhance protective factors and decrease risk factors for developing mental health problems.

The Womens Health Council Report ‘Violence Against Women and Health', 2007 made recommendations in relation to: training of health professionals in dealing with violence against women, improved screening and counselling of women presenting at health services for violence against women, strengthening the advocacy role of the health services, and improved data collection.

Implementation of these recommendations is 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.

Jack Wall

Question:

227 Deputy Jack Wall asked the Minister for Health and Children her views in relation to the amount of funding allocated to expert counselling and support organisations in the community and voluntary sector for women who experience violence; her plans to increase funding to this important sector; and if she will make a statement on the matter. [8758/08]

The distribution of funding for the provision of services to women victims of violence and the provision of health and personal services is a matter for the Health Services Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Facilities.

Enda Kenny

Question:

228 Deputy Enda Kenny asked the Minister for Health and Children her Department’s policy on the placement of vending machines in hospitals and facilities under the remit of her Department, particularly the policy with regard to public hospitals, proposed co-located hospitals and hospitals or health facilities constructed under the public private partnership scheme; and if she will make a statement on the matter. [8765/08]

The placement of vending machines in hospitals and other health facilities is a matter for the Health Service Executive and the management of the individual hospital or facility concerned. I am aware that the installation of vending machines gives rise to a debate in the context of the supply of foodstuffs and beverages on healthy food choices. In this context, I should add that the National Taskforce on Obesity, which reported in 2005, recommended that the health sector in their strategic planning and delivery should advocate and lead a change in emphasis from the primacy of individual responsibility to environments that support healthy food choices and regular physical activity. The provision of healthy choices must therefore be a key consideration where food is provided in hospitals or in other health facilities.

My Department has asked the Health Service Executive to examine the issues raised by the Deputy and to reply directly to him.

Infectious Diseases.

Enda Kenny

Question:

229 Deputy Enda Kenny asked the Minister for Health and Children her policy on MRSA; the progress made in meeting her targets for the reduction of MRSA; and if she will make a statement on the matter. [8766/08]

I would like to assure the Deputy that tackling all Health Care Associated Infections (HCAIs), including MRSA continues to be a priority for the government and for the Health Service Executive (HSE).

The HSE launched a National Infection Control Action Plan in March 2007. An Infection Control Steering Group, chaired by Dr. Pat Doorley, National Director (Population Health) is responsible for overseeing the implementation of the plan. Over the next three to five years, the HSE aims to reduce HCAIs by 20%, MRSA infections by 30% and antibiotic consumption by 20%. Achievement of these targets will benefit all patients who are at risk. These targets will be achieved through the development of national and local level action plans to reduce the potential for spread of infections between persons in healthcare settings, and, in addition, will focus on reducing antibiotic use in Ireland. The Steering Group is supported by eight Local Implementation Teams which will ensure that all local facilities are focused on achieving the national targets.

A National Surveillance System has recently been established by the HSE to collect data and provide information on a quarterly basis on four key areas, to monitor HCAIs in our health system: Staphylococcus bacteraemia; Antibiotic consumption; Alcohol gel use; MRSA surveillance in Intensive Care Units.

The HSE intend to publish available data on the above for 2006 and 2007 in April this year and then quarterly thereafter. The data will be listed by individual hospital and in due course also by each Local Health Office. This will greatly assist in the monitoring of improvements in infection control. It will in particular highlight recent trends in the key areas identified and represent a benchmark against which we can assess progress in the future and particularly when and where that progress is being achieved.

Improvements on hygiene are critical to effective infection control. The Health Information and Quality Authority (HIQA) undertook a comprehensive review of hygiene in our hospitals in 2007 against hygiene standards developed by the Irish Health Services Accreditation Board. HIQA published its report, the National Hygiene Services Quality Review, on 13th November 2007. The report represents a thorough assessment of how hygiene services are provided and managed in 51 HSE-funded acute care hospitals. Hospitals generally performed well on hygiene in the service delivery area. Most hospitals achieved either extensive or exceptional compliance with the standard in the service delivery section of the report. However, the results were poor on governance. While the good hygiene practice of front line staff highlighted in the report is vital, real improvement in this whole are also depends heavily on good leadership and a system of governance. HIQA is currently working with managers and clinicians to develop national standards for Infection Prevention and Control. When completed these, along with the national hygiene standards, will provide a comprehensive framework to help reduce the spread of infection and improve the quality of our health care.

The availability of isolation facilities is an important factor in the overall solution to the issue of reducing incidence of infection. I have instructed the HSE that designated private beds should be used where isolation facilities are required for patients who contract MRSA and this policy has been adopted by the HSE. New environmental building guidelines have been prepared by the HSE to inform infection control policy in all new builds and refurbishments. A process of consultation on the draft guidelines is currently on-going. The HSE is committed to ensuring that such facilities are in line with best international practice including the provision of adequate numbers of single units.

While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken to reduce the rates of infections and to treat them promptly when they occur.

Departmental Advertising.

Enda Kenny

Question:

230 Deputy Enda Kenny asked the Minister for Health and Children the costs of a public advertisement campaign (details supplied); and if she will make a statement on the matter. [8767/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the HSE under the Health Act 2007 and funding for all health services, including infection control, has been provided as part of its overall Vote. The public advertisement campaign referred to by the Deputy was undertaken by the HSE. 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 have the matter investigated and to have a reply issued directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Question:

231 Deputy Pat Breen asked the Minister for Health and Children when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [8802/08]

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.

Nursing Homes Repayment Scheme.

Pat Breen

Question:

232 Deputy Pat Breen asked the Minister for Health and Children the reason a person (details supplied) in County Clare did not qualify for the health repayment scheme; and if she will make a statement on the matter. [8805/08]

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.

Medicinal Products.

Olwyn Enright

Question:

233 Deputy Olwyn Enright asked the Minister for Health and Children the progress since the Adjournment debate of 18 December 2007 on thalidomide; and if she will make a statement on the matter. [8810/08]

The Minister met with the Irish Thalidomide Association on 17th January 2008 and she decided to refer the five individuals claiming exposure to thalidomide in Ireland for clinical assessment using the services of an independent international medical examiner. Officials of the Department have been in touch with Dr Peter Kohler, Stockholm, Sweden and I understand that he is willing to undertake the clinical assessment at the Red Cross Hospital, Stockholm and provide his expert opinion on each individual case. The Department is in contact with Dr Kohler with regard to his requirements prior to assessment and arrangements for carrying out the assessment. The Department has been in contact with the five individuals and will contact them further when the arrangements are in place.

Services for People with Disabilities.

Dan Neville

Question:

234 Deputy Dan Neville asked the Minister for Health and Children the number of people with learning disabilities sent abroad for rehabilitation; the reason individuals are sent abroad for treatment; the cost of same; and if she will make a statement on the matter. [8817/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise 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.

Question No. 235 answered with Question No. 220.

Hospital Services.

Finian McGrath

Question:

236 Deputy Finian McGrath asked the Minister for Health and Children if she will investigate the case of a person (details supplied) in Dublin 3. [8826/08]

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 case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff.

Pat Breen

Question:

237 Deputy Pat Breen asked the Minister for Health and Children if an advert has been placed by the recruitment department (details supplied); and if she will make a statement on the matter. [8836/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise 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.

Hospital Services.

Bernard Allen

Question:

238 Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork has been told that they have to wait over two years for an out-patient appointment to see a consultant in relation to a knee problem. [8840/08]

The management of out-patient waiting lists is a matter for the Health Service Executive (HSE) and the individual hospitals concerned. However, in 2005, at my request, the National Treatment Purchase Fund (NTPF) set up a number of out-patient pilot projects. These have been operating successfully in a number of hospitals around the country for various specialties.

Public hospitals are invited by the NTPF to participate in the out-patient pilot scheme to treat public patients who are waiting longest for first time appointments with a consultant. The NTPF is currently accepting and agreeing proposals from public hospitals for 2008. It is planned that up to 13,500 out-patient appointments will be offered this year under this scheme. My Department has requested the Parliamentary Affairs Division of the HSE to arrange to have this case investigated and to have a reply issued directly to the Deputy

Health Service Allowances.

Bernard Allen

Question:

239 Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork was refused financial assistance towards their taxi expenses in view of the fact that they broke their arm and needed to attend the orthopaedic hospital regularly. [8841/08]

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 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.

Ned O'Keeffe

Question:

240 Deputy Edward O’Keeffe asked the Minister for Health and Children when a person (details supplied) in County Cork will be called for surgery. [8843/08]

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 case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

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

Question No. 241 answered with Question No. 220.

Medical Cards.

Denis Naughten

Question:

242 Deputy Denis Naughten asked the Minister for Health and Children the provisions available for health care for nationals of Romania and Bulgaria who are legally working here; if such people can apply for a medical card; and if she will make a statement on the matter. [8852/08]

Entitlement to health services in Ireland is primarily based on residency and means. Any person, regardless of nationality, who is accepted by the Health Service Executive (HSE) as being ordinarily resident in Ireland is entitled to either full eligibility (Category 1, i.e. medical card holders) or limited eligibility (Category 2) for health services.

In general, a person should be regarded as being ordinarily resident in Ireland if he or she satisfies the HSE that it is his/her intention to remain in Ireland for a minimum period of one year. A national of an EU country who is employed or self-employed in Ireland, is entitled to either full or limited eligibility regardless of the duration of his/her residence in Ireland. Therefore, nationals of Romania and Bulgaria who are legally working in Ireland are entitled to either full or limited eligibility and may apply for a medical card in the normal way.

Fergus O'Dowd

Question:

243 Deputy Fergus O’Dowd asked the Minister for Health and Children if a medical card will be granted to a person (details supplied) in County Meath on humanitarian grounds; and if she will make a statement on the matter. [8854/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for 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 statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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.

Jack Wall

Question:

244 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an appointment date for orthodontic treatment; and if she will make a statement on the matter. [8855/08]

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.

Services for People with Disabilities.

Finian McGrath

Question:

245 Deputy Finian McGrath asked the Minister for Health and Children if she will assist a person (details supplied). [8860/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5's and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise 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.

Health Service Staff.

Joe Carey

Question:

246 Deputy Joe Carey asked the Minister for Health and Children if her attention has been drawn to the fact that graduate physiotherapists are not being employed by the Health Service Executive yet gravely ill patients are having to wait up to two years in order to secure an appointment with a physiotherapist; and if she will make a statement on the matter. [8868/08]

Joe Carey

Question:

247 Deputy Joe Carey asked the Minister for Health and Children if she has plans to address the serious waiting list for access to physiotherapist services provided by the State; and if she will provide an undertaking that graduate level physiotherapists will be employed by the Health Service Executive to address this crisis; and if she will make a statement on the matter. [8869/08]

I propose to take Questions Nos. 246 and 247 together.

Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other health care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health care needs of the population into the future.

There has been a growing demand for, and investment in, physiotherapy services over the last number of years. A particular priority for this Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. Training places for physiotherapists have increased by 137.5% since 1997 (from 64 to 152). My Department has worked closely with the HSE in the provision of clinical placements for these students; an essential component of the therapy degree programmes.

I am aware that an issue has arisen whereby some physiotherapy graduates have had difficulty in obtaining employment. My Department has been addressing this situation in a proactive manner over the last year with a view to ensuring that the various factors which contributed to it are addressed. In this regard, the Department has chaired a working group with the HSE comprising the relevant stakeholders and has identified the contributing factors to this complex situation. An Action Plan has been developed to address these matters and the situation is being closely monitored.

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 matter in relation to waiting lists for access to physiotherapy services raised by the Deputy. My Department has requested that the Parliamentary Affairs Division of the Executive investigate the matter and issue a reply directly to the Deputy.

Hospital Services.

Joe Carey

Question:

248 Deputy Joe Carey asked the Minister for Health and Children if she will ensure that a CT scanner is provided at Ennis General Hospital, County Clare; and if she will make a statement on the matter. [8873/08]

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.

Ambulance Service.

Joe Carey

Question:

249 Deputy Joe Carey asked the Minister for Health and Children the aspects of the Strategic Review of the Ambulance Service 2001 that have been implemented in County Clare; and if she will make a statement on the matter. [8874/08]

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.

Accident and Emergency Services.

Joe Carey

Question:

250 Deputy Joe Carey asked the Minister for Health and Children the emergency care resources available at Limerick Regional Hospital in terms of staff, equipment and bed capacity; and if she will make a statement on the matter. [8875/08]

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.

Hospitals Building Programme.

Joe Carey

Question:

251 Deputy Joe Carey asked the Minister for Health and Children the development works that have taken place at Limerick Regional Hospital since 2003 to date in 2008; and if she will make a statement on the matter. [8876/08]

My Department provided funding of €0.094m to the Mid-Western Health Board for Oncology specific capital developments at Limerick Regional Hospital during 2003. In addition, funding of €12.425m in 2003 and €6.104m in 2004 was provided to the Mid-Western Health Board to support a range of minor capital initiatives, including equipment replacement across the Board's area, including any such projects at the Mid-West Regional Hospital.

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 in relation to the period from 2005 to date. My Department has requested that the Parliamentary Affairs Division of the Executive investigate the matter and issue a reply directly to the Deputy in relation to developments at Limerick Regional Hospital.

Hospital Services.

Joe Carey

Question:

252 Deputy Joe Carey asked the Minister for Health and Children the number of hospitals here equipped with CT scanners; the reason a hospital is not provided with a CT scanner; and if she will make a statement on the matter. [8877/08]

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.

Joe Carey

Question:

253 Deputy Joe Carey asked the Minister for Health and Children the number of journeys made by ambulance from Ennis General Hospital to Limerick Regional Hospital for CT scans in the years 2004, 2005, 2006 and 2007; the average cost of such a trip; and if she will make a statement on the matter. [8878/08]

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.

Child Care Services.

Finian McGrath

Question:

254 Deputy Finian McGrath asked the Minister for Health and Children her views on a case (details supplied). [8882/08]

As the Deputy will be aware, I have responsibility for the National Child Care Investment Programme 2006-2010 (NCIP) which, together with the earlier Equal Opportunities Child care Programme 2000-2006 (EOCP), are implemented by the Office of the Minister for Children.

The main supports the Government makes available to parents to assist them with their child care costs are Child Benefit and the Early Child care Supplement. The latter payment is the responsibility of my Office, and it alone is expected to amount to expenditure of over €500m in 2008. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of child care they choose. In addition to these universal supports, Government child care policy has also recognised the need to target additional supports towards disadvantaged families including supports under the Community Child care Subvention Scheme 2008-2010 which has been introduced under the NCIP. As far as I am aware, the Department of Education and Science does not at present have any proposal to administer pre-school services or fund pre-school teachers as part of the general education system.

The Community Child Care Subvention Scheme (CCSS) was introduced in January 2008 and has an allocation of €154.2 million over the next 3 years. The Scheme provides an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community child care services generally and complementing the universal supports in place for all parents. Under the scheme, the level of grant aid which individual services qualify for will reflect the level of service they provide and the profile of the parents benefiting from their service. Services are required to ask parents using their services to complete a simple declaration form which is to be included in a return to my Office and on which basis the level of subvention for each service will be determined. The subvention received by services is, in turn, reflected in the reduced fees for parents who qualify as disadvantaged under the scheme.

When I announced the framework for the Community Child Care Subvention Scheme in July of last year, I signalled my intention to undertake a review of the Scheme on the basis of the more detailed and comprehensive data which was to be forwarded to my Office in October 2007 as part of the application process. I am pleased to advise the Deputy that the review was completed last December and the following adjustments to the scheme were approved by the Government: the child care subvention rates, which form the basis for assessing the level of grant funding payable to community child care services, were increased from €80 to €100 per week in the case of Band A parents and from €30 to €70 per week in the case of Band B parents; services will also be grant aided to enable them to provide reduced child care fees for parents in Band C who are marginally above the Family Income Supplement (FIS) threshold and low income parents who qualify under this measure will benefit by €45 per week per full-time place; where a parent moves to a lower Band (e.g. from social welfare into employment), the subvention paid in respect of them will be withdrawn on a tapered basis with the effect that where a parent would no longer qualify for a Band A payment, he or she will be treated as a Band B parent in the following year; special provisions will be provided for in the case of child care services where, for valid reasons, it is not possible to assess grant funding on the basis of annual parental declarations alone (e.g. women's refuges, special services for children of drug misusers) and, in exceptional cases, where special levels of funding provision may be required; in recognition of the on-going input of the community and voluntary sector, and to provide stability for services which would otherwise receive very low levels of grant subvention (e.g. small rural services) a minimum annual grant level of €20,000 was introduced; as a transitional measure during 2008-2010, services which could otherwise face a significant decrease in their existing level of grant support from July 2008, will continue to receive grant aid equal to not less than 90% of their previous grant level during July-December 2008, equal to not less than 85% of that amount in 2009, and equal to not less than 75% of that amount in 2010. The transitional grant funding is conditional on all requirements of the Scheme being complied with, including the return of annual applications together with completed parent declaration forms and the implementation of tiered fees based on the subvention levels for Band A, B and C parents.

The changes which have been introduced will ensure that the most affordable child care is available to families according to their means. Put simply, the tiered fee structure is the most effective way of ensuring that the considerable and ongoing Government support for the community child care sector, will be targeted at those who need it most. I am sure that the Deputy will agree that, with an allocation of €154.2 million over a 3 year period for the Community Child care Subvention Scheme, the Government is continuing to offer very generous support to this important sector of Ireland's child care infrastructure.

Medical Cards.

Denis Naughten

Question:

255 Deputy Denis Naughten asked the Minister for Health and Children the full statutory entitlements of a person in receipt of a medical card; the services which are discretionary under the medical card system; her plans to review the current entitlements; and if she will make a statement on the matter. [8890/08]

Full eligibility for health services is granted to persons who, in the opinion of the Health Service Executive are unable to provide general practitioner, medical and surgical services for themselves and their dependants without undue hardship, with the exception of persons aged seventy years and over, who are statutorily entitled to a medical card. Persons with full eligibility are entitled to general practitioner services, prescribed drugs, medicines and appliances, all in-patient public hospital services in public wards including consultant services, all out-patient public hospital services including consultant services, dental, ophthalmic and aural services and appliances, child health services, home nursing and a maternity and infant care service. Determination of an individual's eligibility status is the responsibility of the Health Service Executive.

Other services such as allied health professional services may be available to medical card holders but are not based on a statutory entitlement. Medical card holders may also be entitled to free transport to school for children who live 3 miles or more from the nearest school, exemption from state examination fees in public second-level schools and financial help with buying school books. They are also exempt from paying the health levy.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework. It is expected that proposals will be submitted to Government in the first half of 2008.

Child Care Services.

Olivia Mitchell

Question:

256 Deputy Olivia Mitchell asked the Minister for Health and Children the discussions she has had or her plans with the Department of Education and Science to introduce State funded nationwide pre-schooling for all children; and if she will make a statement on the matter. [8892/08]

The introduction of a State funded, nationwide pre-school system for all children is a matter on which I have not had specific discussions with the Minister for Education and Science and, as far as I am aware, there are no proposals at present to introduce such a system.

As the Deputy will be aware, I have responsibility for the National Child Care Investment Programme 2006-2010 (NCIP), which will invest €575 million over 5 years. Capital funding under the NCIP is available to support the building and refurbishment of preschools and grant aid is also available to support the operational costs of community-based preschools with a focus on disadvantage, under the recently introduced NCIP Community Child care Subvention Scheme.

My Office was also responsible for the making of the revised Child Care (Pre-School Services) Regulations 2006 which came into effect in September 2007 with improved standards of regulation for this area. The Government also supports parents with their child care costs through Child Benefit and the Early Child care Supplement which are universal payments to all parents. The latter payment is the responsibility of my Office and it is expected to give rise to expenditure of some €500 million in 2008.

Vaccination Programme.

Fergus O'Dowd

Question:

257 Deputy Fergus O’Dowd asked the Minister for Health and Children the reason the BCG vaccine is not available for a person (details supplied) in County Louth; when the vaccine will be available; and if she will make a statement on the matter. [8914/08]

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.

Medical Cards.

Fergus O'Dowd

Question:

258 Deputy Fergus O’Dowd asked the Minister for Health and Children if she has plans to increase the income guidelines for medical cards and general practitioner visit cards; and if she will make a statement on the matter. [8918/08]

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 70 and over who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the person and his/her dependants.

Under Section 45 of the Health Act 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.

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 a person'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, child care 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 carrying out a review of the eligibility criteria for medical cards, which is expected to be completed by autumn 2008. When that review is completed, my Department will consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility. The review of the eligibility criteria for medical cards will also give effect to the Towards 2016 commitment to review the eligibility criteria for the assessment of medical cards in the context of medical, social and economic/financial need, with a view to clarifying entitlement to a medical card.

Ambulance Service.

Sean Sherlock

Question:

259 Deputy Seán Sherlock asked the Minister for Health and Children the ambulance bases in operation across the Health Service Executive south; and if she will make a statement on the matter. [8923/08]

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.

Nursing Homes Repayment Scheme.

Michael Ring

Question:

260 Deputy Michael Ring asked the Minister for Health and Children when repayment will be made under the health repayment scheme to a person (details supplied) in County Mayo. [8934/08]

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.

Eamon Scanlon

Question:

261 Deputy Eamon Scanlon asked the Minister for Health and Children if payments have been made to dentists (details supplied) for their treatment of medical card holders; and if she will make a statement on the matter. [8945/08]

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.

HSE Service Plan.

Joan Burton

Question:

262 Deputy Joan Burton asked the Minister for Health and Children when, during each year from 2005 to 2008 she has approved or will approve the annual service plan for the Health Service Executive which sets out the level of services which it is proposed to provide in any given year; the procedure for this approval; their different arrangements, which may have previously existed in some areas and for some services which have ceased to or will cease to exist as a result of her approval of the plan in each of the years 2005 to 2008; and if she will make a statement on the matter. [9006/08]

The Health Service Executive (HSE) National Service Plan (NSP) for 2005 was approved by me as Minister on 16th March 2005, the NSP for 2006 was approved on 22nd December 2005; the NSP for 2007 was approved on the 7th February 2007 and the NSP 2008 was approved on 10th December 2007. In addition, there was an addendum to the NSP in 2006 which was approved in July 2006, and an addendum to the 2008 NSP which was approved on 20th February 2008. These two addenda were requested from the HSE in relation to the provision of significant additional financial resources for the HSE as a result of the respective Budget Day announcements. Approval in all cases is conveyed by the issue of a letter of approval from the Minister to the Chairman of the Board of the HSE.

Under Section 31 of the Health Act, 2004 the Executive must prepare and submit to the Minister its Service Plan for the coming year within 21 days of the publication by the Government of the Estimates for the financial year. The Service Plan must, amongst other things, indicate the type and volume of health and personal services to be provided by the Executive for the duration of the plan and within the financial resources allocated to it. Once the Plan is submitted to the Minister, it must be approved or a direction issued to the HSE to amend the Plan, within 21 days. The Minister must also ensure that a copy of an approved National Service Plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister.

Since the Health Act 2004 was enacted, significant improvements have been made to the format and content of the NSP in order that it more fully and comprehensively satisfies the requirements of the Act. There is an absolute necessity for the HSE to operate within the limits of its Voted allocation in delivering, at minimum, the levels of service activity specified in its annual National Service Plan. Clearly, this means that the Voted allocations, approved employment levels and service activities — both within the HSE itself and in HSE funded agencies such as the major voluntary hospitals — all need to be planned and actively and prudently managed from the very start of the year.

The Department has an agreed monitoring framework with the HSE and receives detailed comprehensive monthly and quarterly reports from the HSE on all aspects of progression of the NSP. There are quarterly ‘high level' meetings between the Secretary General of my Department and the Chief Executive Officer of the HSE, and their respective management teams, in order to discuss issues arising in relation to implementation and progression of the NSP. In addition, there is ongoing liaison and dialogue between various sections within the Department and the corresponding directorates in the HSE.

All of the approved National Service Plans referred to have provided both for the maintenance of previously existing levels of health and personal social services, and for the enhancement of those existing levels of service by various new service developments.

Services for People with Disabilities.

Joan Burton

Question:

263 Deputy Joan Burton asked the Minister for Health and Children the position regarding the national review of autism services, particularly in so far as this relates to the catering for the health needs of children through a service (details supplied); if a model code of practice has been developed for the provision of autism services; if not, when this is foreseen; her views on the possible allocation of sole responsibility for the assessment of the educational needs of children with autism to the Department of Education and Science; if preparations have been made for such a transfer of responsibility; when she will bring forward legislation to establish a concrete legal framework for the provision of community care services by the Health Service Executive; and if she will make a statement on the matter. [9007/08]

Throughout the country different approaches have emerged in relation to service delivery for individuals with autism. Early Intervention Services exist in many parts of the country. Some are run by the Health Service Executive and others are run by the non-statutory agencies. At present there are inconsistencies in approach and delivery of early services. The Health Service Executive is committed to redesigning these services in line with the transformation programme and best practice.

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

It is expected that proposals will be submitted to Government in the first half of 2008.

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 recently-established Office for Disability and Mental Health will focus in particular on facilitating the delivery of integrated health and education support services for children with special needs, by further developing these existing mechanisms for co-operation and co-ordination between the health and education sectors.

The Deputy's question in relation to the national review of autism services 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.

Nursing Homes Repayment Scheme.

Róisín Shortall

Question:

264 Deputy Róisín Shortall asked the Minister for Health and Children the reason payment under the long stay repayment scheme was not issued to a person (details supplied) in Dublin 9 on behalf of their deceased mother in view of the fact that they have submitted all the necessary information to support their claim; if she will reconsider this application. [9014/08]

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.

Nursing Home Accommodation.

Michael Ring

Question:

265 Deputy Michael Ring asked the Minister for Health and Children if she will provide this Deputy with a copy of the most up to date Health Service Executive building regulations and specifications for nursing homes. [9019/08]

The Board of the Health Information and Quality Authority recently submitted draft National Quality Standards for Residential Care Settings for Older People in Ireland for the approval of the Minister for Health and Children, as required under section 10(2) of the Health Act, 2007. These draft standards contain specifications in relation to amongst other things, environmental aspects of nursing homes, including room sizes, number of bathrooms etc. The initial draft, published by HIQA on 8 August, 2007 for public consultation is available at www.hiqa.ie.

The Standards and the Regulations required to underpin them will be subject to a Regulatory Impact Assessment (RIA) before finalisation. The RIA process is expected to commence shortly and both the Standards and Regulations can be expected to be in place later this year.

In the meantime the nursing home sector is governed by the Health (Nursing Homes) Act 1990 and subsequent regulations. The Nursing Home (Care and Welfare) Regulations, 1993 set out the standards which the private nursing home sector must adhere to for the purpose of registration under the Health (Nursing Homes) Act, 1990. Copies of this legislation are available from Government Publications. They are also available at www.irishstatutebook.ie. The Health Service Executive inspects private nursing homes on the basis of these standards. All inspections are unannounced and nursing homes are now inspected at least twice a year. Reports of inspections are published on HSE website.

The Deputy will be aware that there is an obligation on the person -in-charge of the nursing home to meet and comply fully with all relevant statutory provisions (e.g. Planning Acts and Regulations, Building Regulations and HACCP Regulations etc).

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 Services.

David Stanton

Question:

266 Deputy David Stanton asked the Minister for Health and Children the number and location with regard to stroke in-patient services, of dedicated stroke units here; the number of beds available for stroke victims; the location of same; and if she will make a statement on the matter. [9020/08]

David Stanton

Question:

267 Deputy David Stanton asked the Minister for Health and Children the number of beds for stroke victims in hospitals here each year for the past five years respectively; if any of these beds are for use by stroke sufferers only; and if she will make a statement on the matter. [9021/08]

I propose to take Questions Nos. 266 and 267 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.

Health Services.

Pat Breen

Question:

268 Deputy Pat Breen asked the Minister for Health and Children when persons (details supplied) will be facilitated with orthodontic treatment; and if she will make a statement on the matter. [9025/08]

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.

Mental Health Services.

Caoimhghín Ó Caoláin

Question:

269 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 477 of 30 January 2008. [9026/08]

I am informed by the Health Service Executive that a reply will issue to the Deputy this week.

Health Services.

Caoimhghín Ó Caoláin

Question:

270 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 473 of 30 January 2008. [9027/08]

My Department has been informed by the Parliamentary Affairs Division of the Health Service Executive that a reply has issued to the Deputy.

Mental Health Services.

Caoimhghín Ó Caoláin

Question:

271 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 434 of 30 January 2008. [9028/08]

I understand from the Health Service Executive that a reply on this matter issued to the Deputy last Friday 29th February 2008.

Medical Cards.

Caoimhghín Ó Caoláin

Question:

272 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when replies will issue from the Health Service Executive to Parliamentary Question Nos. 106 to 109 of 13 December 2007. [9029/08]

As outlined in my earlier responses to the Deputy in relation to Parliamentary Question Nos. 106 to 109 of 13 December 2007 and No. 506 of 30 January 2008, in order to provide the Deputy with the estimates of cost requested it was necessary for my Department to obtain certain information from the Health Service Executive (HSE). My Department received further information from the Executive yesterday in this regard and will provide the Deputy with the estimates of cost requested as soon as possible.

Mental Health Services.

Tom Sheahan

Question:

273 Deputy Tom Sheahan asked the Minister for Health and Children her views on incorporating a lodge (details supplied) in County Kerry as a mental health day care centre for persons affected in the Kenmare and surrounding areas; and if she will make a statement on the matter. [9086/08]

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.

Tom Sheahan

Question:

274 Deputy Tom Sheahan asked the Minister for Health and Children her views on the provision of a 40 bed residential unit for the older mental health patients in County Kerry; and if she will make a statement on the matter. [9087/08]

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.

Hospitals Building Programme.

Tom Sheahan

Question:

275 Deputy Tom Sheahan asked the Minister for Health and Children when the long awaited high dependancy unit will be built on the grounds of St. Finians Hospital, Killarney, County Kerry; and if she will make a statement on the matter. [9088/08]

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.

Mental Health Services.

Tom Sheahan

Question:

276 Deputy Tom Sheahan asked the Minister for Health and Children the stage of advancement of the community mental health teams; and if she will make a statement on the matter. [9089/08]

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.

Health Services.

Bobby Aylward

Question:

277 Deputy Bobby Aylward asked the Minister for Health and Children if she will sanction the sum of €300,000 applied for to her Department by the Health Service Executive south for a project (details supplied) in County Waterford; and if she will make a statement on the matter. [9094/08]

As the Health Service Executive has operational and funding responsibility for the provision of health and personal social services, it is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Aids and Appliances.

Finian McGrath

Question:

278 Deputy Finian McGrath asked the Minister for Health and Children if she will assist persons (details supplied) in Dublin 5. [9096/08]

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.

Nursing Homes Repayment Scheme.

Niall Collins

Question:

279 Deputy Niall Collins asked the Minister for Health and Children if she will confirm that the Health Service Executive have received a completed application for nursing home charges refund for a person (details supplied) in County Limerick; and when payment will be made for the said refund. [9128/08]

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.

Hospital Services.

Michael Ring

Question:

280 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for keyhole surgery. [9137/08]

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 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.

Denis Naughten

Question:

281 Deputy Denis Naughten asked the Minister for Health and Children the plans for the development of services at Roscommon County Hospital; and if she will make a statement on the matter. [5709/08]

Denis Naughten

Question:

282 Deputy Denis Naughten asked the Minister for Health and Children the plans for the reconfiguration of services at Roscommon County Hospital; and if she will make a statement on the matter. [5710/08]

I propose to take Questions Nos. 281 and 282 together.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular 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.

Nursing Homes Repayment Scheme.

Niall Collins

Question:

283 Deputy Niall Collins asked the Minister for Health and Children the position regarding an application by a person (details supplied) for a nursing home charges refund. [9138/08]

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 Aids and Appliances.

Brendan Howlin

Question:

284 Deputy Brendan Howlin asked the Minister for Health and Children if she is considering the introduction of a funding scheme to assist voluntary groups providing defibrillator services; when the details of this scheme will be published; and if she will make a statement on the matter. [9147/08]

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.

Question No. 285 answered with Question No. 219.

Hospitals Building Programme.

Joe McHugh

Question:

286 Deputy Joe McHugh asked the Minister for Health and Children the timeframe for the building of a new accident and emergency department in Letterkenny General Hospital; the funding committed by the Government; and if she will make a statement on the matter. [9169/08]

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.

Tax Code.

Paul Kehoe

Question:

287 Deputy Paul Kehoe asked the Minister for Health and Children if she will request the Department of Finance to reduce the VAT from 21% to 13% on the rate of defibrillators as it would greatly reduce the cost for voluntary organisations; and if she will make a statement on the matter. [9175/08]

My Department has sought the advice of the Department of Finance on the issue of reducing or removing VAT on Automatic External Defibrillators (AEDs). The Department of Finance has advised that VAT on AEDs cannot be removed or reduced as Irish VAT laws must comply with the requirements of EU VAT law. Under the VAT Directive, member states may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. Annex III does not include general medical equipment such as AEDs for general use.

Eating Disorders.

Catherine Byrne

Question:

288 Deputy Catherine Byrne asked the Minister for Health and Children the services available to people suffering from eating disorders; the number of public beds available forpeople suffering from eating disorders; and if she will make a statement on the matter. [9180/08]

St Vincent's Hospital, Elm Park, Dublin provides a referral service for public patients with eating disorders and has three dedicated national public beds for the assessment of such patients. Patients with eating disorders are also placed in St Patrick's Hospital and St John of God's when required. In a limited number of cases, consultants make referrals to other specialised eating disorder private services in Dublin or the UK.

The Report of the Expert Group on Mental Health Policy, entitled "A Vision for Change", which was launched in January 2006, provides a framework for action to develop a modern, high quality mental health service over a 7 to 10 year period. "A Vision for Change" acknowledges gaps in the current provision of services for people with eating disorders and makes several recommendations for the further improvement of these services.

The report has been accepted by Government as the basis for the future development of the mental health services.

Health Services.

Paul Connaughton

Question:

289 Deputy Paul Connaughton asked the Minister for Health and Children when the proposed mediator or arbitrator will be appointed to resolve the difficulties regarding the orthodontic problems which constitute huge waiting lists all over the country; and if she will make a statement on the matter. [9182/08]

I have not appointed a mediator or arbitrator to explore any aspect of the public orthodontic services waiting list. However, I have appointed a mediator to resolve an issue between a small number of consultant orthodontists and the HSE.

Irish Blood Transfusion Service.

Joe Costello

Question:

290 Deputy Joe Costello asked the Minister for Health and Children the reason blood donors records were being transported in the public arena by a staff member of the New York blood centre without security on a New York street; the steps being taken to prevent such records being stolen in future; the steps being taken to allay donors’ fears; and if she will make a statement on the matter. [9184/08]

The Irish Blood Transfusion Service (IBTS) entered into an Agreement with the New York Blood Centre Inc (NYBC) for the provision of a data query tool on 23 October 2007. The purpose of the data warehousing and reporting tool is to improve the existing IBTS blood banking system computer system, Progesa in order to provide a better service to its donors and clients. Under the terms of that agreement, the IBTS exported data on CD from its Progesa system. The data was encrypted using a 256 bit key encryption, prior to export on a CD.

The IBTS is very conscious of its obligations under the Data Protection Acts to take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of data. In this instance, the IBTS is confident that it has complied with these obligations by virtue of the robust security measures which have been taken by the Service and NYBC and considers that the risk of any person being in a position to bypass password controls and decrypt the data is extremely remote. The IBTS informed the Data Protection Commissioner as quickly as possible of the details of the case and the Commissioner has been in regular contact with the IBTS on the matter. The Commissioner has noted publicly that the IBTS had a legitimate reason to send the data out of the country, that it had taken its responsibilities to donors and clients seriously and that the information had been securely encrypted.

The IBTS has written to each donor affected to reassure them and to advise them of the possibility, however remote, that their personal data might be accessed. An information line has been set up for anyone with concerns.

Hospital Services.

Seymour Crawford

Question:

291 Deputy Seymour Crawford asked the Minister for Health and Children her views on the north east transformation programme (details supplied); and if she will make a statement on the matter. [9186/08]

The Health Service Executive (HSE) has advised my Department that the North East Transformation Programme is approaching the end of its initial phase of detailed planning and is moving towards detailed design and implementation. Operational management and transformation management arrangements in the North East have now been linked in order to achieve full integration of the transformation programme with the management of operations.

My Department understands that the HSE North East made a presentation recently on the North East Transformation Programme to meetings of two Committees of the Regional Health Forum — Dublin and North East. The HSE advises that it emphasised a clear commitment that existing services in the region will remain in place until they are replaced with higher quality, safer or more appropriate services. It also emphasised that an indicative list of measures outlined in the presentation is a draft work in progress.

The HSE has advised that it is not possible until the detailed planning phase is complete to be definitive as to what aspects of North East Transformation can be implemented during 2008/2009. The indicative list which was included in the presentation is dependent on a range of factors including significant change management and changes to work practices. The degree and pace of change will also be influenced by the extent to which resources can be freed up by the HSE for re-investment in transformation initiatives.

Finally, the HSE has advised that no decisions have been taken on reducing services in the North East. The HSE is facing a challenging year and is exploring, in the case of the North East, how best to deliver on service plan targets within the level of resources available.

Seymour Crawford

Question:

292 Deputy Seymour Crawford asked the Minister for Health and Children when the CT scanner, which was promised for Monaghan General Hospital will be put in place: if it is in private storage at the present time; the location of same; if this can be justified as expenditure at a time when there is so much vacant space in Monaghan General Hospital; and if she will make a statement on the matter. [9187/08]

Operational responsibility for the management and delivery of health and personal social services, including the provision of a CT scanner at Monaghan General Hospital, 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.

Long-Term Illness Scheme.

Jimmy Deenihan

Question:

293 Deputy Jimmy Deenihan asked the Minister for Health and Children if Crohn’s disease could be added to the approved list in order to qualify for a long-term illness book; and if she will make a statement on the matter. [9189/08]

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. 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.

Medical Cards.

James Bannon

Question:

294 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Westmeath on long-term disability allowance, with a disabled child, has lost their medical card despite no change in financial circumstances, resulting in an inability to purchase essential medication; and if she will make a statement on the matter. [9198/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for 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 statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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

Hospital Staff.

James Bannon

Question:

295 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford has been refused a transfer from Sligo General Hospital to a hospital in the midlands region on the grounds that the national transfer policy relates only to the transfer of employees in the management/administrative job category; the reason this should not extend to other staff grades; and if she will make a statement on the matter. [9201/08]

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.

Services for People with Disabilities.

Aengus Ó Snodaigh

Question:

296 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the waiting list for speech and language therapy in the Ballyfermot area; and the steps being taken to address this issue. [9206/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5's and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise 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.

Youth Services.

Aengus Ó Snodaigh

Question:

297 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the funding a service (details supplied) in Dublin 10 will be entitled to for 2009. [9207/08]

Aengus Ó Snodaigh

Question:

298 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the funding a service (details supplied) in Dublin 10 will be entitled to for 2009. [9208/08]

Aengus Ó Snodaigh

Question:

299 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reasons for the cuts in the funding for a service (details supplied) in Dublin 10; if her attention has been drawn to the implications of such cuts; and if she will make a statement on the matter. [9209/08]

Aengus Ó Snodaigh

Question:

300 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason for the cuts in the funding for a centre (details supplied) in Dublin 10; if her attention has been drawn to the implications of such cuts; and if she will make a statement on the matter. [9210/08]

Aengus Ó Snodaigh

Question:

301 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to a project (details supplied) in Dublin 10. [9211/08]

I propose to take Questions Nos. 297 to 301, inclusive, together.

The launch of the National Recreation Policy last September highlighted Government's commitment to the development of youth cafés.

As the Deputy will be aware there are already a number of youth cafés in operation around the country. Funding for these existing initiatives such as the Base is provided through a number of bodies including local City/County Council and Health Service Executive. The Department of Community, Rural and Gaeltacht Affairs also operate a number of relevant funding programmes aimed at supporting community development, locally based community and voluntary groups as well as programmes aimed specifically at supporting projects for disadvantaged youth.

At this stage, my focus is to bring better coherence to the approach taken to date, retaining the strong inter-agency element and identifying an appropriate model(s) for youth cafés for future developments. Since September my office has undertaken a small survey of some of the existing cafés looking at mission/objectives, management and organisation, service levels and the role of young people. I requested the National Children's Advisory Council's advice on the development of a youth café model and research work has been commissioned by the Council in this regard. I am anticipating the Council will be in a position to report to me by the end of May. This work will guide government in ensuring that funding is targeted and co-ordinated most effectively on a model or models of youth cafés which meet the needs identified by young people themselves. Discussions are underway with my Cabinet colleagues regarding a youth café programme and appropriate funding mechanisms. I am considering which agency could best lead on the programme and how to ensure any funding which might be made available augments, without displacing, the existing inter-agency resources.

The Base in Ballyfermot is receiving sponsorship from six bodies including Dublin City Council, the National Development Plan and the HSE. Of those agencies, HSE is the only current funder under the remit of the Minister for Health and Children. I have referred the specific question regarding funding of the Base to the HSE for direct reply.

Health Services.

Aengus Ó Snodaigh

Question:

302 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason addiction services in the Aisling Clinic, Ballyfermot, Dublin 10, have reduced medical staff, despite a six month waiting list for heroin addicts trying to access the services. [9212/08]

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

Aengus Ó Snodaigh

Question:

303 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason there is a waiting list of over six months in the Ballyfermot for addicts seeking to go on a stabilisation methadone programme to help address their addiction; and the way this list compares with waiting lists for methadone in other areas of Dublin. [9213/08]

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

Health Service Staff.

Aengus Ó Snodaigh

Question:

304 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason the number of the community drugs outreach teams covering Dublin and mid-Leinster has been reduced from 14 to eight with no cover available for anyone going on maternity or sick leave; and if she will make a statement on the matter. [9214/08]

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

Aengus Ó Snodaigh

Question:

305 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the cutbacks in funding to drug addiction services and in Health Service Executive staff working with addicts is contrary to the National Drugs Strategy; the steps she will take to reverse all such cutbacks or end the staff recruitment embargo. [9215/08]

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

Child Care Services.

Aengus Ó Snodaigh

Question:

306 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children when a decision will be made to fund on a proper basis a facility (details supplied) in Dublin 10 in order that it can employ staff to fully utilise the brand new building and run the innovative programmes aimed at addressing in a holistic way the child-care needs and other needs of chaotic users and others; and if she will make a statement on the matter. [9216/08]

Aengus Ó Snodaigh

Question:

307 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to a project (details supplied) in Dublin 10; and if any Department official or any member of the local Health Service Executive has taken up the invitation of the child-care centre’s management committee to visit and see for themselves the innovative building and the programmes they run for children and addicts. [9217/08]

I propose to take Questions Nos. 306 and 307 together.

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) which replaced the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which was also administered by my Office. I understand that the Group in question received capital funding totalling €1.16 million under the EOCP and, as a result, has recently entered their new building.

The Community Childcare Subvention Scheme (CCSS) under the NCIP, was introduced by my Office in January of this year and has an allocation of €154.2 million over three years. This Scheme will continue to support community-based childcare services to provide reduced childcare fees for disadvantaged parents, complementing the universal supports in place for all parents. The Group in question has been approved under the CCSS for transitional funding for the period January-June 2008 of €37,375. I understand that they received their first instalment of this grant on 22 February.

Community childcare services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. In general, the parent profile of services, and the amount of subvention they will receive, are determined on the basis of completed parent declaration forms which are returned as part of the application process. However, in the case of some specialist services, such as that operated by the Group in question, it is recognised that some additional arrangements may be necessary. Officials from my Office have been in correspondence and discussions with the manager of the service in this regard and will continue to assist the Group in completing their assessment for funding for the period July-December 2008. The Group will be informed of their grant aid as soon as it has been determined.

Given the roles played by Pobal, the City and County Childcare Committees and the Health Service Executive in the assessment process for grant applicants under the EOCP and NCIP, it is not considered necessary at this point for officials from my office to visit the service to assess the appropriate level of grant aid under the CCSS.

Medicinal Products.

Aengus Ó Snodaigh

Question:

308 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that Ballyfermot, Dublin 10 has one of the highest, if not the highest number of people in receipt of prescribed benzodiasophenes; and the steps she is taking to address the health issues which lead to so many people becoming reliant on such drugs on a continuous basis and to see if there is over prescription of the drugs. [9219/08]

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

Hospital Services.

Christy O'Sullivan

Question:

309 Deputy Christy O’Sullivan asked the Minister for Health and Children when waiting lists for orthopaedic surgery in Cork, where there is currently a three year waiting list, will be reduced; and if there are plans to appoint extra orthopaedic surgeons to tackle this serious problem. [9223/08]

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.

Parliamentary Questions.

Christy O'Sullivan

Question:

310 Deputy Christy O’Sullivan asked the Minister for Health and Children the length of time it is acceptable to wait for an answer to a query directed to the Health Service Executive from her Department following a parliamentary question. [9224/08]

The operation of the Parliamentary Affairs Division of the HSE (PAD) allows for the centralised receipt, assignment and tracking of Parliamentary Questions within the HSE's extensive network of operations. More generally, the PAD monitors overall performance in relation to the timely issue of replies and provides a central contact for all requests from Oireachtas members for information relating to matters within the statutory remit of the Executive.

The Chief Executive Officer of the HSE, Professor Drumm, recently reiterated to Oireachtas members the importance he attaches to providing replies to Parliamentary Questions and affirmed his focus on improving the turnaround time for replies to the greatest possible extent. In this context, on 8th November 2007 the Chief Executive Officer circulated a briefing document to Oireachtas members which informed them of his decision to introduce a time frame of 15 working days for replies from January 2008 and also outlined new accountability structures in that regard.

National Lottery Funding.

Jan O'Sullivan

Question:

311 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will ask the Health Service Executive to provide a sum of €5000 per year to fund a help line for an association (details supplied). [9225/08]

I understand that the Myasthenia Gravis Association received National Lottery Funding of €18,000 in 2006 from my Department towards the development and distribution of information on CD-ROM. My Department did not receive an application from this organisation for National Lottery Funding in 2007 or 2008. 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, I have 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.

Long-Term Illness Scheme.

Jan O'Sullivan

Question:

312 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will include myasthenia gravis on the long term illness scheme list in view of the fact that it is so closely related to muscular dystrophy, which is on the list; and if she will make a statement on the matter. [9226/08]

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. 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.

Medicinal Products.

Michael McGrath

Question:

313 Deputy Michael McGrath asked the Minister for Health and Children the policy of the Health Service Executive with regard to the use of generic medicines as opposed to branded medicines; if she is satisfied that the choice between generic and branded medicines is dealt with consistently throughout the health service; the HSE’s research on the cost implications of using generic versus branded medicines; and if she will make a statement on the matter. [9227/08]

Generic drugs are widely available in the Irish market, particularly in the hospital sector. Use of a proprietary drug or a generic equivalent is a matter for the prescriber, in consultation with the patient. My Department supports the increased use of generics where this is appropriate and achievable in the Irish drugs market.

A new agreement with the Irish Pharmaceutical Healthcare Association (IPHA) was negotiated by a HSE-led team, including representatives from my Department, in 2006. One of the objectives of the IPHA agreement is to enhance the ability of patients to have a greater say in the prescribing process with a view to choosing, in consultation with the prescriber, the medicine that best meets their needs and delivers best value for money. The agreement also provides for significant reductions in the price of patent-expired proprietary medicines. These reductions (20% in March 2007 and a further 15% in January 2009) will, on full implementation, largely remove the current premium paid for these products over many branded and non-branded generic equivalents. Based on expert advice from the National Centre for Pharmacoeconomics, received prior to the negotiation of the IPHA agreement, it was concluded that a system of compulsory generic substitution in the pharmacy, as used in some other jurisdictions, would have significantly less benefit in the Irish community schemes than in other countries but could, given the relative size of the Irish market, have an adverse effect on continuity and security of supply for Irish patients.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive under the 2004 Health Act. Therefore, the Executive is the appropriate body to consider this specific issue of consistency of use of generic as opposed to branded medicines throughout the health service, including the cost implications. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these aspects investigated and to have a reply issued directly to the Deputy.

Hospital Staff.

Denis Naughten

Question:

314 Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to address the staff shortages in the laboratories at University College Hospital, Galway, which is forcing patients to occupy beds in order to have routine tests performed, a service which is being denied to general practitioners; if this type of action conforms with her policy of supporting primary care; and if she will make a statement on the matter. [9231/08]

Over 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the 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 to the Deputy.

Cancer Screening Programme.

Fergus O'Dowd

Question:

315 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the Dóchas Centre at Our Lady of Lourdes Hospital, Drogheda County Louth. [9232/08]

Based on the National Quality Assurance Standards for Symptomatic Breast Disease Services, and the fact that the BreastCheck screening programme will significantly reduce the number of symptomatic breast cancer presentations, the Health Service Executive (HSE) determined that we require a total of eight specialist breast cancer centres nationally. In order to comply with the Standards, the HSE has directed fifteen hospitals with low case volumes to cease breast cancer services. Further staged reductions in the number of hospitals providing breast cancer services will occur over the next two years in line with the development of quality assured capacity in the eight designated centres. The HSE has designated Beaumont Hospital and the Mater Misericordiae Hospital as the two cancer centres in the Managed Cancer Control Network for the HSE Dublin North East, which includes County Louth. The designation of cancer centres aims to ensure that patients receive the highest quality care while at the same time allowing local access to services, where appropriate. Where diagnosis and treatment planning is directed and managed by multi-disciplinary teams based at the cancer centres, then much of the treatment (other than surgery) can be delivered in local hospitals, such as Our Lady of Lourdes Hospital, Drogheda.

Medical Cards.

Bernard J. Durkan

Question:

316 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare who has applied for same twice and was informed by a health centre that their applications were mislaid and who is in urgent need of a medical card; and if she will make a statement on the matter. [9254/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for 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 statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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

Hospital Services.

Willie Penrose

Question:

317 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to have a person (details supplied) in County Westmeath immediately admitted to Tullamore General Hospital for an operation on their right foot as they have been called for same on at least two occasions recently and has been disappointed on each occasion because of the non-availability of a bed; and if she will make a statement on the matter. [9263/08]

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 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.

Medical Education.

Caoimhghín Ó Caoláin

Question:

318 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 32 of 31 January 2008. [9265/08]

My Department has made inquiries with the Health Service Executive (HSE) in this regard and the Executive has indicated that the matter is receiving attention and that a reply will issue shortly to the Deputy.

Hospital Services.

Sean Fleming

Question:

319 Deputy Seán Fleming asked the Minister for Health and Children when a radium treatment will commence for a person (details supplied). [9266/08]

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 question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in relation to the matter raised.

Medical Cards.

Jack Wall

Question:

320 Deputy Jack Wall asked the Minister for Health and Children the position regarding a renewal of medical card for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9338/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for 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 statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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.

Energy Conservation.

Andrew Doyle

Question:

321 Deputy Andrew Doyle asked the Minister for Health and Children the measures being taken by her Department and its agencies to reduce their carbon footprint in 2007/2008. [9445/08]

Under the aegis of the Office of Public Works, my Department is participating in an energy audit which aims to reduce energy use and carbon emissions by 15% per annum over a two year period. In advance of this exercise, we have already installed a new, more energy efficient lighting system in our Hawkins House headquarters, including mechanisms for automatically turning off lights in kitchenettes when they are not in use.

My colleague, Mr. John Gormley T.D., Minister for the Environment, Heritage and Local Government, will shortly finalise a scheme for carbon offsetting, which will apply to all Government Departments, including the Department of Health and Children.

Information on measures being taken by agencies under the aegis of my Department is not readily available. My Department is asking the agencies concerned to reply directly to the Deputy in this regard.

General Medical Services Scheme.

John O'Mahony

Question:

322 Deputy John O’Mahony asked the Minister for Health and Children the contingency plans the Health Service Executive have to provide drugs under the GMS scheme in County Mayo if none of the pharmacists sign the new contract; and if she will make a statement on the matter. [9449/08]

The Health Service Executive has put contingency plans in place in the event of the withdrawal of service by community pharmacists, following the introduction of the revised pharmacy pricing arrangements under the GMS and community drugs schemes from 1st March 2008. The contingency plans include information notices in the newspapers and an information helpline, open from 8am to 8pm Monday to Friday. In response to a written request to all 1600 community pharmacy contractors from the HSE, to date one community pharmacy has confirmed its intention to withdraw services under the present pharmacy contract. The HSE is keeping this situation under review at local level.

The HSE has also assured me that it has plans in place to assist any patient who is unable to obtain their medication. There are no changes planned to the operation of the GMS and community drugs schemes and all patients continue to receive their entitlements in the normal way.

Cancer Screening Programme.

Olwyn Enright

Question:

323 Deputy Olwyn Enright asked the Minister for Health and Children when the O’Doherty Report will be published; the reason for the delay in the report’s publication; and if she will make a statement on the matter. [9452/08]

The Health Service Executive (HSE) has advised that the review of the mammography services in Portlaoise is complete. Nine women were identified as having a diagnosis of cancer. All nine women have been offered appropriate treatment and counselling. A clinical review of ultrasounds at Portlaoise is also complete and no cancers were detected in this review. The HSE has advised my Department that a report on the reviews will be published by the HSE when the necessary legal requirements have been completed. The suspension of mammography services at the Hospital continues pending the publication of the report.

Hospital Services.

Denis Naughten

Question:

324 Deputy Denis Naughten asked the Minister for Health and Children her plans for the development of services at Portiuncula Hospital; and if she will make a statement on the matter. [35101/07]

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

Port Development.

Richard Bruton

Question:

325 Deputy Richard Bruton asked the Minister for Transport if he has reviewed the best locations for the development of additional oil handling capacity in ports here; if he will seek to influence commercial decisions in order to adhere to an optimum strategy; and his estimate of existing capacity at different ports here and the expected new capacity needed over the next decade. [8708/08]

Decisions regarding the development of port capacity for oil products are a matter for the port companies, in tandem with their customers, the oil companies. Any such developments are subject to the usual planning, environmental and health and safety regulatory procedures and, where necessary, my approval and that of the Minister for Finance from a port company corporate governance perspective. Energy policy is a matter the Minister for Communications, Energy and Natural Resources.

Road Network.

David Stanton

Question:

326 Deputy David Stanton asked the Minister for Transport further to Parliamentary Question No. 352 of 19 February 2008, the last occasion when he classified by order an existing public road as a national road; the road in question; if he is considering classifying further existing public roads as national roads within the next 12 months; if so, the details of same; and if he will make a statement on the matter. [8712/08]

The national and regional road classification system was set out in Statutory Instrument (S.I.) 209 of 1994: Roads Act, 1993 (Declaration of National Roads) Order, 1994 and S.I. 400 of 1994: Roads Act, 1993 (Declaration of Regional Roads) Order, 1994. A major review of these Statutory Instruments — designed to take account of road improvements and route changes since 1994 — was completed in 2006 as set out in Statutory Instruments S.I. 187 of 2006 and S.I. 188 of 2006.

This system was established in consultation with local authorities and took account of representations received from a wide range of local interests. The need to update the classification of roads is being kept under review.

Public Transport.

Joan Burton

Question:

327 Deputy Joan Burton asked the Minister for Transport if he will review the decision to prohibit the use of the Port Tunnel by the 41X bus service in order to better serve the people living in an estate (details supplied) and surrounding areas; and if he will make a statement on the matter. [8720/08]

I refer the Deputy to my reply dated 31st January 2008 on this matter. My Department supports the use of the Port Tunnel by any bus operator, whether it is Dublin Bus, Bus Éireann or a private operator.

My Department informed Dublin Bus on 20 February that its proposal to re-route four of its existing Route 41X services via the Port Tunnel would give rise to competition with an existing licensed service. Dublin Bus has accordingly been advised that should it wish to pursue the introduction of the proposed service changes on the 41X route so as to compete with the licensed service, the Company is required to make a request for Ministerial consent for approval of the service in accordance with section 25 of the Road Transport Act, 1958. Alternatively, the Company may review their proposal in order to avoid conflict with the commercial licensed operator.

The fact that my Department has issued a licence to a private operator in accordance with the Road Transport Act, 1932 does not automatically prevent the Department authorising Dublin Bus to operate similar type services along the route or along part of the route in question.

Rail Accidents.

Charlie O'Connor

Question:

328 Deputy Charlie O’Connor asked the Minister for Transport if he has received a report from the Railway Procurement Agency regarding the accident on the Luas line at Tallaght, Dublin 24 on 23 February 2008 in which a person lost their life; if his attention has been drawn to the local concern in the matter; and if he will make a statement on the matter. [8785/08]

My Department was informed by the Railway Procurement Agency (RPA) and the Railway Safety Commission (RSC) of the accident referred to by the Deputy. The accident is currently being investigated by Veolia (as operator of the Luas) as required by the Railway Safety Act, 2005 and by the Gardaí.

I understand that the Chief Investigator of the Railway Incident Investigation Unit is also conducting a preliminary investigation of the accident and may decide to initiate a full investigation if it is established that recommendations for the improvement of Luas safety require to be made.

Driving Tests.

John Deasy

Question:

329 Deputy John Deasy asked the Minister for Transport his views on recent reports that there are over 8,500 persons over the age of 60 years with provisional licences many of whom are concerned that they will not be able to take a driving test; if he has plans to assist people in this category bearing in mind the lack of public transport in rural areas; and if he will make a statement on the matter. [8798/08]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) responsibility for driving testing and licensing was transferred to the Road Safety Authority in September 2006. The arrangements in relation to driving tests and licensing are therefore a matter for that authority.

State Airports.

Joe Carey

Question:

330 Deputy Joe Carey asked the Minister for Transport if he will allow Aer Rianta International to remain in control of the Shannon Airport Authority if and when each airport in the State is made independent; and if he will make a statement on the matter. [8870/08]

Aer Rianta International (ARI) is a wholly owned subsidiary of the Dublin Airport Authority (DAA). It is not, and never has been, in the control of the Shannon Airport Authority.

The business plans for Dublin, Cork and Shannon airports, which I have received from the DAA, provide that ARI will remain part of the DAA on the establishment of the three airports as independent entities. This is a key assumption underpinning the overall financial viability of the DAA on separation.

Infrastructure Projects.

Dan Neville

Question:

331 Deputy Dan Neville asked the Minister for Transport if he will issue a statement outlining his policy towards the mid west region; if he will provide the extra moneys which will deliver vital infrastructural projects such as key road and rail upgrades; and when he will meet chambers of commerce (details supplied). [8899/08]

In relation to meeting the Chambers of Commerce I have written in response to their request indicating that a meeting would be arranged.

The Agreed Programme for Government foresees feasibility studies being completed within two years into Luas-style light rail systems in Cork, Galway, Limerick and Waterford.

My Department has agreed with the Limerick and Cork local authorities that the terms of reference for the proposed Mid West Area Strategic Plan and the update to the Cork Area Strategic Plan will include an examination of the feasibility of introducing light rail transit and/or bus rapid transit.

With a view to assisting Shannon Airport and the wider region to adapt to the new arrangements agreed in the context of the EU-US negotiations on Open Skies my Department undertook to prepare a Plan for the Mid West region to ensure that the region is well placed to respond to the challenges and opportunities emerging in the context of full liberalisation of the transatlantic aviation market under the Open Skies Agreement.

The Economic and Tourism Development Plan for the Shannon Catchment Area was approved by Government and published on 24 January 2008 by myself and the Minister for Arts, Sport and Tourism. The Report is available on the websites of both Departments.

In relation to roads, one of the key aims of the regional and local road investment programme is to support the implementation of the National Spatial Strategy and more balanced regional development across the entire country. In 2008, State grants totalling €58.688 million were allocated for regional and local roads to local authorities in the Mid West Region. In relation to the national roads programme the implementation of individual national road projects is a matter for the National Roads Authority (NRA) in conjunction with the local authorities concerned.

The investment in roads is being complemented by substantial investment in public transport. Work on the Ennis-Athenry section of the Western Rail Corridor is due for completion in early 2009, and will provide a much needed link between Limerick, Ennis and Galway. The deployment of new inter-city rail cars will facilitate the future introduction of hourly peak and 2 hourly off peak services on the Limerick-Dublin line. Services on the Limerick-Nenagh line are also to be improved.

Bus Éireann, helped by funding under Transport 21, is in the process of renewing its fleet through the purchase of 235 new buses for deployment throughout the country including in the Limerick/Shannon region.

Marine Search.

Jim O'Keeffe

Question:

332 Deputy Jim O’Keeffe asked the Minister for Transport if his attention has been drawn to the commitment given that boat owners who spent many weeks in the search to locate the MFV Honeydew, at huge cost and expense, would be compensated for the fuel expended during the course of the search; the reason this commitment has not been discharged to date; and when and the way this commitment will be carried out. [8936/08]

Several fishing vessels joined the search for the Fishing Vessel Honeydew 11, which got into difficulty on 11th January 2007. These vessels were not tasked by the Irish Coast Guard but joined the search voluntarily. The Department of Transport made no commitment to compensate boat owners for the fuel expended during the course of the search. As a general rule vessels at sea are under an obligation to respond to a distress call at sea. The Department of Transport does not normally compensate vessels such as lifeboats, community rescue boats or craft of opportunity for the fuel that they have used nor is it international practice to do so.

Harbours and Piers.

Tom Sheahan

Question:

333 Deputy Tom Sheahan asked the Minister for Transport if his Department will send design details to Kerry County Council who are repairing the crane at Kilmakilloge Pier, Lauragh Kenmore as KCC cannot proceed without these details. [9090/08]

I have no function in this matter.

Under the 1946 Harbours Act, I currently have responsibility for 10 regional harbours. Killmakilloge Pier is not one of them.

Tax Yield.

Michael Ring

Question:

334 Deputy Michael Ring asked the Minister for Transport the amount of money collected in motor taxation which was spent on roads in the country. [9099/08]

Policy and legislation governing the collection and use of motor tax are matters for my colleague, the Minister for the Environment, Heritage and Local Government. As regards State grants, a total of €33.5 million was paid in 2007 to road authorities in County Mayo for improvement and maintenance of regional and local roads in the county. The National Roads Authority is responsible for expenditure on national roads in County Mayo.

Regional Airports.

John O'Mahony

Question:

335 Deputy John O’Mahony asked the Minister for Transport his plans for the development of regional airports; and if he will make a statement on the matter. [9158/08]

In February 2007 the Government approved grants amounting to €86 million for the six regional airports in respect of the period up to 2010 from within the Transport 21 overall provision of €100 million for this purpose.

A total of €38.7 million was approved for investment in essential safety and security infrastructure and equipment upgrades involving Exchequer grants at a rate of 90%.

The scheme also provides funding of €47 million at a rate of 75% for developmental projects including range of runway, apron and terminal projects designed to accommodate the further growth in passenger numbers which the airports are targeting.

All of the regional airports are actively engaged in implementing their individual programmes within the Transport 21 framework.

Energy Conservation.

Andrew Doyle

Question:

336 Deputy Andrew Doyle asked the Minister for Transport the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9448/08]

I am advised that the buildings used to accommodate the offices of my Department are included in a scheme of ongoing monitoring and evaluation of their level energy useage. The objective of this exercise, operated under the aegis of the Office of Public Works (OPW), is to achieve a significant (15%) reduction in energy usage in the present year.

In addition, my Department is in discussion with the OPW regarding the procurement of environmentally friendly electricity for its offices.

UN Resolutions.

Charles Flanagan

Question:

337 Deputy Charles Flanagan asked the Minister for Foreign Affairs if he plans to mark the international day of non-violence on 2 October 2008; and if he will make a statement on the matter. [8715/08]

Ireland was a co-sponsor of an Indian resolution, adopted in June 2007, at the UN General Assembly, which declared 2 October, the birth date of Mahatma Gandhi, the International Day of Non-Violence.

The resolution invites Member States to commemorate the International Day in an appropriate manner and to disseminate the message of non-violence, including through education and public awareness.

Ireland has shown great commitment down through the years to pursuing the agenda of non-violence, at both a domestic and an international level. Ireland's strong support for the promotion and protection of human rights, our long tradition of participating in UN-mandated peace operations, our leading role internationally in disarmament and non-proliferation issues, our work in the area of conflict resolution and the work of Irish Aid on combating gender based violence reflect this commitment.

Ireland participated in an event organised by the Permanent Mission of India to the United Nations in New York, to mark the first International Day on 2 October 2007.

I have asked my officials to liaise with the Indian Government, as the main sponsor of this event, regarding plans for 2 October 2008.

Departmental Programmes.

Billy Timmins

Question:

338 Deputy Billy Timmins asked the Minister for Foreign Affairs the position in relation to a group of transition year students from a school (details supplied) who are currently participating in the Young Social Innovators Programme; if there are opportunities or events that they could participate in to develop their project; and if he will make a statement on the matter. [8759/08]

The theme of the research undertaken by transition year students from Coláiste Bhríde in Carnew is very relevant. The promotion of gender equality is one of eight Millennium Development Goals agreed by Ireland and other members of the United Nations in 2000. My Department is contributing directly to reaching this Goal through Irish Aid funding for programmes in developing countries to tackle gender-based violence, female genital mutilation and other human rights violations.

The Young Social Innovators (YSI) programme in which Coláiste Bhríde is participating is a very valuable platform for showcasing projects such as this which raise awareness and understanding of development issues. In recognition of this, Irish Aid sponsors an award at the YSI event.

A next step for the students of Coláiste Bhríde Carnew is to visit the Irish Aid Volunteering and Information Centre which has recently opened on O'Connell Street in Dublin. The Centre offers an educational programme designed for transition year students which focuses on the Millennium Development Goals and Ireland's role in tackling global poverty and exclusion.

A visit to the Centre would help set the research project in the context of the broader development effort and can provide ideas on how to carry forward their project work.

I will make arrangements for the official responsible for this area of work to make contact with the group to discuss their findings and to allow them to learn more about Ireland's efforts in this important area.

Overseas Development Aid.

Denis Naughten

Question:

339 Deputy Denis Naughten asked the Minister for Foreign Affairs the steps which the Government is taking to implement the Millennium Development Goals; and if he will make a statement on the matter. [8799/08]

The eight Millennium Development Goals (MDGs), adopted in the year 2000 as part of the commitments undertaken by Heads of Government at the Millennium Summit, represent a measurable framework for development up to the year 2015. The MDGs are at the heart of our development co-operation programme. Irish Aid's focus on reducing poverty and supporting the provision of basic services to the poorest people is wholly consistent with the attainment of the MDGs.

The latest MDG progress report, issued in July 2007, gave us a snapshot of the progress achieved at the midpoint of the 2015 MDG target date. Overall, there has been good progress on some targets, but the geographical disparities are quite striking. While there has been progress towards the Goals globally since 2000, largely due to advances in China and other Asian countries, Africa is lagging behind on most indicators. This is attributed to a combination of institutional weakness, conflict, and funding shortfalls.

In recognition of the extent of the poverty in Africa, Ireland continues to focus over 80% of its bilateral country assistance on sub-Saharan Africa. Much of this assistance is devoted to areas which are essential to achieving the MDGs. These include combating HIV/AIDS, malaria and other communicable diseases, building effective health and education systems and addressing natural and man-made emergencies. We work directly with local and national authorities, non-governmental organisations (NGOs), the UN and other international agencies and missionaries. It is working effectively through all these channels, which is most likely to make a real contribution to achieving the MDGs.

We are supportive of international initiatives which address the MDGs, such as the MDG Africa Steering Group convened by the UN Secretary General last September. This brought together high level representatives of the African Union, European Union, African Development Bank, Islamic Development Bank, IMF and World Bank, which will meet regularly to examine how to strengthen Africa's efforts to meet the Goals. The Taoiseach has indicated his support for a meeting at Heads of Government level in September 2008 with the aim of intensifying MDG efforts in the period leading up to 2015.

The MDGs have given the developed and developing world a clear set of benchmarks to enhance the wellbeing of the world's poorest, within a set timeframe. The commitment of the Government to reach the UN target of 0.7% of GNP for development funding, is a clear indication that Ireland will play its role in endeavouring to deliver on these benchmarks.

Human Rights Issues.

Leo Varadkar

Question:

340 Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has discussed the case of the wrongful conviction of the Innocents of Acteal in Chiapas with the Mexican authorities; and if he will make a statement on the matter. [8865/08]

The situation to which the Deputy refers concerns the killing of 45 people which occurred in December 1997 in Acteal, Chiapas State, Mexico, and subsequent convictions on charges of participating in the massacre. I am aware that the Mexican courts are currently considering the appeals of some of this group.

I have not raised the matter of these convictions and ongoing appeals with the Mexican authorities. However, Ireland, along with our European Union partners, monitors and regularly discusses with the Mexican authorities the human rights situation in Mexico and the fulfilment of their obligations under international law.

While Mexico has taken significant steps in promoting respect for human rights, considerable challenges remain to be addressed, in particular at state level. With our EU partners, we will continue to engage in dialogue with the Mexican authorities at both federal and state level.

Leo Varadkar

Question:

341 Deputy Leo Varadkar asked the Minister for Foreign Affairs if he will express his concerns to the Indian Government regarding the burning of churches and homes belonging to Christians in Orissa; and if he will make a statement on the matter. [8866/08]

I am deeply concerned by reports of violence against Christian minority communities in Orissa, and particularly by the events which occurred there over the Christmas period. I issued immediate instructions to our Embassy in New Delhi to raise our concerns, shared also by our EU partners, with the Indian authorities.

It is important that these events are fully investigated and addressed by the Indian authorities. The EU has made clear the importance of law enforcement agencies taking responsibility in this matter and making sure that such violence does not happen again. I welcome the fact that the Indian authorities have taken this matter seriously, and that senior Government officials have visited the Kandhamal area of Orissa and held talks with community leaders.

Human rights, including the right to religious freedom and the rights of minorities, are an important part of our dialogue and discussion with the Indian authorities. The issue of the treatment of the Christian minority in India has been the subject of regular contacts between the Irish Embassy, EU representatives in New Delhi, and the Government of India, most recently earlier this month. Representations have been made on specific issues relating to religious freedom and in the more general context of EU-India discussions on minorities under the auspices of regular EU-India discussions on human rights issues.

Inter-Country Adoptions.

Brendan Howlin

Question:

342 Deputy Brendan Howlin asked the Minister for Foreign Affairs the position in relation to a Romanian born child whose adoption by an Irish couple has been approved by the Adoption Board but cannot be completed owing to problems with the Romanian legal system; if it is the case that a UN travel document would designate this child a refugee although they have lived with their adoptive parents for ten years; if an application for a further passport (details supplied), as an alternative to a UN travel document, to enable this child to travel to Lourdes in May 2008 with their adoptive parents, will be favourably considered; and if he will make a statement on the matter. [8917/08]

The Department of Justice, Equality and Law Reform is responsible for the issuing of UN travel documents. Policy and practice in this regard, including issues associated with the status of a person to whom such a document is issued, are handled by that Department.

No new passport application has been received by the Passport Office in respect of the child in question. It is therefore not possible to comment definitively on whether a passport would issue. However, if it is the case as the Deputy describes that the adoption has not been approved by the Adoption Board, it would appear that the child may not be an Irish citizen.

The Department would wish to help the parents and the child in every way possible. In this regard, our Ambassador in Romania has been asked to see if there is any way that the legal difficulties preventing approval of the child's adoption by the Adoption Board can be resolved at an early stage. Secondly, the Department has been in direct contact with the Romanian Embassy to see if they can be helpful. I have asked the Department to revert directly to the Deputy's Office once it has a clearer sense of a possible way forward.

Election Monitoring.

Charlie O'Connor

Question:

343 Deputy Charlie O’Connor asked the Minister for Foreign Affairs the arrangements he has made to monitor the upcoming elections in Zimbabwe and ensure that those elections are free and fair; and if he has plans to send Irish observers to those elections. [9261/08]

I remain deeply concerned about the economic hardships and political repression which are affecting the ordinary people of Zimbabwe.

Ireland and the EU have supported the process of dialogue between the Zimbabwean Government and the opposition, facilitated by South Africa under a mandate from the Southern African Development Community (SADC). The talks have not formally concluded but, with the elections drawing nearer, there is no longer enough time to implement any agreement which might be arrived at. Such an agreement would have to include tackling repressive security laws, curbs on freedom of assembly, restrictive media laws and state violence, in time to ensure that these elections take place in appropriate conditions.

The European Union will continue to press for free and fair elections right up until 29 March. I will be discussing the deeply worrying situation in Zimbabwe with my EU colleagues at the next General Affairs and External Relations Council on 10 March.

We must also work closely with Zimbabwe's neighbours, in particular South Africa, who are in the best position to influence the situation. In this regard, and given that the Zimbabwean authorities have stated (most recently in a meeting between a Zimbabwean Foreign Ministry official and an Irish Embassy official on 25 February) that neither the EU nor any EU Member States will be invited to observe the elections, monitoring by regional groups becomes even more important than ever.

I understand that SADC has been invited to monitor the upcoming elections in Zimbabwe. For our part, we have proposed to our EU partners that the EU explore with SADC how it plans to respond to this invitation and to encourage such a monitoring mission. In pursuit of this, I have also asked our Embassy in Lusaka to raise this question directly with the Zambian Government, which is currently Chair of SADC.

Energy Conservation.

Andrew Doyle

Question:

344 Deputy Andrew Doyle asked the Minister for Foreign Affairs the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9444/08]

My Department promotes energy conservation measures on an ongoing basis. It is participating in the recently launched Optimising Power @ Work, Staff Energy Awareness Campaign being led by the Office of Public Works. This campaign, which will begin in the Department this month, aims to achieve a minimum of 15% reduction in total annual carbon dioxide emissions through an intensive staff energy awareness initiative promoting efficiency in respect of all energy consuming processes.

The Department's current policy is to use a number of energy saving devices such as energy efficient lights, powersave function on electrical office equipment and photocopiers with duplex (double-sided copying) facilities.

It is also the policy of the Department to put measures in place for the prevention and reduction in the amount of waste generated and to maximise opportunities for the re-use and recycling of waste arising. Contracts are in place for the collection and recycling of paper and cardboard packaging from my Department's main offices.

In relation to redundant electronic IT equipment, the Department arranges for the reuse of suitable equipment and, where this is not possible, avails of the take back facilities under the WEEE Regulations for the dismantling and recycling of such equipment.

Since the beginning of 2006, carbon emissions have been taken into account in vehicle purchases made by the Department. In order to take account of the wider availability of new technologies, the Department, at my request, is currently preparing a policy on the purchase of official vehicles, to ensure that environmental considerations are taken fully into account as official vehicles are replaced, which is normally done at four year intervals.

I fully support the commitment in the current Programme for Government to ‘Require carbon offsetting of all official air travel in support of urban forests'. I understand that my colleague, the Minister for the Environment, Heritage and Local Government, will announce details of a scheme for use by all Government Departments and bodies under their aegis which will address this commitment. Once the details are announced, the new scheme will be appropriately implemented by the Department.

Job Creation.

Michael Ring

Question:

345 Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment the grant aid or advice available from his Department for the setting up of a business in a sector (details supplied). [8776/08]

My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards, Enterprise Ireland and FÁS, through whom assistance is delivered directly to businesses.

The 35 County and City Enterprise Boards provide a source of support to small businesses with 10 employees or fewer. Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs in the form of feasibility, employment and capital grants. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of enterprises provided that the projects, which should generally be in the manufacturing and internationally traded services sector, have the capacity to achieve commercial viability and which over time may develop into strong exporting entities. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow.

Enterprise Ireland provides funding and expertise to companies with ten or more employees in the indigenous manufacturing and internationally traded services sectors who wish to expand through increased export activity. Through its network of 34 overseas offices, Enterprise Ireland assists client companies to create and implement successful strategies for market entry, development and growth.

I would suggest that the person concerned should, in the first instance, make direct contact with their local CEB and explore what level of assistance, if any, may be available to them. Contact details for individual CEBs can be found by accessing the following website; www.enterpriseboards.ie.

Redundancy Payments.

Michael Creed

Question:

346 Deputy Michael Creed asked the Minister for Enterprise, Trade and Employment if a person (details supplied) in County Cork is entitled to statutory redundancy. [9112/08]

Payment of statutory redundancy is, in the first instance, a matter for the employer. There is no record in my Department of an application for statutory redundancy on behalf of the person to whom the Deputy has referred. If the Deputy requires further information on the Redundancy Payments Scheme, he may contact Ms Ingrid Haughney of my Department at 01-631 3051.

EU Directives.

Brian Hayes

Question:

347 Deputy Brian Hayes asked the Minister for Enterprise, Trade and Employment if any multinational company has contacted his Department to express their concern over the proposed data retention directive and the impact on their business; and if he will make a statement on the matter. [8746/08]

My Department has not received correspondence from any multinational company in relation to this Directive.

Employment Rights.

Arthur Morgan

Question:

348 Deputy Arthur Morgan asked the Minister for Enterprise, Trade and Employment if there is legislation pending that would allow unions to check employers to ascertain if they are paying union rates, complementing the spot checks that are currently carried out by his Department. [8780/08]

The National Employment Rights Authority has been set up on an interim basis with the full powers of the State's labour inspectorate, pending enactment of legislation later this year to place it on a statutory footing. NERA's role includes checking that employers are applying appropriate rates of pay to employees and that employers are providing other entitlements, as appropriate.

Towards 2016 contains certain commitments in relation to arrangements which exist in the electrical contracting sector relating to compliance with the Registered Employment Agreement and which pre-date the establishment of NERA. These arrangements are being examined with a view to establishing how they can be dealt with as a specific issue in the context of the new statutory framework that will be put in place.

FÁS Training Programmes.

Kathleen Lynch

Question:

349 Deputy Kathleen Lynch asked the Minister for Enterprise, Trade and Employment the number of apprentices from the Munster area who each year attend the FÁS apprentice block release sheet metal fabrication course at the Bolton Street College of Technology, for the past three years; the feasibility of doing this course nearer the homes of these apprentices; and if he will make a statement on the matter. [8814/08]

Over the period 2005-2007 a total of 273 apprentices attended Phase 4 and Phase 6 of the Sheet Metal Apprenticeship Programme in the Dublin Institute of Technology, Bolton Street. Of these 81 were from the Munster area.

Dublin Institute of Technology Bolton Street is the only provider in the State of the Phase 4 and Phase 6 programmes in Sheet Metal and has been so for many years. The Dublin Institute of Technology has the necessary expertise and resources to support the training of Sheet Metal Apprentices at Phase 4 and Phase 6 to the required standard.

Kathleen Lynch

Question:

350 Deputy Kathleen Lynch asked the Minister for Enterprise, Trade and Employment the number of apprentices from outside Dublin who are compelled to do their FÁS apprenticeship block release courses in Dublin each year; his views on the difficulty and financial hardships being encountered by these apprentices in finding short let accommodation in Dublin; the advice and assistance in place to help these apprentices; and if he will make a statement on the matter. [8815/08]

The training of apprentices for the off-the-job training elements of the FÁS Apprenticeship Programme for Phase 4 and Phase 6 is provided by the Department of Education and Science through the Institutes of Technology and Colleges of Further Education. In 2007, the Department of Education and Science provided to FÁS 11,133 places nationally for Phase 4 and Phase 6 in the Institutes of Technology and Colleges of Further Education.

FÁS schedules apprentices on the longest waiting basis, based on home address to the nearest Institute of Technology or College of Further Education, depending on programme availability and capacity in the respective Institute of Technology and College of Further Education. The number of Apprentices who were scheduled to attend Institutes of Technology and Colleges of Further Education in Dublin for the Phase 4 and Phase 6 off-the-job training programmes in 2007, who had a home address outside of Dublin, was 1,579 of which 255 were from Munster.

FÁS provides a training allowance to each apprentice attending a Phase 4 and Phase 6 off-the-job training programme and this is supplemented by the provision of an accommodation allowance for those required to secure accommodation for their attendance at their scheduled off–the-job training programme. FÁS also provides to apprentices, on request, information on accommodation availability in the Dublin Region.

Energy Conservation.

Andrew Doyle

Question:

351 Deputy Andrew Doyle asked the Minister for Enterprise, Trade and Employment the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9441/08]

To reduce energy consumption in my Department and in its Offices and to ensure maximum energy efficiency and the minimum carbon footprint in their daily operations, the Department through its Green Team, which was established some years ago and on which representatives of the Department's Offices also serve, has over the past few years initiated the following actions:

Ensured that all lighting in buildings occupied by the Department and its Offices is switched off overnight;

Ensured that the Office of Public Works, which looks after the replacement of electric light bulbs in buildings occupied by the Department and its Offices, uses energy efficient bulbs and long life bulbs wherever possible when electric light bulbs are being replaced;

Ensured that the central heating arrangements for the buildings occupied by the Department and its Offices are switched on and off to achieve optimum energy efficiency;

Ensured that the staff in the Department and in its Offices have been exhorted to:

1. switch off all their computer equipment (base units, monitors and peripheral devices) at the end of each working day;

2. switch off their PC monitors at lunch time and while attending meetings etc.; and

3. ensure that the last person leaving each individual office switches off all electric lights, printers, photocopiers and heaters.

My Department also operates a Travel Pass Scheme for interested members of staff in the Department and its Offices in order to encourage staff to use public transport in lieu of car transport.

The OPW recently announced an initiative to try to reduce CO2 emissions by 15% in targeted State Buildings over the coming years. Two of the buildings occupied by my Department and its Offices have been selected to participate in this initiative and a consultant, appointed by the OPW, is working with the Department to try to achieve this target. It is hoped to extend this initiative and to strive to achieve the target of reducing CO2 emissions by 15% in all of the buildings occupied by my Department and its Offices in the coming years.

As regards the Agencies of my Department, the Deputy will appreciate that ensuring maximum energy efficiency and minimum carbon footprint in their daily operations is an operational issue for the Agencies concerned but the Deputy can rest assured that the Agencies have taken similar actions to those mentioned above over the past few years and will continue to do so.

Tourism Project.

David Stanton

Question:

352 Deputy David Stanton asked the Minister for Arts, Sport and Tourism the number of times the inter-Departmental group established to consider the plans for the future of Spike Island has met; the dates of these meetings; when it is next intended to meet; when he expects to receive a report from the group; the members of the group; and if he will make a statement on the matter. [9024/08]

Following the decision to establish an Inter-Departmental Group to examine options for the future development of Spike Island as a tourism project, my Department sought nominations from: the Department of Defence, the Department of the Environment, Heritage and Local Government, the Department of Finance, the Department of Justice, Equality and Law Reform, the Office of Public Works, the Irish Prison Service, Fáilte Ireland, and Cork County Council.

The Group met for the first time on 21 September 2007. Following that meeting, it was agreed that the various bodies represented on the Group would provide a synopsis of their interest, involvement or role in relation to Spike Island, their potential role in developing, supporting or operating the Island as a tourism project, and what form, if any, they consider that project might take.

My Department subsequently prepared and circulated a comprehensive questionnaire to the relevant Departments and bodies to elicit this information and the Department is currently examining the replies received. These contributions will form the basis of a report which the Group will then consider for agreement; a further meeting will be held if necessary. It is expected that this process will be completed in the near future.

Any recommendations or conclusions in a report of the Group in relation to possible future developments on the site will be for my colleague, the Minister for Justice, Equality and Law Reform, to consider in the first instance.

Swimming Pool Projects.

Olivia Mitchell

Question:

353 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if the benchmarking exercise undertaken to compare the operations of the National Aquatic Centre to similar facilities has been completed; and if he will make a statement on the matter. [8881/08]

As the Deputy will be aware, the National Sports Campus Development Authority have arranged for a benchmarking exercise on the National Aquatic Centre to be carried out. Work commenced at the beginning of February with an estimated timeframe of approximately two months. At present the contracted consultants are reviewing documentation on the operation of comparable facilities elsewhere. I look forward to receiving a report from the Authority on completion of the benchmarking review.

Arts Funding.

Olivia Mitchell

Question:

354 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if he will respond positively to the request from a group (details supplied) seeking a meeting to outline their concerns for the absence of funding for touring; and if he will make a statement on the matter. [9176/08]

The Arts Council Touring Programme provides annual funding for touring.

Under the Arts Act 2003 the Arts Council are statutorily independent in the conduct of their day-to-day business and I have no role to play in the Council's funding decisions. Grants of €757,000 have been made available to the Arts Council in 2008 for touring, effectively doubling the Arts Council annual allocation for this initiative. I hope to build further on this in the coming years as part of increasing access to arts.

Energy Conservation.

Andrew Doyle

Question:

355 Deputy Andrew Doyle asked the Minister for Arts, Sport and Tourism the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9437/08]

There are currently three buildings occupied by my Department, two of which are located in Dublin at Kildare Street and South Frederick Street where my Department is not the main tenant in either building. This limits to some extent the action that can be taken directly by my Department to reduce its carbon footprint. The third is at Fossa in County Kerry, which accommodates an advance party of 70 staff in the context of decentralisation of my Department to Killarney.

During 2007, an Energy Efficiency Committee was established in my Department in the context of the Partnership process to examine energy usage and raise awareness among staff of the need for energy efficiency. In conjunction with the Government's Power of One campaign, the committee organised a number of presentations for staff to outline tips on energy saving actions, both at work and in the home. An Efficiency Suggestions Scheme competition was also held, which invited staff members to make suggestions on making the Department more energy efficient.

I was delighted to personally present the prizes for the best suggestions to staff in July last year. All suggestions submitted have been published and provided to staff in my Department.

These initiatives resulted in notices being placed at electrical equipment and light switches in my Department to remind staff to switch off lights and equipment to save energy. In this context, staff are requested to switch off information technology and any electrical office equipment when not in use and particularly at the end of the working day. Furthermore, all personal computer monitor screens purchased by my Department in 2007 are flat-screen technology, which are far more energy efficient than the old Cathode Ray Tube monitors used.

Where my Department is the only tenant in the building in Fossa, it has recently signed up to the Government electricity contract on a Green supply, which comes from renewable energy sources. My Department has also reduced the exterior lighting of the building to ensure that as soon as the building and car park has been vacated of staff, all the exterior lighting can be switched off, with just a single light over the front door remaining on all night for security purposes. Previously the full exterior lights had remained on throughout the night.

There is a permanent video conferencing link between my Department's buildings in Kildare Street in Dublin and in Fossa, which facilitates meetings between staff located in the two buildings. This reduces the need for travel by the staff in my Department between both locations.

It is also my Department's policy to promote the increased usage of recycled paper as much as possible and my Department has a system in place at its three locations to ensure that all used waste paper is issued for recycling.

In the context of the implementation of decentralisation, construction is currently underway on a new headquarters in Killarney, which will be a "green" building, which will provide a pleasant working environment and yet be economical to run. The design of the building, which has been carefully conceived in line with an exacting brief provided by the Office of Public Works, makes use of many environmentally friendly and energy saving features in line with best practice, nationally and internationally.

The specific measures being taken by the agencies under the aegis of my Department to reduce their carbon footprint in 2007/2008 are a matter for the agencies themselves but I can assure the Deputy that they are conscious of the need to take action in this regard.

Arts Funding.

Mary Upton

Question:

356 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the percentage of the arts budget which is allocated to social inclusion projects; and if he will make a statement on the matter. [9451/08]

Government Policy on the Arts is set out in the Programme for Government and elaborated further in my Department's Statement of Strategy.

One of the stated objectives of this policy is to encourage and support the strategic development of the arts in local communities, both geographic and communities of interest, for the disadvantaged and for minority groups.

My policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life.

Consequently all funding allocated by my Department to the arts is aimed at, inter alia, addressing the issues of cultural participation, access and social inclusion.

Decentralisation Programme.

Seymour Crawford

Question:

357 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the progress on the decentralisation of the Department of Social and Family Affairs to Carrickmacross; the number of jobs that will be available; the number who have applied; and if he will make a statement on the matter. [8792/08]

Under the current programme of decentralisation, 85 posts in the Department are to be relocated to Carrickmacross.

According to figures received from the Central Application Facility (CAF), through which all applications for decentralisation locations must be submitted, 64 applicants applied for Carrickmacross before the priority application date of 7 September 2004. Since this date, there have been 27 new applications.

The Office of Public Works is charged with securing accommodation in Carrickmacross for this Department and have advised that they are in discussions with Monaghan County Council regarding a proposed site for the Department's decentralised office.

Seymour Crawford

Question:

358 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the progress towards any decentralisation to Monaghan Town; and if he will make a statement on the matter. [8793/08]

Under the current programme of decentralisation, the Combat Poverty Agency is designated to relocate to Monaghan town.

The Office of Public works is charged with securing accommodation in Monaghan for this Department and have advised that they are currently exploring a number of property options. These include the proposed refurbishment of an existing office and the construction of a new building.

At this time there is no indicative date for the move.

Departmental Offices.

Caoimhghín Ó Caoláin

Question:

359 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if it is planned to close the civil registration office in Bray, or to relocate it elsewhere in County Wicklow; if so, the number of jobs that will be affected; and if he will make a statement on the matter. [9125/08]

The provision of civil registration services at local and regional level is a matter for the Health Service Executive. My Department has asked the Chief Executive of the Health Service Executive to investigate the matters raised and to reply directly to the Deputy.

Social Welfare Benefits.

Joe Costello

Question:

360 Deputy Joe Costello asked the Minister for Social and Family Affairs the amount the Health Service Executive paid in rent allowance in 2007 from centres (details supplied); the number of rent supplements paid to families or individuals by the centres; the number of inspections carried out by the centres prior to approving rent allowance; and the number of payments that have been withheld by the HSE at the centres as a result of a notification by Dublin City Council of non-compliance with housing standards. [9139/08]

The expenditure on rent supplement and number of recipients for the administrative areas, as listed by the Deputy, are shown in the following tabular statement.

Rent supplement is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme.

In order to qualify for a rent supplement a person must satisfy a means test and be habitually resident in the State. The HSE must satisfy itself also that the applicant has a genuine accommodation need for which he or she cannot provide, that a bona fide tenancy arrangement exists between the applicant and the landlord and that the property being rented is suitable to his or her needs.

In determining whether the accommodation is suited to the person's accommodation needs, the Executive must establish the household composition, the size of the accommodation unit and identify any special needs that the person may have. As part of this process, the Executive may carry out a visit to the residential premises in question.

This home visit may also be used to confirm the applicant's residence at the address. The HSE has confirmed that it is standard practice to visit all residential premises within the area outlined by the Deputy.

The HSE may consider that a property is not suited to the applicant's needs if the accommodation does not comply with housing regulations. Enforcement of such regulations is a matter for Local Authorities rather than the Community Welfare Service of the HSE and Community Welfare Officers are not qualified to undertake this work.

Payment of rent supplement may be withheld where the HSE is notified by a housing authority regarding non-compliance with housing standards. The HSE has confirmed that no such notifications have been received in respect of rent supplement tenancies within the administrative areas identified by the Deputy. Consequently, no rent supplement payment has been withheld for this reason in the areas in question.

Rent Supplement Payments Made from Selected Health Centres in 2007 — Recipients and Expenditure

Health Centre

No. Clients

Total Rent Supplement Paid

Benburb Street

205

1,107,479

Botanic Avenue

504

2,409,754

Cabra — Quarry Rd

1,256

5,974,014

East Wall

2

14,998

Lisburn St

676

3,219,406

Millmount Avenue

494

1,881,289

North Strand

1,112

4,928,634

Summerhill

35

167,421

Civil Registrations.

Pat Rabbitte

Question:

361 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs the processes and guidelines the Registration Offices use to ensure the bona fides of couples wishing to get married; and if he will make a statement on the matter. [9140/08]

The provisions of the Civil Registration Act 2004 relating to marriage were commenced with effect from 5 November, 2007. New processes and procedures which are based on these provisions were put in place from that date to ensure that marriages which take place are legally valid.

Section 46 of the Act requires that, save in exceptional circumstances, couples intending to marry in the State attend the office of the registrar in person to give notification of intention to marry at least three months in advance of the intended marriage date and to sign a declaration that there is no impediment to the marriage. This provision also gives the registrar authority to request evidence from each of the parties in relation to the verification of identity, current marital status, nationality etc. and the procedures in place provide for this. Notices of intention to marry may be published and are available for inspection at the registrar's office. The meeting between the registrar and the couple provides an opportunity for the registrar to elaborate on all the requirements for a marriage to be civilly recognised and to clarify any issues which may arise.

Section 48 of the Act provides for the issue of a Marriage Registration Form ( MRF ) without which no marriage may be legally solemnised. In essence, this form constitutes the approval of the registrar to the marriage proceeding. An MRF will be issued only when the registrar is satisfied that all the statutory requirements relating to a valid marriage have been met. The MRF contains the details of the parties to the marriage, of the registered solemniser who will solemnise the marriage and of the witnesses and it must be given to the solemniser before the marriage ceremony.

Section 51 of the Act sets out the manner in which a marriage must be solemnised. The solemniser must be a registered solemniser. The place in which the ceremony takes place must be open to the public and the solemniser must be satisfied that the parties to the marriage understand the nature of the ceremony and the declarations which they must make as part of the ceremony. These declarations are that there is no impediment to the marriage and that they accept each other as husband and wife. This section also provides for the use of an interpreter where one of the parties to the marriage, the solemniser or one of the witnesses does not have sufficient knowledge of the language of the ceremony.

There is also legal provision for the making of an objection to the marriage proceeding, and this can be made at any time before the ceremony.

Staff in all of the registration offices have been provided with detailed documentation concerning the application of the requirements of the new legislation and have been given comprehensive training on these.

In view of the above the Registrar General is satisfied that the processes and procedures in place are sufficient to ensure that marriages are being solemnised in accordance with the law.

Social Welfare Benefits.

Michael Ring

Question:

362 Deputy Michael Ring asked the Minister for Social and Family Affairs the way a person in County Mayo was assessed for jobseeker’s allowance; the reason it took six weeks for their assessment to be completed; and if he will make a statement on the matter. [8710/08]

The person concerned, who is self-employed in the construction industry, applied for jobseeker's allowance on 21 January 2008. A Deciding Officer assessed his weekly means at €385 and awarded the allowance to him at the weekly rate of €40.10 from 21 January 2008. A first payment, including arrears, issued to him on 25 February 2008.

The means assessment in this case is based on information supplied by the person concerned in relation to his earnings in 2006. It is open to him to provide my Department with more recent evidence of his earnings or to appeal the deciding officer's decision to the independent Social Welfare Appeals Office and a form for this purpose has been issued to him.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Seymour Crawford

Question:

363 Deputy Seymour Crawford asked the Minister for Social and Family Affairs when a person (details supplied) in County Cavan can expect a decision on their application for carer’s allowance; and if he will make a statement on the matter. [8764/08]

The person concerned applied for carer's allowance on 10 December 2007. The case has been referred to my Department's Medical Assessor to determine if the care recipient requires full-time care and attention. On completion of the necessary investigations a decision will be made and the person concerned will be notified directly of the outcome.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Bernard Allen

Question:

364 Deputy Bernard Allen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork has been refused a clothing allowance under the supplementary welfare scheme. [8837/08]

Under the terms of the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or health service executive payment.

The Southern Area of the Executive has advised that the person concerned has already received a number of exceptional needs payments in addition to a number of heating supplements. The person concerned was refused an ENP for clothing in January 2008, as it was deemed that evidence of an exceptional need had not been presented. The Executive has stated that the matter is currently under review with the Executive's Appeals Office and has advised that the person concerned will be notified of its decision in due course.

Jack Wall

Question:

365 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason rent supplement has been suspended for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8856/08]

Jack Wall

Question:

366 Deputy Jack Wall asked the Minister for Social and Family Affairs if persons on community employment schemes have an entitlement to rent supplement; if so, the reason rent supplement was stopped for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8867/08]

I propose to take Questions Nos. 365 and 366 together.

The Health Service Executive has advised that the persons concerned are currently in receipt of a rent supplement of €598.13 per month and that the Executive's Appeals Office is to make a decision in relation to any arrears due. The persons concerned will be advised of the decision in due course.

Rent supplement is calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum contribution of €13 which each recipient is required to pay from his or her own resources. Many recipients pay more than €13 a week towards accommodation costs as they are also required to contribute a portion of any additional assessable means that they have over and above the appropriate basic supplementary welfare allowance rate.

The assessment of additional income of participants on a training course, such as the community employment scheme, has always been a feature of the rent supplement scheme. A person participating on a community employment scheme can continue to receive rent supplement, subject to satisfying the standard means assessment. Under improvements provided for in Budget 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75, is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

Social Insurance.

Michael Ring

Question:

367 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has been told that they can not sign on for credits. [9018/08]

To have an entitlement to sign the live register for credited social insurance contributions, a person must previously have worked and paid contributions at the appropriate rate. If at any stage since starting work, a person has no contributions paid or credited for two full consecutive tax years, he or she will not have an entitlement to credited contributions until he or she returns to work and pays appropriate contributions for at least 26 weeks.

My Department's records show that the person concerned had previously paid contributions in the 1999/2000 contribution year. Since then she has only been employed from 6 December 2007 to 18 January 2008. Accordingly, she is not entitled to sign for credited social insurance contributions.

Social Welfare Benefits.

John O'Mahony

Question:

368 Deputy John O’Mahony asked the Minister for Social and Family Affairs his views on providing financial support to separated people in poor financial circumstances (details supplied); and if he will make a statement on the matter. [9149/08]

The current social assistance payment for separated parents and widows/ers with children is the One Parent Family Payment (OFP). This payment is means tested and in the case of separated persons also dependent on the recipient having sought maintenance from their former spouse.

The weekly rate of payment is €197.80, with an additional €24 per qualified child. The payment can be made until a child is 18, or 22 if in full-time education.

A claimant is entitled to have earnings up to €146.50 disregarded for the purposes of the payment with half the balance of any earnings up to €400 disregarded as means (this will increase to €425 in May 2008). In addition, a claimant can offset up to €95.23 received in maintenance per week against rent or mortgage payments. Thereafter, half of any balance of weekly maintenance is assessed as means.

Parents earning more than this upper income limit may also be able to claim Family Income Supplement, which is a payment made to families at work on low income.

Widows/ers under the age of 66 and without children can claim widow's non-contributory pension, which is paid at the same rate as OFP. This payment is also subject to a means test.

Brian Hayes

Question:

369 Deputy Brian Hayes asked the Minister for Social and Family Affairs if the allowance social welfare recipients receive to cover communion or confirmation costs can be used to cover the cost of other religious ceremonies; and if he will make a statement on the matter. [9197/08]

There are no payments specifically to cover communion/confirmation costs or the cost of other religious ceremonies as such. However, under the terms of the supplementary welfare allowance scheme a person whose means are insufficient to meet their needs may apply for the exceptional needs payment.

The scheme is administered on my behalf by the community welfare division of the Health Service Executive. Under the scheme, an exceptional needs payment may be made to help meet an essential, once-off cost which an applicant is unable to meet out of his/her own resources. Recipients of an exceptional needs payment would normally be in receipt of a social welfare or health service executive payment.

There is no automatic entitlement to Exceptional Needs Payment. The determination on whether or not an exceptional needs payment should be paid, is based solely on the need of the individual and the circumstances of each individual case.

Bernard J. Durkan

Question:

370 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent support will be awarded to persons (details supplied) in County Kildare; and if he will make a statement on the matter. [9259/08]

The Health Service Executive has advised that it is awaiting the return of documentation from the persons concerned.

A decision will be made on the application for rent supplementation as soon as the persons concerned contact the community welfare officer and provide the relevant documentation.

Energy Conservation.

Andrew Doyle

Question:

371 Deputy Andrew Doyle asked the Minister for Social and Family Affairs the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9447/08]

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Community Development.

John Deasy

Question:

372 Deputy John Deasy asked the Minister for Community, Rural and Gaeltacht Affairs the reason funding is being withdrawn from the Framework agency; if his attention has been drawn to the concern of many community development groups who rely heavily on this support agency in dealing with legal employment and financial obligations; if he has plans to provide alternative support from 1 June 2008; and if he will make a statement on the matter. [8797/08]

I would refer the Deputy to my reply to Question No. 433 on 19 February 2008.

Bernard J. Durkan

Question:

373 Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be offered to an organisation (details supplied) in County Kildare; if he has received correspondence from this organisation in this regard; his plans to address this matter in early date; and if he will make a statement on the matter. [8900/08]

The Project in question is funded under the Community Development Programme. The Community Development Programme provides financial assistance to some 180 Projects nationally. These projects operate local resource centres or provide services aimed at addressing the problems faced by communities caused by poverty and disadvantage. Funded Projects meet the needs of women and children, those with disabilities, the homeless, lone parent families, the elderly, the unemployed, young people at risk, Travellers and other disadvantaged groups.

This project has been allocated funding of €130,000 for 2008. Projects were informed of funding in December 2007. The Department has not received a request for additional funding in excess of the allocated budget.

Foghlaim na Gaeilge.

Aengus Ó Snodaigh

Question:

374 D’fhiafraigh Deputy Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na céimeanna atá a Roinn a ghlacadh chun an ceart bunúsach an Ghaeilge a fhoghlaim, is ceart a luaigh sé i litir 296/2008/ÉÓC/BMD 13 Feabhra 2008, a chur i ngníomh do gach duine in Éirinn, dóibh siúd atá tagtha chun cónaithe anseo san áireamh, agus an bhfuil aon teagmháil ag a Roinn le Ranna eile, nó leis an Rialtas, chun a chinntiú gur féidir le gach duine an ceart sin a chleachtadh, ar sin a éileamh. [8947/08]

Is tagairt d'fhreagra ar chomhfhreagras a d'eisigh mé le déanaí atá luaite sa Cheist seo. Sa fhreagra sin, d'aontaigh mé le tuairimí a nochtaíodh maidir le deiseanna a thabhairt do dhaoine a raibh fonn orthu Gaeilge a fhoghlaim. Níl i gceist agam, áfach, forleathnú a dhéanamh ar chuile píosa comhfhreagrais chuig nó ó m'oifigse i bhfoirm freagra ar Cheist Dála.

Gaeltacht Housing Grants.

Dara Calleary

Question:

375 Deputy Dara Calleary asked the Minister for Community, Rural and Gaeltacht Affairs his plans to review the Gaeltacht housing grant scheme, particularly the level of grants awarded. [9012/08]

While my Department keeps all its schemes and programmes under review on a regular basis, I have no specific plans at present in relation to the grant scheme under the Housing (Gaeltacht) Acts.

Energy Conservation.

Andrew Doyle

Question:

376 Deputy Andrew Doyle asked the Minister for Community, Rural and Gaeltacht Affairs the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9439/08]

I am arranging for the information to be compiled as a priority and provided directly to the Deputy. It is not practical, within the time available to provide the information sought.

Coastal Zone Management.

Joanna Tuffy

Question:

377 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if there are plans to set up an inter-Departmental committee to oversee and coordinate marine, fisheries and coastal responsibilities that are covered by a number of Government Departments; and if she will make a statement on the matter. [8714/08]

There are no plans to set up such a committee. There is however a high degree of co-ordination and consultation between the Departments, Boards and Agencies on issues related to marine, fisheries and coastal responsibilities. This co-ordination will continue and the Departments concerned will continue to work closely together in these matters.

Animal Welfare.

David Stanton

Question:

378 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food if she is considering new legislation, primary or secondary, to update the law regarding the welfare of animals; and if she will make a statement on the matter. [9116/08]

The Programme for Government contains a number of animal welfare-related commitments including one to consolidate responsibility for the welfare of all animals, including non-farm animals, within my Department. Other such commitments include the updating of existing legislation to ensure that the welfare of animals is properly protected and penalties for offenders are increased significantly. The preparation of comprehensive legislation in the form of a draft Animal Health and Welfare Bill, to take account of these commitments is proceeding within my Department. In advance of its publication, my Department will engage in a form of public consultation regarding the proposed legislation, which will provide an opportunity for interested parties to submit their views.

Grant Payments.

Michael Ring

Question:

379 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the position regarding an appeal by a person (details supplied) in County Mayo. [8818/08]

Three applications were received in January 2008 requesting transfers of entitlements, for the 2007 scheme year, by way of leases to the person named from three other farmers.

As these applications were received seven months after the closing date for receipt of such applications, they were initially rejected. Upon appeal however from the person named, the applications have been accepted and have now been fully processed.

Payment on foot of each of these transfers issued to the person named on 21 February 2008.

John Perry

Question:

380 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if she will ensure that a REP scheme payment is made to a person (details supplied) in County Sligo as soon as possible; and if she will make a statement on the matter. [8935/08]

The person named has been requested to clarify an apparent area discrepancy in an amended plan recently submitted and the application for payment cannot be processed until this is resolved.

Fisheries Protection.

John Deasy

Question:

381 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the situation regarding cockle dredging in Waterford Estuary, particularly in the areas of Woodstown and Passage East; if her attention has been drawn to the considerable local concern that cockle stocks are being depleted to an unsustainable level; and if she will make a statement on the matter. [8943/08]

S.I No. 753 of 2007, Cockle (Fisheries management and Conservation) (Waterford Estuary) Regulations 2007, signed by me on the 12th November 2007 closed the fishery to which the Deputy refers.

Environmental concerns including stock biomass will be taken into account when considering re-opening this fishery.

Grant Payments.

Michael Ring

Question:

382 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo did not receive their REP scheme three, year three payment; and if she will make a statement on the matter. [8949/08]

As part of his agreement to transform from REPS 2 to REPS 3 in October 2004, the person named undertook to submit a consolidated REPS 3 plan before 30 September 2006. An application for his third year payment was received on 20 October 2006, but it was not accompanied by the required consolidated plan. The person named was reminded on 8 December 2006 that a consolidated plan was required but no plan was received prior to his death in January 2007.

As the REPS contract was terminated automatically on the death of the participant, it is not possible at this stage to consider a consolidated plan.

Fishing Industry Development.

Michael Ring

Question:

383 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if the inshore fishing sector is no longer considered a viable source of income following the salmon drift net fishing ban, the alternatives that will be put in place for these fishermen; and if she will make a statement on the matter. [9016/08]

The Community Support Scheme, recommended by the Report of the Independent Group, is not ordinarily directed at commercial salmon fishing licence holders (who have the opportunity to avail of payments from the Salmon Hardship Scheme) but rather at the development of additional economic opportunities for crews and employees in the processing and ancillary sectors in the communities where commercial salmon fishing has been a well established activity and where its withdrawal demonstrably impacts on their economic and social fabric for example, Gaeltacht areas.

The scheme is to be administered by the LEADER companies under the supervision of the Department of Communications, Energy and Natural Resources in conjunction with the Department of Community, Rural and Gaeltacht Affairs.

The coastal communities concerned will also benefit from schemes for the sustainable development of fisheries and aquaculture, which are being put in place in the line with the recommendations of the Cawley Report — Steering A New Course. These schemes are administered by Bord Iascaigh Mhara and Údarás na Gaeltachta.

Grant Payments.

Michael Ring

Question:

384 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a REP scheme payment will issue to a person (details supplied) in County Mayo. [9036/08]

REPS 3 closed for new applications at the end of 2006. The father of the person named died on 12 January 2007. It was not legally possible for the person named to apply for REPS 3 at that stage.

It is now possible for him to apply to join REPS 4.

Departmental Staff.

Brendan Howlin

Question:

385 Deputy Brendan Howlin asked the Minister for Agriculture, Fisheries and Food if it is the case that staff numbers in her Department’s offices at Johnstown Castle Estate in County Wexford have reduced from approximately 400 to 340; the reason for this reduction; her views on whether this staff reduction supports the Government’s decentralisation goals; the rationale for reducing staff numbers at Johnstown Castle while simultaneously building new offices and moving staff from Johnstown to Portlaoise; the reason additional operations of her Department have not been decentralised to Wexford in view of the phasing out of export refunds; if she will provide details of Government strategy in relation to Johnstown Castle and projected staffing requirements at that location up to 2010; and if she will make a statement on the matter. [9102/08]

The work of my Department is subject to continuous change especially in recent times with the introduction of the Single Payment Scheme, Decentralisation and additional responsibilities in the areas of animal health and welfare, habitats and climate change. Since 2005 overall numbers in the Department have been reduced by 400 and another 500 staff have been redeployed to new schemes. The location of posts has to take account of business requirements in a changing environment. Therefore this Department's staff levels in various locations has to be adjusted from time to time. There has been significant reductions in staff levels in the majority of this Department's Offices including local offices over the last 3 years. For example the Department's staff in Castlebar has reduced by over 50%. This Department will continue to monitor the situation in Johnstown Castle to ensure that all staff have gainful employment and can contribute fully to the achievement of the Department's mission. To this end a number of functions have been transferred to Johnstown Castle in recent times including the Wildlife Administration Unit, the Beef Import Licensing Section and additional resources have been assigned to the administration of Forestry, On-Farm Investment and REPS schemes.

The decentralisation programme as it relates to this Department involves the movement of posts from Dublin to Portlaoise; Cork city to Fermoy; the rationalisation of the Department's laboratories in Munster to Macroom; and the now completed move of the fisheries function to Clonakilty. No posts have or will move from Wexford to Portlaoise under the programme. Outside of the programme, posts may relocate within the Department in order to deliver operating efficiencies.

Grant Payments.

Michael Creed

Question:

386 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Cork will be entitled to the top up under the installation aid scheme. [9103/08]

The top-up grant is available to eligible farmers under the Installation Aid Scheme who were set-up in farming for the first time between 1 May and 31 December 2006. Verification of an applicant's date of set-up only takes place when the IAS 2 (application for payment) is received from the applicant. As the applicant in this case has only submitted a preliminary application (IAS 1), it is not possible at this stage to determine eligibility for the top-up grant.

Disadvantaged Areas Scheme.

Michael Creed

Question:

387 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if she will provide information regarding the EU reviewing areas defined as disadvantaged; and if she will make a statement on the matter. [9113/08]

The European Commission first tabled proposals in 2004 on a review of the Less Favoured Areas (Disadvantaged Areas), with a view to having changes implemented as part of the Rural Development Framework for 2007-2013. The proposals represented a move away from designation based on socio-economic factors, (declining rural population, low productivity and low farm incomes), to a methodology favouring physical characteristics, (soil type, poor climate, slope and altitude of land). Agreement was not achieved because of the level of opposition from many Member States. Accordingly, the Commission agreed to allow the current criteria stand until 2010, with proposals, for new criteria to be brought forward in 2008, for implementation from 2010 onwards.

An evaluation of the Less Favoured Areas Measure in the Member States was carried out on behalf of the Commission by the Institute for European Environmental Policy and published in November, 2006. Bilateral meetings between the Commission and Member States, are taking place and following their conclusion the Commission intend to prepare and finalise a proposal for submission to the Council of Ministers. It is expected that this proposal will be made in May 2008 with a view to having it adopted by the Council prior to the end of this year.

My officials and I will work very closely with the Commission and my colleagues in the Council of Ministers with a view to achieving the optimum outcome for Ireland.

Sheep Sector.

Paul Kehoe

Question:

388 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food her views on re-introducing the ewe premium to solve problems in the sheep sector as indicated in an Ernest and Young report to the European Parliament on 25 February 2008; and if she will make a statement on the matter. [9172/08]

The EU Council of Ministers will, at my request, discuss the development of the sheep sector at its next meeting on 17th March. The re-introduction of the ewe premium is one of several recommendations made in the Ernst and Young report to address issues in the sector. It is premature to draw definitive conclusions as to the merits of those recommendations. I will be guided by the discussions at the Council of Ministers and by the ongoing consideration within my Department as to the advantages and disadvantages of possible support actions.

Paul Kehoe

Question:

389 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the parts she has implemented of the John Malone report in the sheep sector; and if she will make a statement on the matter. [9173/08]

The sheep sector is an important part of the overall agri-food sector and its future depends on its ability to meet the needs of the market. The Sheep Industry Strategy Development Group and the subsequent Implementation Group set the blueprint for the sector's future development. Most of the recommendations fall to be implemented by the industry itself but my Department and the state agencies under my aegis are also playing an active role.

Under REPS 4, a new mixed grazing measure specially targeted at sheep farmers has been introduced and there are signs of interest in it among applicants to date under that scheme.

The plans for the upgrading of a Sheep Genetic Improvement Programme have been advanced. The next stage of the process is to agree an interim structure and framework for a new breed improvement programme and extensive consultation with all stakeholders is planned in forthcoming months. My Department is taking the lead in arranging these consultations with the involvement of the farm bodies, pedigree breeders, Teagasc and ICBF. It is hoped that agreement can be reached and a new programme put in place for the 2008/2009 sheep breeding year.

Transparency on pricing is a pre-requisite for efforts to improve quality and respond to the needs of the market. Farmer confidence in the pricing system operated by plants will be improved if mechanical grading can be introduced. My Department is facilitating trials on this that are set to begin later this month.

Teagasc are making a very positive contribution as well and have developed a comprehensive plan to restructure their sheep support services, including a programme for Technology Evaluation and Transfer farms, which includes hill and lowland areas. This approach will provide an opportunity for developing a dialogue with sheep farmers about the application of the latest management practices to their enterprises and identify research and development needs.

The Lamb Quality Assurance Scheme was established in 2007. Bord Bia is also playing a prominent part. A total of 4,683 farms have been registered to date and 2,501 farm audits have been carried out. In 2007 the Department made available €0.4m to support inspections under the scheme and this funding will be repeated again in 2008 and 2009.

In addition to the measures being taken at producer and processor level, promotional efforts are very necessary. Bord Bia will continue to organize strategic marketing campaigns marketing in selected European markets. The downward trend in lamb consumption in certain markets presents a real challenge. To address this, Bord Bia is collaborating with its French and British counterparts on a 3 year generic lamb promotion on the very important French market to promote lamb to younger consumers.

Grant Payments.

Seymour Crawford

Question:

390 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when farmers can hope to receive payments for work carried out under the farm improvement scheme; her views on the fact that jobs that were finished and passed for payment in November 2007 cannot as yet be sent for payment by the local offices; and if she will make a statement on the matter. [9185/08]

Payments under the Farm Improvement Scheme continue to be made to farmers who have satisfactorily completed work under the Scheme.

Farm Waste Management.

Jimmy Deenihan

Question:

391 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food the number of approvals for slotted units under the farm waste management scheme that are awaiting completion in County Kerry and nationally before the end of 2008; and if she will make a statement on the matter. [9188/08]

To date, 21,077 slatted units have received approval to commence under the revised Farm Waste Management Scheme which requires all investment work to be completed before the end of 2008. Of these, 1,192 units have been approved to commence in County Kerry. Grants have been paid, to date, on 4,048 completed slatted units throughout the country. Of these, 247 were in County Kerry.

Energy Conservation.

Andrew Doyle

Question:

392 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the measures being taken by her Department and its agencies to reduce their carbon footprint in 2007/2008. [9436/08]

Various measures have been taken by my Department to reduce its carbon footprint. One of the most significant initiatives was the installation in 2007 of a new wood-fired heating system in my Department's offices at Johnstown Castle, Wexford, as an alternative to fossil fuel. This system provides all office and water heating. Following a survey carried out by the Office of Public Works it has been decided to install biofuel heating systems in the following offices of my Department; Ballina AES Office, Cavan Regional Office, Castlebar Office, Ennis Local Office, Enniscorthy Local office, Longford Local office, Mullingar Local Office and Nenagh Local Office. It is envisaged that the Office of Public Works will have these systems installed later this year. Also, in recent months the electricity supply to the following Regional Offices has been switched to renewable energy sources; Cavan, Johnstown Castle, Maynooth and Portlaoise.

In addition, recycled paper/paper products accounts for approximately 25% of expenditure on office supplies in my Department. A large percentage of the additional spend would be in respect of printer paper. The printer paper currently used in my Department, though not recycled, is produced from renewable forest sources. The supplier has indicated that a new recycled paper of a higher quality that may overcome the machinery reliability issues is now available. This product will be tested by my Department in the near future.

Other measures in place include:

The use of automotive diesel with 5% biodiesel blend in the farm road vehicles at Abbottstown and Backweston farms,

The use of video-conferencing between the various office locations,

The promotion of on-line services,

The provision of an e-working facility whereby staff may work away from their ‘home' office, where suitable, in a Departmental office nearer to their home,

The replacement of Cathode-Ray Tube monitors with flat-screen monitors and the introduction of energy-efficient PCs/Servers, which have power-management features,

The disposal/recycling of all ICT related hardware equipment in an environmentally friendly manner, and

A daily bus service from Wexford Town, which brings staff to and from work in Johnstown Castle.

My Department is also of course involved in the development and promotion of a number of green energy projects. Measures taken by agencies under the aegis of my Department to reduce their carbon footprint are operational matters for the agencies themselves.

Vocational Training Opportunities Scheme.

Michael Ring

Question:

393 Deputy Michael Ring asked the Minister for Education and Science the length of time a person must be signing for credits to be eligible for a VTOS course. [9017/08]

To be eligible for enrolment on a VTOS course, a person must be 21 years of age and have been signing for credits for at least six months (156 days) directly before commencing their course.

Drug Awareness Programmes.

John O'Mahony

Question:

394 Deputy John O’Mahony asked the Minister for Education and Science her plans to allocate funding to secondary schools to provide drugs awareness programmes; and if she will make a statement on the matter. [8722/08]

My Department, through substance abuse prevention education in primary and postprimary schools, is committing considerable resources in support of the overall aim of the Government's policy in relation to drugs, which is to provide an effective, integrated response to the problems posed by drug misuse.

Drug prevention education is implemented as part of the Social, Personal and Health Education (SPHE) curricula in post-primary schools. The SPHE curriculum is mandatory up to Junior Certificate Level in which substance use is one of 10 modules taught.

The senior cycle Curriculum Framework for SPHE has been agreed by Council. However, Council was of the view that as the implementation of such a framework would present many challenges for schools and the education system, it should, when issued to the DES, be accompanied by comprehensive advice on how the framework should be implemented in schools.

All post-primary schools are invited to inservice training in SPHE each spring and autumn on a regional basis. A selection of SPHE topics are offered to teachers, including substance use education. Health Promotion Officers and Regional Development Officers along with experts in specific areas, such as substance use education are involved in the delivery of this inservice.

The National Council for Curriculum and Assessment (NCCA) SPHE course committee has finalised a Framework SPHE curriculum for Senior Cycle students at post-primary level, and is now in the process of working with a small group of schools looking at how the framework could best be implemented at ground level before finalising advice for the DES on the implementation of the Framework. Both the Framework and the advice on implementation should be approved by Council by June and will subsequently issue to the DES. The evidence available to me from the national SPHE Support Service informs me that the substance misuse education prevention programmes being implemented as an integral part of the SPHE curricula is in line with best international practice.

Site Acquisitions.

Liz McManus

Question:

395 Deputy Liz McManus asked the Minister for Education and Science his policy in relation to providing permanent accommodation for a school (details supplied); if a site in Rathnew is the planned site for this school; if she is satisfied that this site is fully suitable for the gaelscoil; and if she will make a statement on the matter. [8724/08]

It is assumed that the site to which the Deputy refers is the one where the school is currently located. That being the case, the site in question is not the planned long term home for the school. Its location there is a temporary arrangement. The Department is aware of the need to provide permanent accommodation for the school and it is in on-going discussions with the local authority and landowners for the purpose of identifying and acquiring a suitable site as quickly as possible to enable this.

School Accommodation.

Olwyn Enright

Question:

396 Deputy Olwyn Enright asked the Minister for Education and Science if her attention has been drawn to an accommodation crisis facing a national school (details supplied) in County Laois; the plans in place by her Department to address the matter; and if she will make a statement on the matter. [8728/08]

I am pleased to inform the Deputy that the situation in relation to the site issue at Gaelscoil Phortlaoise has been resolved and the school authorities notified.

Schools Building Projects.

Pat Breen

Question:

397 Deputy Pat Breen asked the Minister for Education and Science when a design team will be appointed for a project (details supplied) in County Clare; and if she will make a statement on the matter. [8730/08]

The appointment of a Design Team for the project referred to by the deputy has not yet been completed. 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.

Finian McGrath

Question:

398 Deputy Finian McGrath asked the Minister for Education and Science if he will make a project (details supplied) a priority. [8737/08]

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, its 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.

Youth Services.

David Stanton

Question:

399 Deputy David Stanton asked the Minister for Education and Science the sections of the Youth Work Act 2001 that have been enacted; the timescale for the implementation of the remaining sections of the Act; and if she will make a statement on the matter. [8740/08]

Section 1 of the Youth Work Act, 2001 provides for sections to be commenced at different stages. Sections 2-7, 17, 18 and 24 have been commenced to date. A sub-committee of the National Youth Work Advisory Committee (NYWAC), representative of both statutory and voluntary sectors as well as of my Department, has been progressing the groundwork, including the development of detailed guidelines and procedures, which are vital for the further coherent implementation of the Act. The work of this sub-committee is continuing.

Significant progress has been made since 2006 in the roll out of the Act at local level. A structure for the resourcing of VECs to carry out the functions set out for them under the Youth Work Act, 2001 was agreed between my Department and the Irish Vocational Education Association (on behalf of the 33 VECs) in July 2006. This structure provided for the appointment of a number of Youth Officers (21.5 posts) to be shared by 25 VECs and outlined the salary scale and functions of the posts. In addition, existing posts in the remaining eight VECs were re-designated as Youth Officer posts. I will determine further sections of the Act for implementation, having regard to the advice of the National Youth Work Advisory Committee, as the necessary procedures are finalised and as resources permit.

Educational Disadvantage.

Brian Hayes

Question:

400 Deputy Brian Hayes asked the Minister for Education and Science the number of children graduating from primary schools here over the course of 2005, 2006 and 2007; and if she will make a statement on the matter. [8747/08]

Brian Hayes

Question:

401 Deputy Brian Hayes asked the Minister for Education and Science the number of children that entered secondary schools here over the course of 2005, 2006 and 2007; and if she will make a statement on the matter. [8748/08]

I propose to take Questions Nos. 400 and 401 together.

Final data are not yet available on the number of pupils leaving or entering schools for the 2007/2008 school-year. Data on the numbers of pupils leaving National Schools and entering aided Second Level schools in 2005 and 2006 are contained in the following table.

Enhancing attendance, progression, retention and attainment are central to DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion, which has being implemented in 873 schools comprising 670 primary schools (338 urban/town schools and 332 rural schools) and 203 second-level schools. This represents a shift in emphasis away from individual initiatives, each addressing a particular aspect of the problem, with the new plan adopting a multi-faceted and more integrated approach. This is the first time that an integrated educational inclusion strategy has been developed for 3–18 year olds in this country.

The key principle of early intervention, to identify and help children at risk of leaving school early, is a major component of DEIS, with a continuing emphasis being placed on the development of effective transfer programmes for pupils making the transition to second-level, by building on the existing work of the HSCL scheme and the School Completion Programme in this area.

The School Completion Programme was established to directly target those in danger of dropping out of the education system and is a key component of my Department's strategy to discriminate positively in favour of children and young people who are at risk of early school leaving. In line with current thinking, the Programme favours an integrated cross-community and cross-sectoral approach based on the development of local strategies to ensure maximum participation levels in the education process. It entails targeting individual young people, both in and out of school, and arranging supports to address inequalities in educational access, participation and outcomes. A key component of the School Completion Programme (SCP) is developing strong links between primary and post-primary schools in disadvantaged areas.

The Home School Community Liaison (HSCL) Scheme is a key intervention to improve the educational outcomes of children from disadvantaged areas by promoting active cooperation between their parents and teachers and encouraging community involvement. Through their work with parents, HSCL officers seek to raise parents' awareness of the need to encourage their children to work hard at school and to help parents to improve their own capacities to enhance their children's educational progress and to assist them in developing relevant skills.

Progression from primary to second-level is recognised as a crucial transition period in a child's education. Initiatives such as Familiarisation Days and week-long transfer programmes for new entrants to second level have been shown to have very positive results in helping children to make a smooth transition to their new school. The strengthening of such programmes is being prioritised under DEIS.

Graduates from Ordinary classes in National schools

2007

2006

2005

Number of pupils who went to a publicly aided Second Level School in the State

Final data not yet available

51,250

51,943

Source: Census of Primary Schools, Statistics Section.

Notes

1 The year refers to the full year immediately preceding the primary census date. For example "2006" refers to the period 1st October 2005 to 29th September 2006.

2 Pupils leaving Special Education (Special Classes or Special Schools) are not included in the above figures.

Numbers entering first year of Second-Level

2007

2006

2005

Number of pupils who entered first year of Junior Cycle in a Second-Level School

Final data not yet available

55,173

55,477

Source: Census of Post-Primary Schools, Post-Primary Pupil Database.

Note: The numbers entering first year of Junior Cycle include numbers of pupils coming from abroad, transferring from other second-level schools and those coming from other sources.

School Vending Machines.

Enda Kenny

Question:

402 Deputy Enda Kenny asked the Minister for Education and Science her Department’s policy regarding vending machines in schools; the public private partnership arrangement presently or recently in place which resulted in the installation of vending machines in schools; and if she will make a statement on the matter. [8770/08]

Schools are privately managed institutions which, although funded by the State, enjoy a large degree of autonomy. It is, therefore, primarily a matter for each school to devise guidelines around the types of food that is available on the school premises and such policies should be driven by the needs and welfare of the pupils. I know that many schools have developed healthy eating policies in co-operation with their parents' associations and I would encourage others to do so also.

In relation schools/colleges provided under the Public Private Partnership (PPP) model my Department has to date entered into three separate contracts. The three contracts cover the 5 Pilot PPP Schools, the National Maritime College and the Cork School of Music.

In the contracts agreed for the 5 Pilot Schools while the Operator is responsible for the vending machines the location, content and availability of vending machines were agreed through discussion between the Operator and the School Authorities concerned. The contract stipulate that, if catering and/or vending is provided, the PPP Operator must pay a guaranteed income to the authority regardless of the level of net income received from these services.

The Minister and or the Management Authority of the school can also request the PPP Operator to withdraw products from sale. Where products are withdrawn the contract provides for the level of guaranteed income to be revised. The contract does not, however, require that a level of compensation be paid to the PPP Operator. In the Cork School of Music and in Bundles 1 and 2 the presence of the vending machines and their content is entirely a matter for the school authority.

Special Educational Needs.

Richard Bruton

Question:

403 Deputy Richard Bruton asked the Minister for Education and Science if minimum qualification standards have been set for the filling of posts on special needs teams in schools, both in a permanent capacity and in substitute capacity; if she has satisfied herself that persons helping children with special needs have all the necessary skills; and her provision for the development of requisite skills and qualifications. [8779/08]

As the Deputy will be aware, there have been significant developments in special education since 1998 involving enhanced levels of provision as well as new structural and legislative frameworks for the delivery of services to pupils with Special Educational Needs. The requisite qualifications for filling Learning Support/Resource Teaching posts and Resource Teaching posts are outlined in section 6 of my Department's circular Sp Ed 02/05, a copy of which has issued to all schools.

With regard to the development of teacher skills, the Teacher Education Section of my Department established the Special Education Support Service (SESS) in September 2003. The service consolidates, co-ordinates, develops and delivers a range of professional development initiatives and support structures for school personnel working with students with special educational needs in a variety of educational settings. These settings include mainstream primary and post-primary schools, special schools and special classes. The SESS provides comprehensive in-service training and support in the following areas:

In-School Support

Individual Professional Development (Face-to-face and through online media)

Group Professional Development Initiatives

Telephone Helpline and E-mail Support

In addition, Teacher Education Section (TES) funds accreditated courses for teachers to develop their knowledge and skills with regard to Special Educational Needs and learning support. These courses include:

Combined Post-Graduate Diploma Programme of Continuous Professional Development for Teachers involved in Learning Support and Special Education, which is available through seven institutions throughout the country and Masters qualification in Special Educational Needs (St. Patrick's College, Drumcondra)

Graduate Certificate in the education of pupils with ASD (St. Patrick's College, Drumcondra) Certificate/Diploma in Education (Special/Inclusive Education) which is delivered online on a collaborative basis by the Institute of Child Education and Psychology and St Patrick's College Drumcondra.

In relation to Special Needs Assistants (SNAs), I wish to advise the Deputy that the TES also funds SNA Certificate courses in Mary Immaculate College, St Angela's College and Church of Ireland College of Education. The TES also fund introductory courses for SNAs in Education Centres throughout the country.

In 2007, over 17,000 training places were provided by the SESS for teachers wishing to avail of continuing professional development in Special Educational Needs and 430 places were provided on accredited courses for teachers of children with Special Educational Needs. In addition, the Teaching Council was established on a statutory basis in March 2006 to promote teaching as a profession at primary and post-primary levels, to promote the professional development of teachers and to regulate standards in the profession.

As the Deputy can see, significant investment has been made in the area of teacher training and upskilling in recent years and I am confident that those helping children with special educational needs have the opportunity to develop their skills in this area where necessary.

Schools Building Projects.

Joe Carey

Question:

404 Deputy Joe Carey asked the Minister for Education and Science the plans she has in place to progress the application of a school (details supplied) in County Clare to the tender stage of the construction process; and if she will make a statement on the matter. [8795/08]

The project to which the Deputy refers is currently at an advanced stage of architectural planning. The progression of all large scale building projects, including the project referred to by the Deputy, 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.

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.

School Opening Hours.

Brian Hayes

Question:

405 Deputy Brian Hayes asked the Minister for Education and Science if her Department have plans to change the start of school days on a staggered basis in order that children will not be congregating outside schools all at the same time which may not be safe; and if she will make a statement on the matter. [8813/08]

Starting time for schools is a matter for individual boards of management to determine in accordance with the requirements set out in Circular 11/95 on "Time in School". This circular is available on my Department's website at www.education.ie.

Sections 14, 15 and 23 of the Education Act,1998 assigns each Board of Management and Principal Teacher responsibility for the day-to-day management of schools. Principals should organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal.

Rules 121(4) and 124(1) of the Rules for National Schools and Section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities. Accordingly, the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the pupils in the school in which they teach, including periods of supervision remains.

While my Department does not issue specific guidelines on requirements for supervision of different age pupils, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of the pupil. This duty, in the case of very young pupils, might include an obligation to ensure that such pupils do not leave the classroom without appropriate supervision.

Schools Building Projects.

Mary Upton

Question:

406 Deputy Mary Upton asked the Minister for Education and Science the position regarding an application for funding for a building project at a school (details supplied) in Dublin 8; and if she will make a statement on the matter. [8824/08]

The architectural planning of the school building project referred to by the Deputy is at an advanced stage. The progression of all projects to tender and construction, including this project, will be considered on an ongoing basis in the context of my Department's Multi Annual School Building and Modernisation Programme.

Special Educational Needs.

David Stanton

Question:

407 Deputy David Stanton asked the Minister for Education and Science further to her comments in Dáil Éireann on 13 February 2008 regarding her Department’s policy on the conversion of existing pilot ABA schools into special schools, the details of what this change in status from pilot scheme to special school entails; if a school (details supplied) in County Cork has applied for this conversion; if it has been converted to a special school; if not the progress in relation to this change in status; and if she will make a statement on the matter. [8847/08]

David Stanton

Question:

408 Deputy David Stanton asked the Minister for Education and Science further to her Department’s policy on the conversion of existing pilot ABA schools into special schools, the details of what this change in status from pilot scheme to special school entails; and if she will make a statement on the matter. [8848/08]

I propose to take Questions Nos. 407 and 408 together.

The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot programme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism. The issue is being actively progressed and my Department officials have met with the IAA on several occasions to advance this matter.

The centre in question has formally applied for special school status and officials in my Department are progressing this directly with them. Special school status means that the centre in question will operate as a recognised school with all the associated terms and benefits of being a school — including school structure, staffing and management and access to current and capital funding on an on-going basis.

School Accommodation.

Brian Hayes

Question:

409 Deputy Brian Hayes asked the Minister for Education and Science the reason her Department has not paid in full companies who provide prefab classrooms to various schools across the country; if she will outline the difficulties regarding the lengthy period of time that companies have to wait before being paid and the embarrassment that this causes schools who require this form of emergency accommodation; the amount owed to each of the companies who provide this service to her Department; the average waiting time in each case; and if she will make a statement on the matter. [8859/08]

It is the policy of my Department to ensure that payments due to companies in respect of services, including those referred to by the Deputy, are made as expeditiously as possible. The Deputy will appreciate however that queries may arise in specific cases that need to be resolved before payments can issue. However the Deputy can be assured that my Department will continue to issue payments due at the earliest possible date. As the relevant staff is focused on making payments which are due, it is not my intention to delay these payments by diverting resources to collate the specific data sought by the Deputy.

Schools Building Projects.

John Curran

Question:

410 Deputy John Curran asked the Minister for Education and Science the position regarding a proposed building project at a school (details supplied) in Dublin 20. [8879/08]

The development of the proposed building project for the school referred to by the Deputy is at an advanced stage. The progression of all large scale building projects from initial design stage through to construction phase, including the project in question, will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

John Curran

Question:

411 Deputy John Curran asked the Minister for Education and Science the position regarding a proposed building project at schools (details supplied) in County Dublin. [8880/08]

A Building Project for the schools, to which the Deputy refers, has been assigned a Band1 rating under the published prioritisation criteria for large scale building projects. It is envisaged that the project will provide for accommodation to cater for 2 no. 20 classrooms schools and associated ancillary works on the existing school site.

The process to appoint a Design Team for the proposed building project has commenced and is currently at the Pre Qualifications Stages. The process to appoint the Project Supervisor at Design Stage (PSDS) is also under way. When the Design Team and the PSDS are appointed, the progression of the project through the various stages of architectural planning will be progressed in the context of my Department's multi annual School Building and Modernisation Programme.

School Curriculum.

Brian Hayes

Question:

412 Deputy Brian Hayes asked the Minister for Education and Science if, in view of her commitment given in Dáil Éireann on 13 of November 2007 to place the primary curriculum on a statutory basis, this has happened; and if she will make a statement on the matter. [8886/08]

A draft Statutory Instrument and Regulatory Impact Screening document is currently being finalised and will issue shortly for consultation. This will provide for a statutory underpinning for the primary school curriculum.

Schools Refurbishment.

Brian Hayes

Question:

413 Deputy Brian Hayes asked the Minister for Education and Science further to her comments in Dáil Éireann on 20 February 2008, regarding the devolved grant, when she will make a definitive statement on the status of the devolved grant for 2008; if she anticipates that schools will be invited to make applications for this grant from her Department during the course of 2008; and if she will make a statement on the matter. [8887/08]

I assume the Deputy is referring to the Small Schools Scheme — also known as the devolved scheme — under which schools have been offered funding to build a small number of extra permanent classrooms. As the Deputy will be aware, this Government has prioritised improvements in school buildings with unprecedented levels of investment and improved delivery mechanisms. The Small Schools Scheme did not exist at all until we introduced it in 2003. Between 2003 and 2007, nearly 400 schools were approved for funding under this scheme. As I have made clear in my speech on Budget 2008 and on many occasions since, with so many small projects completed in recent years, the focus of the school building programme this year will be primarily — but not exclusively — on larger projects. In that context, the Small Schools Scheme will not be on the same scale this year as in 2007. Decisions regarding the allocation of funding in respect of the scheme in 2008 will be taken in due course. The approximately €600 million being provided for the school building programme this year represents a 9% increase on the school's capital allocation in Budget 2007.

Early Childhood Education.

Olivia Mitchell

Question:

414 Deputy Olivia Mitchell asked the Minister for Education and Science her plans to introduce State funded nationwide pre-schooling for all children; and if she will make a statement on the matter. [8893/08]

As the Deputy may be aware, the vast majority of support for childcare, including pre-school education, is not provided by my Department, but is now provided by the Office of the Minister for Children under the National Childcare Investment Programme 2006-2010 which is the successor programme to the Equal Opportunities Childcare Programme.

Investment of €575 million under the NCIP aims to create an additional 50,000 places. 10,000 of these places will be for pre-school children.

My Department's main interventions in Early Years have been targeted towards children who experience disadvantage or who have special needs. This will continue to be a priority for my Department.

Schools Building Projects.

Denis Naughten

Question:

415 Deputy Denis Naughten asked the Minister for Education and Science the extent to which the school building programme has been progressed in the past 12 months with particular reference to the need to deal with currently inappropriate accommodation in both primary and secondary level here; and if she will make a statement on the matter. [8895/08]

During the period of the last National Development Plan 2000-2006 my Department accelerated the school building programme with record levels of investment and the streamlining of delivery systems. An aggregate total of well over €2.6 billion was invested in upgrading existing school infrastructure and providing new school accommodation at both first and second-level. This programme delivered over 7,800 building projects in addition to investment in site purchases; the annual minor works grant to all primary schools, science and technology initiatives, contingency works and grants for the purchase of furniture and equipment including improving equipment needed for new technologies and ICT.

Innovations in the delivery of school buildings such as Generic Repeat Designs and the use of the Design and Build model ensure that new school buildings are delivered in the fastest time-frame possible. My Department also adopted a policy of devolving much greater authority to local school management boards to manage and deliver smaller building projects, thereby freeing my Department to concentrate on the larger scale projects.

The budget for 2007 was the first year of the rollout of the new NDP 2007-2013 which will involve an investment of over €4.5 billion in school building infrastructure over the coming years to ensure that school places are available where needed. This investment will be the largest in the history of the State and will enable my Department to continue to take a proactive approach to the provision of modern school accommodation particularly in developing areas and the upgrade of existing accommodation. Construction in 2007 alone involved over 1500 building projects which will deliver over 700 classrooms to provide permanent accommodation for over 17,500 pupils.

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.

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.

Special Educational Needs.

Denis Naughten

Question:

416 Deputy Denis Naughten asked the Minister for Education and Science the number of children with autism attending schools with ABA teaching practices; the number of children with autism attending non-ABA mainstream schools; the extent to which such facilities are required here at present; the timetable for the provision of such facilities; the steps she is taking to meet the educational requirements of autistic children; the timetable for having all such requirements in place; and if she will make a statement on the matter. [8896/08]

The Deputy will be aware of my commitment to ensuring that all children including those with autism can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, including ABA, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met.

In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis. In addition, there are in the region of 2,100 children with autism who are receiving additional teaching and/or special needs assistant support in mainstream schools.

My Department is currently funding a number of ABA pilot schemes which was established in the absence of this network of special classes in our schools. These centres currently cater for approximately 240 children.

Psychological Service.

Denis Naughten

Question:

417 Deputy Denis Naughten asked the Minister for Education and Science the number of children awaiting an educational psychological assessment at both primary and second level here; the average waiting time for assessment at both primary and second level; the number of assessments carried out annually at primary and second level; and if she will make a statement on the matter. [8897/08]

As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

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

I can inform the Deputy that during 2006/07 my Department, through NEPS, funded some 4,416 psychological assessments under the SCPA, 3,645 of which related to pupils in primary schools and 771 in post-primary. In this period NEPS psychologists undertook casework in respect of some 8,183 named pupils, including cases under the Reasonable Accommodation for Certificate Examinations (RACE) scheme on behalf of the State Examinations Commission. Of this total 4,301 cases related to primary pupils and 3,882 to post-primary pupils. In addition it is estimated that NEPS psychologists gave consultations, advice and assistance to teachers and school authorities in respect of an additional 5,000 un-named pupils, although this figure is not disaggregated by level of school.

Since May 2007 the number of psychologists employed within the NEPS service has increased from 128 to 138 and during 2008 this complement will increase to 169. In this regard, following a national recruitment process put in place in late 2007 by the Public Appointments Service, interviews in this regard have recently been completed and regional panels are currently being formed from which recruits will be drawn for appointment to priority regions. As I have previously stated, and in line with Government commitments under the T2016 Agreement, it is further my intention to increase NEPS psychologist personnel to 200 during 2009.

Schools Building Projects.

Joe Costello

Question:

418 Deputy Joe Costello asked the Minister for Education and Science the progress made in the provision of a new school building for a school (details supplied) in Dublin 7; and if she will make a statement on the matter. [8925/08]

Officials in my Department have been pursuing the question of sourcing a site to accommodate the school to which the Deputy refers.

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.

Teaching Qualifications.

Seán Barrett

Question:

419 Deputy Seán Barrett asked the Minister for Education and Science the number of speech and language therapy graduates who qualified from the various colleges in each of the years 2004, 2005, 2006 and 2007; and if she will make a statement on the matter. [8931/08]

In 2002 my Department approved the provision of an additional 75 places on new courses in Speech and Language Therapy in University College Cork, National University of Ireland, Galway and University Limerick in addition to 25 places on an existing course in Trinity College Dublin. As a result there has been a significant increase in the numbers of Speech and Language Therapists graduating from universities in recent years. Some 92 Therapists graduated 2007 compared to 21 in 2004.

It is understood from the Higher Education Authority that 109 places are currently offered annually on Speech and Language Therapy courses compared to 25 places in 2002.

The following table details the number of graduates from 2002/03 to 2006/07. Future graduate output is expected to be in line with these numbers.

Data on graduations

Speech & Language Therapy

2002/03

2003/04

2004/05

2005/06

2006/2007

Graduations

23

21

50

52

92

Special Educational Needs.

Olwyn Enright

Question:

420 Deputy Olwyn Enright asked the Minister for Education and Science the capital funding support being made available to the 12 existing ABA centres to allow them to develop purpose built premises and additional facilities; and if she will make a statement on the matter. [8937/08]

Olwyn Enright

Question:

421 Deputy Olwyn Enright asked the Minister for Education and Science the capital funding support being made available to an ABA centre (details supplied) in County Galway to allow them to develop purpose built premises and additional facilities; and if she will make a statement on the matter. [8938/08]

Olwyn Enright

Question:

422 Deputy Olwyn Enright asked the Minister for Education and Science if pupils attending the existing 12 ABA centres, who require the ABA educational approach, can avail of the full ABA programme up to 18 years; and if she will make a statement on the matter. [8939/08]

Olwyn Enright

Question:

423 Deputy Olwyn Enright asked the Minister for Education and Science if pupils attending an existing ABA centre (details supplied) in County Galway, who require the ABA educational approach, can avail of the full ABA programme up to 18 years; and if she will make a statement on the matter. [8940/08]

Olwyn Enright

Question:

424 Deputy Olwyn Enright asked the Minister for Education and Science the measures being put in place for the 12 ABA centres to accept additional pupils in 2008 and to expand to meet the needs of the children who have already applied for a placement for same; and if she will make a statement on the matter. [8941/08]

Olwyn Enright

Question:

425 Deputy Olwyn Enright asked the Minister for Education and Science the measures being put in place for an ABA centre (details supplied) in County Galway to accept additional pupils in 2008 and to expand to meet the needs of the children who have already applied for a placement for same; and if she will make a statement on the matter. [8942/08]

I propose to take Questions Nos. 420 to 425, inclusive, together.

The Deputy will be aware of my commitment to ensuring that all children including those with autism can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who have received additional training in autism, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of methods so their broader needs can be met.

In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis.

The Deputy will be aware that the pilot programme to which she refers was established in the absence of this network of special classes that is now in our schools and will not be expanded. We are determined instead to ensure that each child has access to the autism-specific education that is now being made available in schools throughout the country.

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

I am pleased to advise that the issue is being actively progressed and my Department officials have met with the IAA on several occasions to progress this matter. Capital funding for centres will also be included in the discussions. While these discussions are ongoing, my Department will not fund any expansion in the number of children attending the centres. Special schools cater for children up until they are 18 years of age.

Foghlaim na Gaeilge.

Aengus Ó Snodaigh

Question:

426 D’fhiafraigh Deputy Aengus Ó Snodaigh den Aire Oideachais agus Eolaíochta cad iad na céimeanna atá á nglacadh aici chun a chinntiú go bhfuil áiseanna cuí ann timpeall na tíre chun gur féidir le gach duine sa tír idir óg agus aosta, idir Éireannaigh agus nua-Éireannaigh, an Ghaeilge a fhoghlaim agus an aontaíonn sí leis an Roinn Gnóthaí Pobail, Tuaithe agus Gaeltachta gur ceart bunúsach é an Ghaeilge a fhoghlaim. [8948/08]

Forálann Alt 8 den Bhunreacht gurb í an Ghaeilge an teanga náisiúnta agus príomhtheanga an Stáit. Sa chomhthéacs seo, déantar gach dícheall chun a chinntiú go gcuirtear deiseanna ar fáil trí réimse áisíneachtaí chun cur i gcumas daoine óga agus aosach an teanga a fhoghlaim. Insna scoileanna, tá an Ghaeilge ina hábhar riachtanach do chríochnú na timthriallach shinsearaí ag gach uile macléinn cé is moite dóibh siúd ar deonaíodh díolúine dóibh. Cuireadh curaclam nua bunscoile sa Ghaeilge i bhfeidhm i 2003, a bhí bunaithe ar chur chuige cumarsáideach a chuireann béim faoi leith ar scileanna éisteachta agus labhartha a fhorbairt, agus tá forbairt phroifisiúnta do mhúinteoirí curtha ar fáil ag seirbhís tacaíochta lánaimseartha. Ag leibhéal na hiarbhunscoile, tá méadú go dtí 40% fógartha agam i gcéatadán na marcanna atá ar fáil do na béalscrúduithe, a mbeidh feidhm aige i leith gach iontrálaí nua ar an dara leibhéal ó Mheán Fómhair 2007 amach. Tá sé seo ceaptha chun athrú suntasach béime a chur chun cinn i dtreo na Gaeilge mar theanga labhartha, inar féidir le micléinn comhchaidreamh agus idirghníomhú a bheith acu lena chéile go nádúrtha, agus ina labhraítear an Ghaeilge gach lá insna scoileanna.

Tá dul chun cinn nach beag déanta ag mo Roinnse chomh maith i soláthar téacsleabhar agus acmhainní chun tacú leis an nGaeilge insna scoileanna, go háirithe ó cuireadh Scéim na nDearthóirí ar bun i 2001, agus ó cuireadh An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta ar bun i 2002. Cuireadh An Chomhairle ar bun chun soláthar téacsleabhar agus áiseanna chun tacú leis an nGaeilge a chomheagrú, chun comhairle a thabhairt maidir le beartais a bhaineann leis an nGaeilge i scoileanna i gcoitinne agus i nGaelscoileanna agus scoileanna Gaeltachta, chun seirbhísí taca a chur ar fáil trí mheán na Gaeilge, agus chun taighde a sheoladh sa réimse seo. Oibríonn An Chomhairle go dlúth leis An nGúm, le Scéim na nDearthóirí agus le háisíneachtaí eile chun tabhairt faoin easpa acmhainní agus ábhar trí mheán na Gaeilge. Tá eolaire fairsing acmhainní foilsithe aici ar a suíomh gréasáin, agus 113 leathanach ann, d'ábhair agus acmhainní atá ar fáil anois chun tacú le múineadh na Gaeilge sa churaclam, agus le múineadh ábhar eile trí Ghaeilge, insna mbunscoileanna agus na hiarbhunscoileanna araon.

Maidir leis an dtríú leibhéal, cuireann Acadamh na hOllscolaíochta Gaeilge, Ollscoil Náisiúnta na hÉireann, An Ghaillimh, réimse clár trí Ghaeilge ar fáil ar an gcampas agus i lárionaid eile, agus tá trí lárionad aige sa Ghaeltacht i gCarna, sa Cheathrú Rua agus i nGaoth Dobhair. Tairgeann an coláiste cláir céime nó dioplóma i: Cumarsáid, Aistriúcháin, na hEalaíona, Oideachas, Gnó, Béaloideas, agus Teicneolaíocht Faisnéise. Bhunaigh Ollscoil Cathrach Átha Cliath Fiontar i 1993 chun cláir trí Ghaeilge a thairiscint, agus tairgeann sé dámhachtainí i nGnó agus Gaeilge, Gnó agus TFC, Cleachtadh Dátheangach, agus Gaeilge agus Iriseoireacht. Forlíontar an clár seo trí thionscnaimh ar scála níos lú i gcoláistí eile.

Mar fhocal scoir, cuireann mo Roinnse, maraon leis an Roinn Gnóthaí Pobail, Tuaithe agus Gaeltachta, scéimeanna deontais ar fáil chun tacú le soláthar cúrsaí samhraidh sa Ghaeltacht do dhaoine óga chun cur ar a gcumas iad féin a thumadh sa Ghaeilge agus sa chultúr Gaelach. Baineann suas le 25,000 macléinn gach bliain feidhm as an gclár seo a thairgeann na Coláistí Samhraidh. Cuireann mo Roinn réimse deontas ar fáil do Choistí Gairmoideachais chun cur ar a gcumas oiliúint ghairmiúil a chur ar fáil d'aosaigh. Ina theannta sin, íoctar liúntais do na CGOanna agus do na scoileanna dara leibhéal chun cur ar a gcumas cúrsaí páirtaimseartha a chur ar fáil ar bhonn féin-mhaoinithe mar fhreagairt ar éileamh ón bpobal. Bunaíodh Breacadh i 2000 chun tacú leis na CGOanna agus iad ag iarraidh litearthacht aosach den scoth a chur ar fáil sa Gaeltacht trí mheán na Gaeilge. Tá sé freagrach ach go háirithe as forbairt ábhar agus cúrsaí oiliúna don Ghaeltacht. Is í an Roinn Oideachais agus Eolaíochta a mhaoiníonn Breacadh, agus oifigigh aosoideachais ó na CGOanna agus Comhlachtaí Páirtnéireachta sa Ghaeltacht a stiúrann é. Forlíontar é seo trí réimse leathan cúrsaí a chuireann comhlachtaí Gaeilge ar fáil.

Psychological Service.

Michael Ring

Question:

427 Deputy Michael Ring asked the Minister for Education and Science if a psychological assessment will be carried out on a child (details supplied) in County Mayo. [9010/08]

I can inform the Deputy that my Department is aware of the case of the pupil mentioned in his question and that an appointment has already been made between the local NEPS psychologist and school authorities in relation to the carrying out of an educational assessment in regard to this child.

Property Transfers.

Paul Nicholas Gogarty

Question:

428 Deputy Paul Gogarty asked the Minister for Education and Science the procedures that should be followed by a primary school (details supplied) wishing to buy out the lease for its site, in particular, when no copy of the original lease can be found; and if she will make a statement on the matter. [9095/08]

The lease for the school referred to by the Deputy is held in my Department.

The lease which is for 99 years will expire in the year 2011. The Deputy should note that the lease in this instance guarantees that the school property is retained for Educational use. If the school moves premises or the building is no longer required for educational use, arrangements can be made to surrender the lease however the Department may seek a full or partial refund of the capital investment which is subject to the lease.

State Examinations.

Caoimhghín Ó Caoláin

Question:

429 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if an appeals mechanism is available for a student who failed their leaving certificate maths exam in 2007 and wishes to re-apply as an external student to re-sit the exam but missed the deadline for same; the procedure to be followed in such cases; and if she will make a statement on the matter. [9097/08]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations and determining procedures in places where examinations are conducted.

In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Special Educational Needs.

Tom Hayes

Question:

430 Deputy Tom Hayes asked the Minister for Education and Science the steps she has taken to implement the recommendations in the 2006 mental health policy, A Vision For Change; if she will set out a plan of action in the areas identified in the policy document; and when same will be done. [9131/08]

The Deputy will be aware that the education of children with special educational needs is a key policy priority for the Government. Much has already been achieved in this area in terms of delivering additional teaching and care supports. There have been significant developments in special education since 1998 involving enhanced levels of provision as well as new structural and legislative frameworks for the delivery of services to pupils with special educational needs.

There are now over 8,800 teachers at primary and post-primary schools working directly with children with SEN, including those requiring learning support, compared with fewer than 1,700 in 1998. In addition, significant progress has been made in relation to increasing the number of special needs assistants (SNAs) in our schools who specifically cater for children with care needs. There are currently in excess of 9,800 SNAs in primary, post-primary and special schools supporting pupils with special care needs compared with approximately 300 in 1998.

Additional teaching supports are allocated as necessary by the National Council for Special Education (NCSE) in line with my Department's policy to support children with special educational needs. It must also be acknowledged that, during the necessary period of preparation and planning for the roll-out of the Education for Persons with Special Educational Needs (EPSEN) Act 2004, the Department continues to expand capacity and services for students with special educational needs.

As the Deputy will be aware, Primary and Second-Level schools have a responsibility to provide a broad, balanced and appropriate curriculum for all students. Social Personal and Health Education (SPHE) is now part of the curriculum for all pupils in primary schools. It provides specific opportunities to enable the child to understand himself or herself, to develop healthy relationships, and to establish and maintain healthy patterns of behaviour.

SPHE has been compulsory in the junior cycle of second-level schools since September 2003. It provides students with a unique opportunity to develop the skills and competence to learn about themselves and to care for themselves and others and to make informed decisions about their health, personal lives and social development.

Modules at junior cycle deal specifically with belonging and integrating, handling conflict constructively, bullying, dealing with peer pressure, coping with stress, emotional health and well-being, influences on decision-making, and relationships and sexuality education. In third year, an awareness of the range of agencies which can help students in difficulty is promoted, as well as the skills of knowing when and how to seek help. SPHE is designed for implementation in the context of a caring whole-school approach which is supported by the pastoral care structures in schools.

The implementation of the SPHE curriculum by schools is a very important strand of Government policy in addressing a range of social and health issues covered by a wide range of policies/strategies, including the National Drugs Strategy, the National Suicide Prevention Strategy and the report of the National Task Force on Obesity.

Work on the development of a curriculum for SPHE in Senior Cycle is now at an advanced stage and the Department looks forward to receiving the National Council for Curriculum and Assessment's (NCCA) recommendations in the matter. Schools also use Mental Health Matters, a resource pack on mental health for 14 to 18 year olds developed by Mental Health Ireland on an optional basis as a module in the Transition Year Programme, an element of the Leaving Certificate Applied Programme, a component of the SPHE programme or an element of other subjects such as Religion or Home Economics.

All post-primary schools receive ex-quota hours from my Department for the provision of a guidance and counselling service to students. The service is delivered in the majority of schools by guidance counsellors who are qualified to provide counselling support to students.

Schools can also use additional resources provided by my Department under various initiatives to buy in the services of a qualified counsellor/psychotherapist if they consider this necessary to meet students' needs. For example, schools participating in Delivering Equality of Opportunity in Schools (DEIS), the School Completion Programme and the Guidance Enhancement Initiative (GEI) can, and do, use some of the resources received under these initiatives to buy in counselling services.

My Department also provides funding to the Institute of Guidance Counsellors (IGC) for a programme of professional supervision for its members. In its first year, 75% of guidance counsellors participated in this programme which is operated through education centres on a national basis. Approximately 60 qualified counsellors provide support and advice on a range of counselling and mental health issues to the guidance counsellors who are participating in the programme. In addition, my Department provides funding to each of the sixteen branches of the Institute of Guidance Counsellors to support the provision of continuous professional development for the members of each branch.

Through the Education Equality Initiative the Department has funded Schizophrenia Ireland to design and develop training materials for educators and students who self-experience mental illness; to implement awareness training programmes for staff in further education colleges; to set up support structures for people with self experience who aspire to attend Further Education courses and to research good practice in Ireland and abroad. Third Level Learning support services provided to students with mental health difficulties include one-to-one specialist tuition and subject specific tuition. One-to-one specialist tuition provides students with organisation, communication and learning skills to cope with the demands of social, personal and academic integration into Higher Education. Additional subject specific tuition may be provided to compensate for lectures missed due to absences, hospital appointments, effects of medication etc.

I assure the Deputy that further improvements in supports for young people are a priority and that recommendations in ‘A Vision for Change' are being considered in that context.

Schools Refurbishment.

Leo Varadkar

Question:

431 Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the proposed new building for a school (details supplied) in Dublin 15; and if she will make a statement on the matter. [9132/08]

Leo Varadkar

Question:

432 Deputy Leo Varadkar asked the Minister for Education and Science if she will correct the Dáil Éireann record relating to the information given with regard to a school (details supplied) during the Adjournment debate of 14 February 2008, when it was claimed that the extension to cater for the expansion of the school had been progressed to architectural planning. [9136/08]

I propose to take Questions Nos. 431 and 432 together.

In 2006, the school to which the Deputy refers, agreed to an annual fourth stream intake to cater for additional pupil places in the area. An application for major capital works is being progressed to extend the school to cater for this development.

Appointment of a design team is the first step in the architectural planning of a major capital school building project, accordingly, I correctly stated on the 14th of February last that the proposed project is in the early stages of architectural planning.

The process to appoint a Design Team for the proposed building project commenced in October 2007 and the Pre Qualification Stage is complete. Issue of Award Stage documentation will take place in the near future. The process to appoint the Project Supervisor at Design Process (PSDP) is completed.

When the Design Team is appointed, the progression of the project through the various stages of architectural planning will be progressed in the context of my Department's multi annual School Building and Modernisation Programme.

Schools Building Projects.

John O'Mahony

Question:

433 Deputy John O’Mahony asked the Minister for Education and Science the situation in respect of the application for six general classrooms and specialist rooms which are urgently required for a post primary school (details supplied) in County Mayo; and if she will make a statement on the matter. [9148/08]

An application for capital funding towards the provision of additional accommodation has been received from the school authority. All applications for large-scale capital funding, including the application in question, are assessed against published prioritisation criteria and assigned a band rating. Progress on all projects will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Andrew Doyle

Question:

434 Deputy Andrew Doyle asked the Minister for Education and Science the approximate starting date of the development project of a school in view of previous commitment to the band one status of the school (details supplied) in December 2008. [9161/08]

An application for funding to provide an extension has been received from the school authority. The long-term needs of the school have been assessed within the Department and agreed with the school authority. It is proposed to extend the school to a 16 mainstream classroom school.

The project was assessed in accordance with the published prioritisation criteria for large-scale building projects and was been assigned a Band 1 rating. Progression of the project will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Grant Payments.

Brian Hayes

Question:

435 Deputy Brian Hayes asked the Minister for Education and Science if she will confirm that the €40,000 grant given to a centre (details supplied) in Dublin 24 in 2007 for the purposes of enhancing community education projects within this centre, has never been audited or reviewed; her plans, in view of a clear commitment by her at the time that such a review would take place, to put in place funding for 2008 for this project, and specifically for the ongoing training and educational opportunities that this project provides for children and young adults who have fallen through the formal education system; and if she will make a statement on the matter. [9162/08]

The project to which the Deputy refers received funding as an exceptional matter and on a once-off basis in 2007 under the Fund for the Development of Targeted Educational Responses to Certain Children at Risk.

In assessing applications for funding, my Department gives consideration to interventions already in place and supported by my Department in the areas concerned so as to avoid duplication of effort and resource. My Department currently supports 30 schools (6 post primary and 24 primary schools) in 6 School Completion Projects under DEIS, the Action Plan for Social Inclusion in this area. The 6 School Completion Projects receive over €1.5 million in total annually. In addition, a variety of other interventions in place these schools under DEIS such as reduced class sizes, appointment of administrative principals on lower enrolments, Home School Community Liaison, a range of literacy/numeracy initiatives, Free Book Grant Scheme, Meal provision and additional financial resources. Therefore, it would be inappropriate to support a separate initiative in an area which provides a similar service to the same target group.

As a condition of funding provided in 2007, the project has agreed to collaborate with the School Completion Programme in the area with a view to integrating their model in order to avoid duplication and to provide better coordination of services. An evaluation will be undertaken this year, with a view to determining how best to achieve this.

Higher Education Grants.

Pádraic McCormack

Question:

436 Deputy Pádraic McCormack asked the Minister for Education and Science the policy of education bodies as regards funding for students and the payment of fees whereby students undertaking a postgraduate who may have been awarded a postgraduate fellowship and receiving the maintenance grant but where the equivalent of the maintenance grant is also deducted from the students annual earnings; and if she will make a statement on the matter. [9165/08]

Under my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible Students who are attending approved full-time undergraduate courses in the State. The Free Fees Initiative does not extend to postgraduate study in Ireland, however if a candidate qualifies for the means-tested maintenance grant he/she may have their fees paid up to the maximum fee limit. The maximum fee limit in respect of the 2007/2008 academic year is €6,110.

The assessment of means under my Department's Third Level Student Maintenance Grant Schemes is based on gross income from all sources, with specified social welfare and health service executive payments being excluded from the calculation.

Under the schemes reckonable income includes income from: Employment/Pensions; Self Employment/Farming; Rent and income from Land/Property; Deposit/Investment Accounts; Maintenance Arrangements; Gifts/Inheritances and Disposal of Assets and Rights; Social Welfare /Health Service Executive payments in certain circumstances.

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

School Enrolment.

Chris Andrews

Question:

437 Deputy Chris Andrews asked the Minister for Education and Science the number of students enrolled in each national and private junior school in Dublin south east as of 30 September 2007. [9177/08]

Data on enrolment classified by constituency are not readily available, and this data would take an inordinate amount of administrative time to compile.

Overall enrolments figures for each school for the 2006\2007 academic year are available on my Department's website at www.education.ie.

The Deputy should note that private schools are not required to report details on enrolment to my Department.

Chris Andrews

Question:

438 Deputy Chris Andrews asked the Minister for Education and Science the number of students enrolled in junior infants in the 30 national schools and six private schools in Dublin south east as of 30 September 2007. [9178/08]

Data on enrolment classified by standard and constituency are not readily available, and these data would take an inordinate amount of administrative time to compile.

The Deputy should note that private schools are not required to report details on enrolment to my Department.

Schools Building Projects.

Finian McGrath

Question:

439 Deputy Finian McGrath asked the Minister for Education and Science the situation with regard to funding for a school (details supplied) in County Sligo. [9193/08]

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

Education Welfare Service.

Chris Andrews

Question:

440 Deputy Chris Andrews asked the Minister for Education and Science the number of private schools the National Educational Welfare Board assessed in 2005, 2006 and 2007; and the number of private schools that contacted the NEWB in 2005, 2006 and 2007 in Dublin south east. [9196/08]

Article 42.2 of the Constitution confers a constitutional right on parents to provide for the religious, moral, intellectual, social and physical education of children in their own homes or in private schools or in schools established or recognised by the State.

The Education (Welfare) Act 2000 provides a major reformulation of the law in regard to all matters connected with school attendance and children's welfare in education. It provided for the establishment of a National Educational Welfare Board, a core function of which is to ensure that each child ‘‘attends a recognised school or otherwise receives a certain minimum education". Under section 14 of the Education (Welfare) Act, the NEWB is required to maintain a register of children receiving education in places other than a recognised school and this would extend to situations where parents are educating their children at home.

A key aspect of the Education (Welfare) Act is that children receiving education in places other than recognised schools must be registered with the National Educational Welfare Board. Parents who choose to have their child educated in a place other than a recognised school must register with the Board, and the Board in turn must be satisfied that the child is receiving ‘‘a certain minimum education.''

A Working Group of the Inspectorate of my Department has drawn up Guidelines for the Assessment of Education in Places Other Than Recognised Schools.

A certain minimum education should: be suited to the age, ability, aptitude and personality of the child; be responsive to the child's individual needs, should take cognisance of the areas of learning that are of interest to the child, and should ensure that his/her personal potential is enhanced and not suppressed; address the immediate and prospective needs of the child, in the context of the cultural, economic and social environment; provide a reasonably balanced range of learning experiences, so that no one aspect of the child's learning is emphasised to the exclusion of others; develop the personal and social skills of the child and prepare him/her for the responsibilities of citizenship; contribute to the moral development of the child; ensure the development of basic skills (as outlined below) so as to prepare the child to participate in society and everyday life; provide opportunities for the child to develop his/her intellectual capacities and understanding.

A parent must apply to the NEWB to have his or her child registered and the application must be made in writing and set out the place where the child is receiving the education and must comply with requirements that may be set out in any Regulations made by the Minister for Education and Science or that may be developed by the NEWB with the Minister's approval at any time.

The act provides that, initially, the National Educational Welfare Board will carry out, in consultation with the parent who made the application, an assessment of: (a) the education that is being provided, or that it is proposed will be provided, to the child; (b) the materials used, or that it is proposed will be used, in the provision of such education; and (c) the time spent, or that is proposed will be spent, in the provision of such education.

The purpose of this assessment is to determine whether the child is receiving, or will receive, a certain minimum education.

Our Constitution recognises the family as the primary educator of the child and defines duties and responsibilities for parents and the State in the education of children. Drawing on these provisions, on legislation, and on case law, the Guidelines for the Assessment of Education in Places Other Than Recognised Schools provide a working definition of ‘‘a certain minimum education'' and guidance on how this may be assessed, given best educational practice and the nature of educational provision in the home and other settings.

In relation to the specific question raised concerning the number of private schools that were assessed or who contacted the NEWB in 2005, 2006 and 2007 in Dublin south east. I am informed by the NEWB that the data available are in respect of Dublin South and cover the years from 2004 to 2008, inclusive. The total requests for assessments amounted to 21 i.e. 3, 16, 1 and 1 respectively for 2004, 2005, 2006 and 2007. The total number of private schools that contacted the Board for this region during the same timeframe was 26 i.e. 22, 1, 0 and 3 for each year respectively. The variance can be explained in that completed applications are awaited for three of these contacts and the remaining two are awaiting assessment at this time.

Higher Education Grants.

James Bannon

Question:

441 Deputy James Bannon asked the Minister for Education and Science the reason a person (details supplied) in County Longford should be discriminated against in relation to a third level grant, which they have been refused, despite the fact that others on their course in similar circumstance are being grant aided; and if she will make a statement on the matter. [9200/08]

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

Special Educational Needs.

Aengus Ó Snodaigh

Question:

442 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the reason a person (details supplied) in Dublin 8 who has a speech and learning disability cannot get a place in a school until August 2008 despite being promised they would start in January 2008. [9202/08]

Aengus Ó Snodaigh

Question:

443 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the options a person (details supplied) in Dublin 8 has in relation to their education since they cannot talk and have not been to school since September 2007; and if she will make a statement on the matter. [9203/08]

I propose to take Questions Nos. 442 and 443 together.

The Deputy may be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special educational needs. The SENO is also a focal point of contact for parents and schools and their role includes identifying appropriate school placements.

Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie or by telephone at 046 9486400. I wish to advise the Deputy that the matter of the enrolment of a pupil in a school is a matter for the Board of Management of the school. My Department has no role in relation to processing applications for enrolment by schools. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Where an appeal under Section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

Computerisation Programme.

Aengus Ó Snodaigh

Question:

444 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the grants that have been given to schools in the Dublin 8, 10 and 12 areas to help them purchase computers in the past five years; and if she will make a statement on the matter. [9204/08]

While the specific information sought by the Deputy is not readily available, the two recent investment priorities under the ICT in Schools Programme have been the provision of networking grants to schools and the Schools Broadband Access Programme.

Schools were invited to submit proposals for the development of their networking capability in June 2004 and grants in excess of €23m have since issued to schools.

The roll-out of broadband connectivity to all recognised schools is being undertaken in partnership with industry, in the context of the joint Government /IBEC — TIF (Telecommunications and Internet Federation) three year Agreement to fund local connectivity at school level. The broadband connectivity is being provided via a Schools National Broadband Network supported by HEAnet, in order to provide managed Internet access, email, security controls and content filtering. A broadband support service is being managed by the National Centre for Technology in Education (NCTE) to assist schools with advice and information relating to the roll-out and ongoing use of their broadband connectivity within the schools network. The overall costs of the Schools Broadband Access Programme, including the initial set-up and ongoing costs over the three years, are in the region of €30m.

Grants have also been provided to some 500 post-primary schools to enable them to upgrade their facilities to enable them to provide the new Technology syllabus and the revised Design and Communication Graphics syllabus at Leaving Certificate level, with effect from September 2007.

Disadvantaged schools are benefiting from the ICT Grant scheme for DEIS Schools from the Dormant Accounts (Educational Disadvantage) Fund.

ICT funding has also been provided under the school building programme in connection with designated school building projects and primary schools can purchase ICT equipment from the monies received under the Minor Works Grant Scheme.

While the ICT facilities in our schools have improved considerably, I am conscious of the need for further investment to ensure that we are realising the full potential of ICT to improve the learning experience of our students. The Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy, which will be underpinned by the investment of €252m as provided for in the National Development Plan 2007-2013. I appointed a Strategy Planning Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I have received the report of the Strategy Planning Group and I will shortly be publishing the report, together with my implementation plan.

Schools Building Projects.

Aengus Ó Snodaigh

Question:

445 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if consideration has been given to funding the building of a sports hall for schools (detail supplied) in Dublin 12; and if she will make a statement on the matter. [9205/08]

The Department is in receipt of an application for major capital funding for general classroom accommodation and a PE hall, from the school referred to by the Deputy. The application has been assessed in accordance with the published prioritisation criteria for large-scale building projects. Progress on the project will be considered in the context of my Department's multi-annual School Building and Modernisation programme.

Christy O'Sullivan

Question:

446 Deputy Christy O’Sullivan asked the Minister for Education and Science if her Department is still actively seeking a site for a new community school in Skibbereen. [9220/08]

Because of the difficulty in sourcing a green field site the Department decided to investigate the possibility of utilising the Rossa College site to facilitate the proposed building project. To this end a feasibility study of the site and building was commissioned in order to determine how best to provide for the long-term accommodation needs of the proposed school. However, because of the opposition from the Trustees of the proposed new Community School to the Rossa College site, this option is no longer being pursued. The Department will continue to work to identify a suitable site for this project and will keep the Trustees informed of progress in this regard.

Schools Refurbishment.

Christy O'Sullivan

Question:

447 Deputy Christy O’Sullivan asked the Minister for Education and Science when the summer work schemes for national schools will recommence. [9221/08]

As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects in primary and post-primary schools costing in excess of €300 million have been completed. With so many smaller projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. The emphasis will be on new schools, extensions and major refurbishments, rather than on smaller projects. There will not, therefore, be a new Summer Works Scheme as part of the building programme this year.

The question of reintroducing the Summer Works Scheme will be considered in the context of my Department's multi-annual School Building and Modernisation Programme from 2009 onwards.

Schools Building Projects.

Christy O'Sullivan

Question:

448 Deputy Christy O’Sullivan asked the Minister for Education and Science when in view of the fact that a design team has been appointed, work will commence on a new gaelscoil in Clonakilty. [9222/08]

The development of the proposed building project for the school referred to by the Deputy is at an early stage. The progression of all large-scale building projects from initial design stage through to construction phase, including the project in question, will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

Colleges Recognition.

Ruairí Quinn

Question:

449 Deputy Ruairí Quinn asked the Minister for Education and Science if her attention has been drawn to a newspaper article (details supplied); the action she is taking under existing legislation to eliminate this fraudulent operation; and if she will make a statement on the matter. [9268/08]

My Department does not regulate the provision of private colleges. Indeed, in the context of a lifelong approach to learning, it would not be feasible to confine all provision of education and training to providers which are nationally accredited. However, in Ireland we do have a national framework of qualifications which enables providers in public, private, workplace or community settings to offer recognised awards in further or higher education, in compliance with the processes set out by the Further Education and Training Awards Council or the Higher Education and Training Awards Council. Such providers must agree their quality assurance arrangements with the relevant awards council, and satisfy the council that the awards are of an appropriate standard, the necessary supports are in place for learners and the assessment arrangements are fair and consistent. There are also procedures under which international or professional bodies may seek to have their programmes aligned with or included in the national framework of qualifications in Ireland, if they wish to do so. My Department is also bound by the Lisbon Convention and the EU Directive on Mutual Recognition of Professional Qualifications to give appropriate recognition to nationally accredited awards from other jurisdictions. In addition to this, the Department maintains an Internationalisation Register containing programmes which are approved for the purpose of access to work by students who are citizens from outside the EU/EEA and Switzerland. Only programmes which have been quality assured and/or lead to recognised qualifications are included on the Register. Both the Internationalisation Register and a list of approved higher education providers are maintained on the Department's website. The organisation referred to by the Deputy is not included on the Internationalisation Register, and does not currently offer programmes recognised by FETAC or HETAC under the national framework of qualifications. It is understood that an application has been made by the organisation to HETAC, and this is being examined at present. Internationally, many countries are grappling with how best to maintain an appropriate balance between ensuring that opportunities for ongoing learning in a variety of settings are encouraged, and that learners are not misled regarding the status or recognition attached to institutions and their awards. The Department is in consultation with the awards councils and the National Qualifications Authority as to how best such issues may be addressed. Learners are advised to check the recognition of their award before paying fees or beginning a programme.

Ruairí Quinn

Question:

450 Deputy Ruairí Quinn asked the Minister for Education and Science the action her Department or the legal services of the Government have taken against the private companies and organisations purporting to be Irish universities which are not recognised in law as legitimate universities since she last responded to parliamentary questions on bogus third level institutes; and if she will make a statement on the matter. [9269/08]

My Department is in consultation with relevant agencies, to see how the existing approach to bogus institutions might be made more coherent and effective.

My Department fully intends to continue its efforts to press for compliance with legislation in this area and recognises that the existence of such organisations is contrary to the interests of Ireland's higher education institutions, which have sought to preserve the high international standing and quality reputation of higher education in Ireland.

Computerisation Programme.

Ruairí Quinn

Question:

451 Deputy Ruairí Quinn asked the Minister for Education and Science the number of post primary schools that have dedicated classrooms used for the teaching of information and communication technology sciences; if all these classrooms are equipped with a sufficient number of individual computers to facilitate such education; and if she will make a statement on the matter. [9270/08]

Since its commencement in 1998, there has been significant investment generally in the ICT in Schools Programme, in providing computers to schools, professional development ICT courses for teachers, improving the availability of digital content, integrating ICT into the curriculum and in supporting schools to integrate ICT into their teaching and learning. The recent priorities under the Programme have been the development of schools' internal networking facilities and the provision of broadband connectivity for schools, which my Department has pursued in partnership with the Telecommunications and Internet Federation within IBEC. Other recent developments include the introduction of the new Technology syllabus and the revised Design and Communication Graphics syllabus at Leaving Certificate level which were introduced this year with associated investment to schools to upgrade their facilities. Disadvantaged schools are also benefiting from the ICT Grant scheme for DEIS Schools from the Dormant Accounts (Educational Disadvantage) Fund. My Department does not have details of the number of post-primary schools with dedicated classrooms; however, there has been considerable progress since the Programme commenced. The number of computers in schools has increased substantially. In this regard, the latest available Census undertaken by the NCTE in 2005, found that at post-primary level, there was one computer for every 7 students. While the ICT facilities in our schools have improved considerably, I am conscious of the need for further investment to ensure that we are realising the full potential of ICT to improve the learning experience for our young people. Our Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy. This strategy will be underpinned by the investment of €252m in the National Development Plan 2007-2013. I appointed a Strategy Planning Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I have now received the report of the Strategy Planning Group and I will shortly be publishing the report, together with my implementation plan.

Teaching Qualifications.

Ruairí Quinn

Question:

452 Deputy Ruairí Quinn asked the Minister for Education and Science the number of science graduates who are teaching science in post primary schools with educational degrees and qualifications such as the Higher Diploma in Education; the plans in place to increase the number of these qualified science teachers; and if she will make a statement on the matter. [9271/08]

My Department is not aware of the number of science teachers who have an educational degree and postgraduate qualifications that are employed in post primary schools.

The recruitment and appointment of teachers to fill vacancies in an individual school is a matter for the Board of Management of the school concerned. Boards of Management must make every effort, including advertising in a national newspaper, to obtain the services of a qualified teacher for appointment to a temporary or permanent post.

In relation to plans to increase the numbers of qualified science teachers, the Deputy may be aware that the Teaching Council's database of registered teachers will be able to provide a range of different information on the numbers of registered teachers in various disciplines and on their qualifications. This information will provide valuable input into my Department's examination of issues around supply and demand for teachers of various subjects, and we will make plans accordingly.

School Facilities.

Ruairí Quinn

Question:

453 Deputy Ruairí Quinn asked the Minister for Education and Science the number of post primary schools that have dedicated up-to date laboratory facilities, fully equipped to teach the science syllabi at junior and leaving certificate level; and if she will make a statement on the matter. [9272/08]

As part of the multi-annual school building programme my Department has invested heavily in modernising school facilities throughout the country including science facilities in post-primary schools. Provision of science facilities is an intrinsic part of many school building projects at post-primary level. Typically this investment involves the provision of modern science facilities in new post-primary schools or the upgrading of science facilities in existing schools either as part of a school building project or as a dedicated investment to facilitate the teaching of science.

Additionally I have provided for class materials, basic general equipment and chemicals for practical work for the Sciences. My Department also spent in excess of €13m in 2004 to facilitate the introduction of a revised Junior Science syllabus. Schools received a basic grant of €3500 per science laboratory to enable them to provide the new curriculum. Additional funding was made available to schools where other specified equipment was required. In addition, certain schools identified as needing new or refurbished science laboratories as a result of a 1998 national survey received funding.

Schools have also received funding under the Summer Works Schemes 2004 -2007 to refurbish science laboratories. In the 2006/2007 applications schools were asked to specifically identify and provide details of any science and technology upgrade or refurbishment projects separate from any other projects being applied for so that consideration could be given to approving these projects. Over 60 schools were approved for funding in 2006/2007 under the Scheme to enable them to get science laboratories refurbished on a devolved basis.

The Deputy can be assured that my Department will continue to take a proactive approach in the provision of the necessary facilities for the teaching of science in schools.

School Curriculum.

Ruairí Quinn

Question:

454 Deputy Ruairí Quinn asked the Minister for Education and Science if she will request the History in Service team to review the teaching and resourcing of modern Irish history in a comprehensive and impartial manner in order to avoid party political bias following her decision to accept the recommendation of her Department’s inspectorate to distribute Judging Dev from the History in Service team; and if she will make a statement on the matter. [9273/08]

The decision to distribute Judging Dev was taken following an initial approach from the History In Service Team (HIST) and was a multi-faceted collaboration between the HIST, the Royal Irish Academy and RTE. It is not unusual for the teacher support services operated by my Department to collaborate from time to time with outside organisations on imaginative initiatives which make available quality and relevant resources which enhance teaching and learning.

Should a similar request arise in future, my Department will consider the distribution of materials with regard to curriculum relevance and budgetary issues.

Ruairí Quinn

Question:

455 Deputy Ruairí Quinn asked the Minister for Education and Science the number of schools who have received a copy of Judging Dev, the biography of Eamon DeValera; the number who have acknowledged receipt of the book; if An Post or another company was contracted by her Department to deliver two copies of the book to every school; and if she will make a statement on the matter. [9274/08]

Two copies of the Judging Dev book were sent to all post primary schools in the country. Acknowledgements of receipt of the book were not requested and have not been received, although feedback from teachers attending in service in History has been positive. The book was packaged by staff in my Department and distributed through the Department's normal postal service.

Schools Building Projects.

Ruairí Quinn

Question:

456 Deputy Ruairí Quinn asked the Minister for Education and Science when funding will be provided to start building a new gaelscoil in Westport, County Mayo which was approved in December 2006 and a site purchased by her Department; when she expects the new school to be occupied in order that parents will know the length of time their children will have to continue attending the temporary rented accommodation; and if she will make a statement on the matter. [9275/08]

The architectural planning of the building project referred to by the Deputy is at an advanced stage. The progression of all major projects to tender and construction, including this project, will be considered on an ongoing basis in the context of my Department's Multi Annual School Building and Modernisation Programme.

Funding for Schools.

Ruairí Quinn

Question:

457 Deputy Ruairí Quinn asked the Minister for Education and Science if her attention has been drawn to the crisis in the funding in primary schools for daily expenditure as indicated in a recent joint communication from all of the patron bodies; and the action she will take on this matter. [9276/08]

I am aware of the joint communication from the patron bodies to An Taoiseach in relation to funding pressures on schools. I would like to assure the Deputy that it is a key priority for the Government to improve funding for the day-to-day running costs of schools. For that reason specific commitments in relation to improving school funding form a central part of the education provisions in the Programme for Government. These commitments are a direct follow on from the clear thrust of Government policy over recent years to improve the position of primary schools in particular.

In 2008 alone my Department will be paying around €167m to primary schools to meet their day to day running costs. The improvements announced in the last budget mean that the combined day-to-day funding for primary schools will increase by €21 to €330 per pupil. As a result, a primary school with 300 pupils will receive almost €100,000 to meet their running costs.

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 from 1st January, 2008. This represents an increase of 212% in the standard rate of capitation grant since 1997.

Furthermore enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €457.00 to €880 per pupil — an increase of 42% from the rate in 2006.

I agree that increases in primary capitation must be a priority and that is why we are committed to doubling it by 2012. This year, despite the overall difficult economic environment I delivered an increase of €15 per pupil on capitation levels in 2008. I want to assure the Deputy that this Government has a track record of significantly increasing funding for schools and we will continue to build on this and deliver on our Programme for Government commitment.

Schools Building Projects.

Willie Penrose

Question:

458 Deputy Willie Penrose asked the Minister for Education and Science if she will take steps to give the go ahead for the school building and refurbishing project at a school (details supplied) in County Westmeath; if, in the context where this school caters for the educational needs of almost 800 students, she will ensure that the school is on the next list of schools approved for immediate construction; and if she will make a statement on the matter. [9454/08]

Progression of all projects to tender and construction, including the project in question, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context.

I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out. The next announcement will occur after Easter.

Energy Conservation.

Andrew Doyle

Question:

459 Deputy Andrew Doyle asked the Minister for Defence the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9440/08]

In 2007, my Department's offices in Renmore, Galway, were included in the pilot study for the Energy Conservation Campaign. Since that pilot project took place, energy-saving enhancements to the building have been carried out, including the replacement of windows and it is planned to increase the insulation in 2008, which it is hoped will improve the overall energy efficiency of the building.

This year, all of my Department's main offices in Dublin and Galway, and the Civil Defence Board's Offices in Roscrea, will be involved in the OPW's Energy Conservation Initiative in State Buildings, which aims to reduce CO2 emissions in all targeted state buildings by 15%. We hope to achieve this reduction through raising staff awareness of the potential savings that can be made by changing our habits and behaviours to reduce our energy consumption to the benefit of all.

Asylum Support Services.

Denis Naughten

Question:

460 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps which he is taking to address the quality and cost of asylum accommodation; and if he will make a statement on the matter. [9236/08]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government's twin policies of direct provision and dispersal.

The RIA advise me that they are satisfied with the current quality of accommodation provided to asylum seekers and that they operate a robust system of inspection (both internal and independent) which identify any minor difficulties before they become substantial. It may interest the Deputy to know that in the last few weeks, 8 of the direct provision accommodation centres contracted to the RIA received the EIQA Quality Mark. The Deputy will recognise the extent of this achievement and the work required to reach and maintain, on a continuous basis, the standards required under this national quality award. Furthermore, the terms and conditions set out in Memoranda of Agreement with accommodation providers encompass extensive and vigorous legislative and other quality standards which must be adhered to.

In relation to costs, the RIA monitors all costs associated with its accommodation portfolio to ensure the best value for money while maintaining a high standard of service. The RIA is always mindful of the need to spend taxpayers' money in the most appropriate way in fulfilling the State's obligations set out by the UNHCR (Geneva Convention). The RIA is satisfied that it consistently achieves quality and value for money through the checks and balances which ensure quality of service, combined with the value for money reflected in the competitive price achieved by the RIA over a number of years in its operation of the direct provision system.

Question No. 461 answered with Question No. 147.

Work Permits.

Jack Wall

Question:

462 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in County Kildare for a work permit as the applicant needs the matter resolved as a matter of urgency; and if he will make a statement on the matter. [8743/08]

I am informed by the Immigration Division of my Department that the person in question was granted permission to reside in the State until 2018 and is exempt from the requirement to hold a work permit. The person in question was notified by letter recently.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

463 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of a person (details supplied) in County Louth; if he will confirm the date on which the application was received; and the date by which it is expected to be processed. [8744/08]

I have been advised by my officials that an application for a certificate of naturalisation from the person referred to in the Deputy's Question was first received in the Citizenship section of my Department on 14 March 2007. However, as there was an error on the statutory declaration, the form was returned to the person in question on 6 April 2007 so that it could be amended.

I understand that the letter was delivered to the wrong address as a result of which the person in question was unable to return the amended form until September 2007. I wish to reassure both the Deputy and individual that processing of his application will not be delayed and that the application will be dealt with as if it had been received in March 2007.

Officials in the Citizenship section are currently processing applications received in mid 2005 and have approximately 10,500 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in or around September 2009.

I will inform the Deputy and the person in question when I have reached a decision on the matter.

EU Directives.

Brian Hayes

Question:

464 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if any multinational company has contacted his Department to express their concern over the proposed data retention directive and the impact on their business; and if he will make a statement on the matter. [8745/08]

A representative of a multinational company recently contacted by telephone a member of staff in my Department to express concern over the implementation of Directive 2006/24/EC of the European Parliament and the Council of the 15 March 2006 on the retention of data. The concern was based on newspaper reports on how the Directive might be transposed. Shortly afterwards, that person was on a delegation of telephony operators and internet service providers that was addressed by a Departmental representative on plans for the transposition of the Directive.

I would like to emphasise that the date for transposition of the Directive has passed. My plans for transposition are at an advanced stage but no final decisions have yet been taken on aspects of the Directive where we have some flexibility. Through our obligations under the Treaty establishing the European Communmity, we are bound to transpose the Directive along with the other 26 Member States of the European Union and the members of the European Economic Area.

Road Safety.

Eamon Scanlon

Question:

465 Deputy Eamon Scanlon asked the Minister for Justice, Equality and Law Reform if persons who have been before the courts for anti-social driving behaviour should have restrictions placed on them to curtail the level of cruising that is currently taking place where a number of cars are doing laps within, and around, towns, which are often timed and involve cars passing a given point up to a dozen times in less than two hours, with the associated pollution and danger to other road users; and if he will make a statement on the matter. [8753/08]

Eamon Scanlon

Question:

466 Deputy Eamon Scanlon asked the Minister for Justice, Equality and Law Reform the powers currently held by Gardaí to deal with boy racers and cars terrorising communities with noise pollution due to exhausts that do not comply with National Car Test requirements; if he will make a statement on the strength of support in these instances; and the measures intended to address this epidemic. [8754/08]

Eamon Scanlon

Question:

467 Deputy Eamon Scanlon asked the Minister for Justice, Equality and Law Reform if he agrees with senior Gardaí that they do not have sufficient powers to address the scourge of youths who are driving noisy cars in anti-social manners at all hours of the day and night in many towns and villages; and if he will make a statement on the matter. [8755/08]

I propose to take Questions Nos. 465 to 467, inclusive, together.

One of the strategic goals set out in the Garda Síochána Corporate Strategy 2007-2009 is to significantly reduce the incidence of fatal and serious injuries and improve road safety. One of the actions identified in the Garda Policing Plan 2008 in support of this goal is targeted intelligence-led operations against offending young drivers.

I am informed by the Garda authorities that a number of initiatives to target the activities of young male drivers are being undertaken. Specific areas identified as places where young drivers congregate are targeted. As a result, uniform members of An Garda Síochána, supported by Divisional Traffic Corps personnel, establish checkpoints and enforce in a highly visible manner the provisions of the Road Traffic Acts.

These initiatives have resulted in detections being made for a wide range of road traffic offences, including offences relating to dangerous driving, careless driving, no silencer fitted, L plates not displayed, identification plates not conforming with legislation, road tax offences, insurance and driving licence offences, speeding offences, dangerously defective vehicles and modified vehicles. Offences detected are dealt with by way of prosecution, fixed charge notice or, where appropriate, through the Juvenile Diversion Programme. In 2006 and 2007 over 100 offenders were charged before the local district courts.

In addition to these intelligence-led operations, all uniform members of An Garda Síochána are tasked with enforcing the relevant legislative provisions. Regular mobile patrols take place and roving checkpoints are conducted in areas where young drivers tend to congregate.

In addition websites are monitored so as to establish where such anti-social activities are taking place with a view to providing an appropriate response. Garda road safety awareness programmes are conducted in schools, third level colleges, factories, workplaces and other facilities, with the aim of educating road users of the obligations on all road users under the Road Traffic Acts and to promote road safety among the target group.

The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 set out the legislative basis for prosecution due to excessive noise levels of vehicles. Current permissible sound levels are set by EU Directive.

I am informed by the Garda authorities that they are currently reviewing the suitability of various sound meters which will meet the specifications for sound measuring devices set out in Directive 92/97/EEC with a view to improving the collection of the technical evidence necessary for the prosecution of drivers whose vehicles produce excessive levels of noise.

Any changes to road traffic legislation, including the introduction of new penalties, is a matter for my colleague the Minister for Transport.

Residency Permits.

Brendan Howlin

Question:

468 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if an application from a person (details supplied) in County Kilkenny for permission to live and work in the State on the basis of marriage to an Irish national has been received in his Department; if all documentation required for processing of this application has been submitted; when a decision will be made in relation to this application; and if he will make a statement on the matter. [8771/08]

An application for residence in the State on the sole basis of marriage to an Irish national was received from the person in question in February 2008. The Immigration Operations Division of my Department issued an acknowledgement of this application and request for documentation on 26 February 2008.

Applications of this kind, in fairness to all other applicants, are dealt with in strict chronological order and currently take up to twelve months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Citizenship Applications.

Michael Ring

Question:

469 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when applications for naturalisation by persons (details supplied) in County Mayo will be finalised. [8773/08]

I refer the Deputy to my reply to Parliamentary Question No. 427 on 13 November 2007. The position remains as stated.

To date, no new applications for certificates of naturalisation from the persons referred to in the Deputy's Question have been received.

Residency Permits.

Arthur Morgan

Question:

470 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) in County Louth, who applied for permission to remain in the State under the IBC/05 scheme; and if he will make a statement on the matter. [8781/08]

An application for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme, was received from the person in question on 9th May, 2005. This application was refused as the person concerned did not meet the criteria of the scheme.

Judgments of the Supreme Court on matters related to the IBC/05 Scheme were delivered on 20th December, 2007. My Department is currently considering those judgments, and the person concerned will be written to shortly in this regard

Garda Investigations.

Charlie O'Connor

Question:

471 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he has received a report from An Garda Síochána regarding the accident on the LUAS line at Tallaght, Dublin 24 on 23 February 2008 in which a person lost their life; if his attention has been drawn to the local concern in the matter; and if he will make a statement on the matter. [8784/08]

I am informed by the Garda authorities that the incident referred to by the Deputy is being investigated by the Gardaí at Tallaght. Due to the location where the incident occurred the collision is also being investigated by the Railway Safety Commission.

Local Garda management is aware of the concerns referred to by the Deputy. These matters have been discussed with the family of the deceased. A Garda liaison sergeant has been appointed to liaise with the family.

Garda Deployment.

Ciaran Lynch

Question:

472 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when it is intended to replace the two Gardaí recently transferred from Carrick-on-Suir in order to bring the force up to normal strength; and if he will make a statement on the matter. [8787/08]

As of 31 January 2008, the latest date for which figures are readily available, the personnel strength of Carrick-On-Suir Garda Station was 15. Local Garda Management report that one Garda has transferred out of Carrick-On-Suir Garda Station.

The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaí is due to take place on 13 March next. In that regard, the needs of Carrick-on-Suir Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Legal Support Services.

Chris Andrews

Question:

473 Deputy Chris Andrews asked the Minister for Justice, Equality and Law Reform if he will establish a service to legally support Irish families who have lost loved ones abroad and find themselves unable to meet expense and layers of bureaucracy that they face in trying to access justice abroad in view of the closure of the trial of a person (details supplied). [8801/08]

As the Deputy will be aware, in my capacity as Minister for Justice, Equality and Law Reform, I have no role as such in assisting Irish nationals who require assistance overseas, including in the tragic circumstances where a loved one has died suddenly while abroad. The Department of Foreign Affairs provides this assistance through its network of Embassies and consulates. I understand that in the particular case referred to the Department of Foreign Affairs has in fact provided extensive assistance to the next of kin.

Insofar as the question of funding legal services is concerned, the position is that neither the Criminal nor Civil Legal Aid Scheme provides for representation for the next of kin of victims during the course of a criminal investigation or prosecution. Furthermore, neither provides for representation to Irish nationals involved in legal proceedings taking place wholly outside of the State. While I have great sympathy for the family in question, any such service under the Civil or Criminal Legal Aid schemes would require the introduction of new legislation.

Registration of Title.

Pat Breen

Question:

474 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform when a dealing for persons (details supplied) in County Clare will be completed in respect of a land registry matter; and if he will make a statement on the matter. [8803/08]

As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications, such as the subject of this question, which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions. This service, which is operated by the Property Registration Authority, is available all year round.

I can further inform the Deputy that his query has been forwarded to the Property Registration Authority for attention and direct reply via the above mentioned service.

Pat Breen

Question:

475 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform when a dealing for a person (details supplied) in County Cork will be completed in respect of a Land Registry matter; and if he will make a statement on the matter. [8822/08]

As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications, such as the subject of this question, which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions. This service, which is operated by the Property Registration Authority, is available all year round.

I can further inform the Deputy that his query has been forwarded to the Property Registration Authority for attention and direct reply via the above mentioned service.

Garda Operations.

Finian McGrath

Question:

476 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a query (details supplied) will be investigated. [8830/08]

I am informed by the Garda authorities that the premises referred to is in the Coolock Garda Sub-district. I am further informed that local Garda management is aware of issues raised by local residents regarding the premises in question. The premises has a public dance licence and the area in which it is located receives particular attention from Garda mobile and foot patrols.

The Garda authorities continue to liaise with local residents and any complaint made will be acted upon at the annual licensing courts or when an application is received for special exemptions. This option is also available to residents in the area.

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.

Question No. 477 answered with Question No. 171.

Legislative Programme.

Charles Flanagan

Question:

478 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of Acts of the Houses of the Oireachtas introduced by his Department during the 29th Dáil which remain in whole or in part to be brought into force; the number of Acts he envisages will not be brought into force in the foreseeable future; and if he will make a statement on the matter. [8833/08]

Of the 40 Acts of the Oireachtas enacted during the 29th Dáil which come under my Department's aegis, certain elements remain to be brought into force in respect of 6 such Acts, as set out below.

Name of Act

Sections yet to be brought into force

Data Protection (Amendment) Act 2003 (No. 6 of 2003)

Section 5 of the Data Protection (Amendment) Act 2003 inserts a new Section 4(13) into the Data Protection Act 1988 to prevent “enforced subject access” in an employment context. This section will be commenced as soon as the ongoing expansion in the availability of criminal history vetting by the Garda Síochána is complete.

Private Security Services Act 2004 (No. 12 of 2004)

All provisions with the exceptions of Sections 37 (part), 42 to 47 inclusive and Schedule 3 to the Act have been brought into force. Sections 42 to 47 and Schedule 3 will commence upon completion of consultation with the appropriate counterparts from other jurisdictions. The remaining parts of Section 37 will commence on a sector-by-sector basis in line with the continued roll-out of licensing of those sectors.

Civil Liability and Courts Act 2004 (No. 31 of 2004)

Sections 30, 45, 46, 47, 48, 50, 51, 52, 53* have not been commenced as yet. Commencement of Section 30 will become technically feasible when all court offices have been linked to the necessary central database. The other 8 Sections all depend on the completion of revaluations by the Valuation Office to change the valuation from “rateable valuation” to “market value”.

Criminal Justice Act 2006 (No. 26 of 2006)

All sections have been commenced with the exception of the following: Sections 28, 30, 32 and 33 concern reforms to the firearms licensing system. They have not been commenced due to an ongoing process of consultation with shooting interest groups and An Garda Síochána regarding their implementation. Section 40 relates to reloading and has not been commenced due to Departmental concerns regarding its implementation. Sections 101(10), 101(12)(c), 102, 103(1)(d), 103(4)(d), 107, 108(4), 109, 111, 112 are enabling provisions for electronic monitoring and there are no immediate plans to introduce this. Section 144 contains a drafting error and if commenced would have unintended consequences.

Prisons Act 2007 (No. 10 of 2007)

Part 2 will not be commenced as long as the existing arrangements continue to operate satisfactorily and cost effectively. Sections 33 and 34 have not been commenced due to ongoing consultation with relevant stakeholders

Criminal Justice Act 2007 (No. 29 of 2007)

All sections have been commenced with the exception of the following: Sections 11-13 are enabling provisions concerning the introduction of electronic monitoring. There are no immediate plans to introduce this. Section 19 is delayed until such time as the necessary logistical arrangements can be made by the Courts Service. It is not proposed to commence Section 41 at this juncture.

Residency Permits.

Denis Naughten

Question:

479 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain by a person (details supplied) in Dublin 24; when a decision will be made on the application; and if he will make a statement on the matter. [8839/08]

The person concerned arrived in the State on 10 February 2001 and made an application for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 23 August 2002, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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 he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Denis Naughten

Question:

480 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Roscommon for leave to remain on humanitarian grounds; the status of this application; and if he will make a statement on the matter. [8853/08]

The person concerned arrived in the State on 2 June 2004 and applied for asylum. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 September 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of 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 she should be allowed to remain temporarily in the State.

On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person concerned was notified, by letter dated 23 January 2008, that she was eligible to apply for Subsidiary Protection in accordance with these Regulations and was invited to so do within the succeeding 15 working days. My Department's records show that no such application was submitted by the due date. However, the legal representative of the person concerned has notified my Department that they intend to submit an application for Subsidiary Protection on behalf of the person concerned. If such an application is submitted and accepted, it will be considered in line with the Regulations referred to. When any such consideration has been completed, the person concerned will be notified in writing of the outcome.

In the event that any Subsidiary Protection application lodged is refused, the case file of the person 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 file of the person concerned will be passed to me for decision.

Garda Vetting Services.

Michael Creed

Question:

481 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform if an application has been received from a person (details supplied) in County Cork for a Garda clearance certificate; if so, when the certificate will be issued; and if he will make a statement on the matter. [8857/08]

The Garda Central Vetting Unit (GCVU) makes criminal history vetting disclosures to registered organisations in respect of prospective employees, volunteers and students on placement who would have substantive, unsupervised access to children and vulnerable adults. I am informed by the Garda authorities that the GCVU has not received a vetting application form in respect of the person in question from any registered organisation on his behalf. In the circumstances, I would suggest that the person in question contact the organisation to which he has sought to be recruited to clarify matters.

Judicial Appointments.

Charles Flanagan

Question:

482 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the persons appointed to the District Court, Circuit Court, High Court and Supreme Court each year since 1995 to date in 2008; if he will differentiate between those appointed on foot of a Judicial Appointments Advisory Board recommendation and those appointed directly by the Government outside of the JAAB process; and if he will make a statement on the matter. [8883/08]

The persons appointed to the District Court, Circuit Court, High Court and Supreme Court each year since 1995 to date in 2008 are as follows:

1995

Supreme Court

No appointments

High Court

The Hon. Mr. Justice Brian McCracken

The Hon. Ms. Justice Mary Laffoy

Circuit Court

His Hon. Judge Sean O'Leary

District Court

Judge John O'Neill

Judge Michael O'Leary

Judge David Riordan

1996

Supreme Court

The Hon. Mr. Justice Donal Barrington *

The Hon. Mr. Justice Kevin Lynch *

The Hon. Mr. Justice Francis Murphy *

The Hon. Mr. Justice Ronan Keane *

High Court

The Hon. Mr. Justice Michael Moriarty *

The Hon. Mr. Justice Peter Shanley

The Hon. Mr. Justice Peter Kelly

The Hon. Mr. Justice Thomas Smyth

The Hon. Mr. Justice Diarmuid O'Donovan

The Hon. Ms. Justice Catherine McGuinness *

Circuit Court

His Hon. Judge Kevin Haugh

Her Hon. Judge Alison Lindsay

His Hon. Judge Raymond Groarke

His Hon. Judge Frank O'Donnell

His Hon. Judge Michael White

Her Hon. Judge Elizabeth Dunne

His Hon. Judge John Buckley

His Hon. Judge Anthony Kennedy

Her Hon. Judge Olive Buttimer

District Court

Judge Constantine O'Leary

Judge Catherine Murphy

Judge Mary Collins

1997

Supreme Court

The Hon. Mr. Justice Henry Barron *

High Court

The Hon. Mr. Justice Phillip O'Sullivan

The Hon. Mr. Justice John Quirke

The Hon. Mr. Justice Kevin O'Higgins *

Circuit Court

His Hon. Judge Joseph Matthews

His Hon. Judge Patrick McCartan

Her Hon. Judge Jacqueline Linnane

His Hon. Judge Carroll Moran

District Court

Judge Miriam Malone

Judge John O'Donnell

1998

Supreme Court

No appointments

High Court

The Hon. Mr. Justice Matthew Smith *

The Hon. Ms. Justice Fidelma Macken

The Hon. Mr. Justice Nicholas Kearns *

Circuit Court

Her Hon. Judge Yvonne Murphy

His Hon. Judge John O'Hagan

His Hon. Judge John Clifford *

District Court

Judge James Scally

Judge Mary Devins

Judge Thomas O'Donnell

Judge James O'Connor

Judge David Anderson

1999

Supreme Court

The Hon. Mr. Justice John Murray *

High Court

The Hon. Mr. Justice Iarfhlaith O'Neill

The Hon. Mr. Justice Joseph Finnegan

The Hon. Mr. Justice Aindrias O'Caoimh

Circuit Court

His Hon. Judge Bryan McMahon

District Court

Judge Sean MacBride

Judge Patrick Brady

Judge Leo Malone

Judge Timothy Lucey

2000

Supreme Court

The Hon. Mr. Justice Adrian Hardiman

The Hon. Mr. Justice Hugh Geoghegan *

The Hon. Mr. Justice Niall Fennelly

The Hon. Ms. Justice Catherine McGuinness *

High Court

The Hon. Mr. Justice Roderick Murphy

The Hon. Mr. Justice Daniel Herbert

The Hon. Mr. Justice Paul Butler

The Hon. Mr. Justice Liam McKechnie

Circuit Court

His Hon. Judge Desmond Hogan *

District Court

Judge David Maughan

Judge Gerard Furlong

2001

Supreme Court

No appointments

High Court

No appointments

Circuit Court

His Hon. Judge Michael O'Shea

His Hon. Judge Sean O'Donovan

His Hon. Judge Brian Curtin

Her Hon. Judge Katherine Delahunt

District Court

Judge James McNulty

Judge Conal Gibbons

Judge Bridget Reilly

2002

Supreme Court

The Hon. Mr. Justice Brian McCracken *

High Court

The Hon. Mr. Justice Henry Abbot

The Hon. Mr. Justice Eamon de Valera

The Hon. Ms. Justice Mary Finlay Geoghegan

The Hon. Mr. Justice Michael Peart

The Hon. Mr. Justice Barry White

Circuit Court

Her Hon. Judge Mary Faherty

His Hon. Judge Alan Mahon

His Hon. Judge Gerald Keys

Her Hon. Judge Patricia Ryan

Her Hon. Judge Miriam Reynolds Buckley

His Hon. Judge James O'Donohoe

District Court

Judge Geoffrey Browne

Judge Bryan Smyth

Judge Anne Watkin

Judge Cormac Dunne

Judge John Coughlan

2003

Supreme Court

No appointments

High Court

The Hon. Mr. Justice Paul Gilligan

The Hon. Mr. Justice Sean Ryan

The Hon. Mr. Justice Sean O'Leary *

Circuit Court

No appointments

District Court

Judge Angela Condon

2004

Supreme Court

The Hon. Mr. Justice Nicholas Kearns *

High Court

The Hon. Ms. Justice Fidelma Macken * (re-appointed after service on European Court of Justice)

The Hon. Mr. Justice Michael Hanna

The Hon. Mr. Justice John MacMenamin

The Hon. Mr. Justice Frank Clarke

The Hon. Ms. Justice Elizabeth Dunne *

Circuit Court

Her Hon. Judge Alice Doyle

Her Hon. Judge Doirbhile Flanagan

His Hon. Judge Donagh McDonagh

His Hon. Judge Cornelius Murphy

His Hon. Judge Terence O'Sullivan

District Court

Judge Hugh O'Donnell

Judge Ann Ryan

2005

Supreme Court

The Hon. Ms. Justice Fidelma Macken *

High Court

The Hon. Mr. Justice Kevin Haugh *

Circuit Court

No appointments

District Court

Judge Patrick Clyne

Judge Derek McVeigh

Judge Brian Sheridan

Judge Aeneas McCarthy

2006

Supreme Court

The Hon. Mr. Justice Joseph Finnegan *

(previously ex-officio member as President of the High Court)

High Court

The Hon. Mr. Justice Kevin Feeney

The Hon. Mr. Justice Brian McGovern

The Hon. Mr. Justice Peter Charleton

The Hon. Ms. Justice Maureen Harding Clark

Circuit Court

His Hon. Judge Tom Teehan

District Court

Judge Dympna Cusack

Judge Patrick McMahon

Judge Desmond Zaidan

2007

Supreme Court

No appointments

High Court

The Hon. Mr. Justice John Hedigan *

The Hon. Mr. Justice Bryan McMahon *

The Hon. Mr. Justice George Birmingham

The Hon. Mr. Justice John Edwards

The Hon. Ms. Justice Mary Irvine

The Hon. Mr. Justice Patrick McCarthy

The Hon. Mr. Justice Garrett Sheehan

Circuit Court

His Hon. Judge Tony Hunt

His Hon. Judge Rory McCabe

His Hon. Judge Martin Nolan

His Hon. Judge Gerard Griffin

Her Hon. Judge Petria McDonnell

His Hon. Judge Raymond Fullam

District Court

Judge Anthony Halpin

Judge John Lindsay

Judge Eamon O'Brien

Judge David McHugh

Judge Elizabeth MacGrath

Judge Denis McLoughlin

While the ultimate decision as to who should be recommended to the President for appointment to judicial office rests with the Government, the Government's practice has been, since the establishment of the Judicial Appointments Advisory Board (JAAB), to recommend only persons who have been recommended as suitable for appointment to judicial office by the JAAB. The Act requires that where appointments are made on a recommendation of the Board notice of that fact shall be published in Iris Oifigiúil.

The provisions of section 16 of the Courts and Court Officers Act 1995 — dealing with the submission of names to the Minister by the JAAB — do not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge of the High Court, Circuit Court, District Court or who is eligible for appointment to the Supreme Court or the High Court by virtue of their membership of a specified international court. Persons so appointed are indicated by an asterisk (*) in the above list. The appointment of a judge of the High Court as Chairperson of the Commission to inquire into Child Abuse was on the basis directly of a nomination by the Government.

Charles Flanagan

Question:

483 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the judges who have been promoted from one court to another in each year since 1995 to date in 2008; and if he will make a statement on the matter. [8884/08]

The information requested by the Deputy is set out in the following tables:

Appointments to the Supreme Court from the High Court

Name

Year

Ronan Keane

1996

Francis Murphy

1996

Kevin Lynch

1996

Henry Barron

1997

Catherine McGuinness

2000

Hugh Geoghegan

2000

Brian McCracken

2002

Nicholas Kearns

2004

Fidelma Macken

2005

Joseph Finnegan

2006 (ex-officio member of the Supreme Court while President of the High Court from 2001)

Appointments to the High Court from the Circuit Court

Name

Year

Michael Moriarty

1996

Catherine McGuinness

1996

Kevin C. O’Higgins

1997

Matthew P. Smith

1998

Nicholas Kearns

1998

Sean O’Leary

2003

Elizabeth Dunne

2004

Kevin Haugh

2005

Bryan McMahon

2007

Appointments to the Circuit Court from the District Court

Name

Year

John Clifford

1998

Desmond Hogan

2000

Judicial Retirements.

Charles Flanagan

Question:

484 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the date of the retirement of each judge who has retired from the Judiciary here since 1995 to date in 2008; and if he will make a statement on the matter. [8885/08]

The following are the retirement dates for each judge who has retired from the judiciary from 1995 to date:

Supreme Court

Name

Date of Retirement

Seamus F. Egan

02/12/1995

John Joseph Blayney

14/03/1997

Hugh O’Flaherty

18/04/1999

Kevin Lynch

15/12/1999

Liam Hamilton

30/01/2000

Donal Barrington

20/02/2000

Francis Murphy

19/10/2002

Henry Barron

01/01/2006

Brian McCracken

13/07/2006

Catherine McGuinness

14/11/2006

High Court

Name

Date of Retirement

Roderick J. O’Hanlon

12/04/1999

Declan Costello

01/01/1998

Cyril Kelly

21/04/1999

Fergus Flood

09/07/2000

Frederick Morris

01/12/2001

Robert Barr

28/06/2002

Matthew P. Smith

01/01/2005

Mella Carroll

06/11/2005

Dermot Kinlen

20/04/2002

Thomas Smyth

29/12/2007

Circuit Court

Name

Date of Retirement

James Carroll

12/04/1995

Gerard Buchanan

28/08/1996

Diarmuid P. Sheridan

13/03/1998

Anthony G. Murphy

01/09/2001

John F Buckey

07/10/2001

Kieran O’Connor

02/11/2001

John Clifford

12/05/2002

Dominic Lynch

05/10/2002

Liam Devally

17/10/2002

Brian Curtin

13/11/2006

District Court

Name

Date of Retirement

Patrick Brennan

02/04/1995

Maura Roche

25/08/1996

Mary Kotsonouris

14/10/1996

Aiden O’Donnell

05/08/1998

Thelma King

30/08/1998

Brenda Wallace

11/07/1999

John P Delap

08/08/1999

Bernard M Brennan

20/08/1999

Daniel Shields

06/08/1999

Timothy Crowley

12/03/2001

Albert O’Dea

18/07/2001

Gillian Hussey

13/04/2002

Brian Kirby

18/05/2002

James O’Sullivan

04/08/2002

John Garavan

30/09/2003

Michael Connellan

04/04/2005

Michael O’Leary

08/05/2006

John O’Donnell

29/09/2006

Residency Permits.

Bernard J. Durkan

Question:

485 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [8901/08]

I refer the Deputy to Parliamentary Question No. 684 of Tuesday 21 March 2006 and the written reply to that Question.

The person concerned arrived in the State on 2 February 2005 and applied for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 September 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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 he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Joe McHugh

Question:

486 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the position regarding a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [8909/08]

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 September 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.

Garda Operations.

Enda Kenny

Question:

487 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform if gardaí in the Dublin region have the use of trained search dogs for drug investigations; if so, the number of such dogs available; the number of gardaí who have been trained to use the dogs; the regularity with which these dogs are used; and if he will make a statement on the matter. [8929/08]

I have been informed by the Garda Authorities that the number of dogs attached to the Garda Dog Unit, which is based in the Dublin Metropolitan Region but operates nationwide, is twenty-eight (28), which can be broken into the following categories:

Category

Number

General

15

Drugs and Firearms

6

Explosives

4

Tactical Search

1

Victim Recovery

2

Four Garda handlers, with eight dogs, four of which are specialised in drug detection, are allocated for operational duties specifically in the Dublin Metropolitan Region. In 2007, the Garda Dog Unit attended 543 drug-related incidents (nationwide), while also available for general patrol duties, covert operations and assisting, as a deterrent, with public disorder incidents, checkpoint duties involving searches of vehicles and other security-related duties. To date in 2008, the Garda Dog Unit has attended over 130 drug-related incidents and searches.

Garda Deployment.

Willie Penrose

Question:

488 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if, in view of the significant increase in population in Kinnegad, County Westmeath over the past five years, and the continuing increase in the said area, he will consider allocating increased Garda resources to the Kinnegad area and in particular to ensure the provision of more Gardaí on the beat in the area; and if he will make a statement on the matter. [8933/08]

I have been informed by the Garda Commissioner that the personnel strength of Kinnegad Garda Station on 31 January, 2008 (the latest date for which figures are readily available) was 7. Kinnegad Garda Station forms part of the Mullingar Garda District. The personnel strength of Mullingar Garda District on 31 January, 2008 was 121.

The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaí is due to take place on 13 March next. In that regard, the needs of Kinnegad Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Decentralisation Programme.

Olwyn Enright

Question:

489 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform when the Garda Ombudsman’s Office will decentralise to Roscrea, County Tipperary; the timeframe for the move; if accommodation has been found in Roscrea for same; and if he will make a statement on the matter. [8946/08]

As part of my Department's Decentralisation Programme, a regional office of the Garda Ombudsman Commission is scheduled to open in Roscrea in 2009. I understand that the Office of Public Works is finalising its examination of possible property solutions in order to meet the Commission's accommodation requirements by the target date.

Residency Permits.

Denis Naughten

Question:

490 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of applications granted and the number refused leave to remain in each month over the past 30 months; the average waiting time for a decision on an application for leave to remain; and if he will make a statement on the matter. [8956/08]

I presume that the Deputy is referring to applications for Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 as amended. An application for Leave to Remain in the State in these circumstances arises where a non-national is served with a notice of intent to deport under section 3 (3) (a) of the Immigration Act, 1999, as amended. A person served with such a notice of intent to deport is afforded three options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead.

I should also mention that a person who has been refused refugee status and has been served with a notice of intention to deport is, since 10 October 2006, afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.

In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3 (6) of the Immigration Act, 1999, as amended and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned. Each case is considered in the context of its own individual circumstances and merits; and statistics are not maintained as to the duration of the consideration process in respect of each application, as no two applications are the same.

The numbers granted Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 as amended, and the numbers in respect of whom Deportation Orders were signed over the past 30 months are set out in the table below:

Numbers Granted Leave to Remain***

Numbers in respect of whom Deportation Orders have been signed

2008

January

109

83

2007

December

67

0

November

47

28

October

17

72

September

28

60

August

79

76

July

96

39

June

103

12

May

134

58

April

209

48

March

24

15

February

20

2

January

30

7

2006

December

21

25

November

34

13

October

30

129

September

7

44

August

21

159

July

23

148

June

16

123

May

15

156

April

16

98

March

9

194

February

8

181

January

16

299

2005

December

19

133

November

19

249

October

10

24

September

19

272

August

11

60

Total

1,257

2,807

(***There is a slight margin of variation in the leave to remain granted figures for recent years due to updated data transfer to the information management system.)

Asylum Support Services.

Denis Naughten

Question:

491 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average cost of board and accommodation for each asylum seeker; the average cost of medical services for each applicant; the average cost of the provision of other services; the rate of payment made to each adult and each child in direct provision; and if he will make a statement on the matter. [8957/08]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers while their application for asylum is being processed. The number of asylum seekers in RIA accommodation can change on a day to day basis. At 31 December 2007, 6,625 asylum seekers were being accommodated. In 2007, the total amount paid by the RIA in respect of board and accommodation was €79.084 million.

Based on these figures, it is possible to estimate a mean average cost of board and accommodation of €11,937 per asylum seeker per year. This figure covers accommodation in direct provision centres as well as a small number of self-catering facilities. It does not include pre-school costs, costs in relation to a number of utility services in some State-owned centres, transportation costs in respect of dispersal of asylum seekers, payments to the Health Service Executive in respect of separated children seeking asylum and some miscellaneous payments.

The rate of the Weekly Supplementary Welfare Payment to Asylum Seekers is €19.10 in respect of adults and €9.60 in respect of each individual child per week. In relation to the cost of medical and other services, the latest information available is for 2006 and is detailed in the following paragraphs.

The Department of Health and Children reports expenditure of €9.09m in the areas of General Practitioner services and drugs, medical screening and maternity services. According to that Department, no distinction is made in relation to costs incurred in the provision of maternity and medical screening services to asylum seekers and other non-Irish nationals.

The Department of Education and Science reports expenditure of €48.14m in the provision of additional resources to primary and secondary schools attended by non-national children with significant English-language difficulties. The details supplied make no distinction between the children of asylum seekers and those of other non-nationals.

The Department of Social and Family Affairs reports expenditure of €68.01m in respect of the provision of Supplementary Welfare Allowance, Rent Supplement, exceptional needs payments, Child Benefit and Direct Provision. With regard to the figures supplied by that Department concerning supplementary welfare allowance, rent supplement and exceptional needs payment, while the vast bulk of the expenditure relates to asylum seekers, there may be some expenditure attributable to other persons (e.g. former asylum seekers and persons granted refugee status). In addition to the allowances mentioned, a number of asylum seekers are in receipt of other allowances such as unemployment assistance, disability, and one parent family allowances.

The Office of Public Works reports expenditure of €0.41m in 2006 under the general heading of construction and maintenance of properties. The Chief State Solicitor's Office reports expenditure of €2.01m incurred through payments made to Counsel defending asylum proceedings. My Department incurred expenditure of €7.73m in respect of the provision of refugee legal services and €52.21m, representing the total cost of running the Irish Naturalisation and Immigration Service, which includes services across the asylum and immigration areas.

Asylum Applications.

Denis Naughten

Question:

492 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of applications granted and the number refused asylum in each month over the past 30 months; the average waiting time for a decision on an application for asylum; and if he will make a statement on the matter. [8958/08]

The information requested by the Deputy in relation to the number of recommendations to grant and refuse refugee status for each of the past 30 months (August 2005 to January 2008) is set out in the table below.

Recommendations to grant and refuse refugee status at first instance and appeal stage — August 2005 to January 2008

Month

No. of recommendations to grant refugee status at first instance and appeal stage

No. of recommendations to refuse refugee status at first instance and appeal stage

Aug-05

76

608

Sep-05

83

577

Oct-05

64

501

Nov-05

74

548

Dec-05

37

301

Jan-06

55

567

Feb-06

77

618

Mar-06

46

544

Apr-06

69

462

May-06

64

438

Jun-06

57

466

Jul-06

57

423

Aug-06

35

383

Sep-06

45

403

Oct-06

65

370

Nov-06

52

483

Dec-06

26

303

Jan-07

56

422

Feb-07

31

346

Mar-07

46

505

Apr-07

50

345

May-07

47

474

Jun-07

39

361

Jul-07

46

459

Aug-07

48

440

Sep-07

56

387

Oct-07

77

448

Nov-07

48

462

Dec-07

35

312

Jan-08

65

509

Total

1,626

13,465

Timescales for the processing of asylum applications

Asylum applications are considered under the provisions of the Refugee Act 1996 (as amended), at first instance by the Office of the Refugee Applications Commissioner (ORAC) and at appeal stage by the Refugee Appeals Tribunal (RAT). The length of time taken to process asylum applications differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

The Office of the Refugee Applications Commissioner

In terms of the average timescales to process Prioritised cases at first instance, an interview date is usually scheduled within 9-12 working days from the date of the initial application. These applications are normally finalised within a further 5-8 working days, giving an average processing time of 17-20 working days from the date of application. In the case of Non-prioritised cases, an interview date is usually scheduled approximately 16-18 weeks from the date of the initial application. These applications are normally finalised within a further 4-5 weeks, giving a total processing time of 20 -23 weeks from the date of application.

Some cases will take significantly longer to complete for example due to medical reasons, non-availability of interpreters or because of judicial review proceedings. Some cases are also more complex than others with applicants coming from over 90 different countries. ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons.

The Refugee Applications Commissioner continues to keep the procedure for processing applications for refugee status in that Office under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation to be made, without compromising on applicants rights to a fair and balanced examination of their case.

The Refugee Appeals Tribunal

The average length of time taken by the Tribunal to process and complete Substantive appeals is 21 weeks. The average length of time taken by the Tribunal to process and complete Accelerated appeals (appeals on papers only) is 8 weeks. The average length of time taken by the Tribunal to process and complete appeals for Prioritised cases is 9 weeks.

While many appeals are completed in a shorter time span than above, many factors such as adjournments, postponements, judicial reviews and requests by legal representatives for access to previous Tribunal decisions can impede the Tribunal from completing cases earlier. High quality, consistent and fair decision making in all cases continues to be a high priority in the Tribunal.

Improvements in Processing Timescales

The Office of the Refugee Applications Commissioner has made significant progress in the processing of asylum applications since the creation of the office in November 2000. In November 2000, when the ORAC was established, there were over 9,400 applications awaiting decision at first instance. As at the 31st January 2008, there were 1,272 outstanding applications awaiting a recommendation by ORAC. Of these, only 171 cases were on hands over 6 months.

The RAT has also made significant progress in the processing of asylum applications since the creation of the office in November 2000. Prior to the establishment of the RAT, substantive appeals took on average 36 weeks to complete. As already indicated, the average processing timescale for substantive cases is 21 weeks and 9 weeks for prioritised cases.

As at the 31st January 2008, there were 3,221 appeals outstanding in the Tribunal. Of these 3,221 outstanding appeals, 2,007 were on hands over six months. A large volume of the appeals outstanding more than 6 months in the Refugee Appeals Tribunal is due to the delay in processing appeals pending the granting of access to Tribunal Decisions following the Supreme Court judgement (in the Atanasov case) on the matter. Following the judgement the RAT set up a comprehensive data bank of previous decisions of the Tribunal, suitably redacted, which is readily available for access by legal representatives of applicants. This data bank, along with other measures being applied by RAT, will be of considerable assistance in clearing the current backlog of cases.

Denis Naughten

Question:

493 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the provisions in the Immigration, Residence and Protection Bill 2008 that will apply to existing asylum and leave to remain applications; and if he will make a statement on the matter. [8959/08]

Part 9 of the Immigration, Residence and Protection Bill 2008 contains the provisions which deal with these matters.

Asylum Support Services.

Denis Naughten

Question:

494 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will reply to a request from a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [8960/08]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers through the Government policy of direct provision. The RIA provides full direct provision accommodation in the majority of its accommodation centres but has a limited supply of ‘self-catering' accommodation such as that provided at Station House apartments, Ballaghaderreen.

The person referred to applied for asylum on 8 April, 2004. She is one of a family of four, comprising 2 parents and 2 children. She was provided with accommodation at Station House apartments in October, 2006 along with her eldest child. Her husband joined her at a later date and their youngest child was born while at her current accommodation.

I am informed that the RIA received a transfer request from this family on 5 February, 2008. The transfer request raises a specific issue in respect of school access which the RIA is investigating as part of its overall consideration of the case. Additional correspondence associated with the request refers to the necessity to share facilities, such as a kitchen and bathroom, with other residents in the centre. The sharing of such facilities is a normal feature of much of the self-catering accommodation available to RIA.

A considered response will issue directly to the person concerned in due course but it should be noted that any transfer to alternative self-catering accommodation would also involve the sharing of facilities. Moreover, RIA has a very limited supply of such self-catering accommodation and, if the request is to be facilitated at all, it may be in a position to offer only normal direct provision accommodation to this family. This would involve the family living in full-board accommodation with no access to a kitchen and a return to direct provision allowance payments.

Residency Permits.

Mattie McGrath

Question:

495 Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform the status of an application for residency under subsidiary protection of a person (details supplied) in County Tipperary; if he will confirm that his Department is in receipt of same; if so, if the application will be assessed as soon as possible; and if he will make a statement on the matter. [9038/08]

I refer the Deputy to the written reply to Question No. 568 of 12 February 2008. The person concerned and her three children arrived in the State on 31 May 2005 and applied for asylum on 8 June 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 May 2006, that the Minister proposed to make a deportation order in respect of her and her children. She was given the options, to be exercised within 15 working days, of 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 she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision. In relation to Subsidiary Protection, my Department's records show that, to date, no application for Subsidiary Protection, in accordance with the European Communities (Eligibility for Protection) Regulations (S.I. No. 518 of 2006), has been received from or on behalf of the person concerned.

Road Safety.

Finian McGrath

Question:

496 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the reason section 17 of the Rules of the Road which states the obligations of cyclists towards pedestrians, particularly in Talbot Street and Mary Street where cyclists wind their way through pedestrians, is not in force. [9039/08]

The rules of the road derive from road traffic legislation which is a matter for my colleague, the Minister for Transport.

Citizenship Applications.

Mattie McGrath

Question:

497 Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation by a person (details supplied) in County Tipperary; when a decision will be made on the application; and if he will make a statement on the matter. [9040/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship section of my Department in July 2006. Officials in that section are currently processing applications received in mid 2005 and have approximately 6,600 applications on hand to be dealt with before that of the person in question. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in early 2009. I will inform the Deputy and the person concerned when I have reached a decision on the matter.

Asylum Applications.

Tom Sheahan

Question:

498 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the circumstances regarding the rights of a person (details supplied) in County Waterford to stay in Ireland; and if he will make a statement on the matter. [9091/08]

The person concerned, accompanied by her two children, arrived in the State on 19 May 2004 and made an application for asylum. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 August 2005, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned, including representations in the matter referred to by the Deputy, and these representations will be fully considered before the file is passed to me for decision.

Citizenship Applications.

Ulick Burke

Question:

499 Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the status of citizenship applications (details supplied) received in his Department; and if he will make a statement on the matter. [9108/08]

Applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship section of my Department in April 2000. The files were forwarded to my predecessor in August 2002 and he decided to refuse the applications. The applicants were informed of this in a letter issued via their solicitor on 20 August 2002. It is open to the persons in question to lodge new applications if and when they are in a position to meet the statutory requirements applicable at that time.

Garda Strength.

Billy Timmins

Question:

500 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the number of fully qualified gardaí serving as of 1 February 2008; the number of Garda recruits currently in training; the number of same accommodated in the training centre at Templemore; the location where the remainder are being accommodated; and if he will make a statement on the matter. [9093/08]

The attested strength of the Garda Síochána as at 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. Some 747 student gardaí are in training at Templemore at present. Of these, 341 are being accommodated in the Garda College. The remaining 406 student gardaí are living in rented private accommodation in the environs of the Garda College, Templemore.

Questions Nos. 501 and 502 answered with Question No. 111.

Citizenship Applications.

Peter Power

Question:

503 Deputy Peter Power asked the Minister for Justice, Equality and Law Reform when he expects a decision to be made on the application by a person (details supplied) in County Limerick for the honour of receiving Irish citizenship; and if he will make a statement on the matter. [9117/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship section of my Department in November 2006. Officials in that section are currently processing applications received in mid 2005 and have approximately 8,300 applications on hand to be dealt with before that of the person in question. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in mid-2009. I will inform the Deputy and the person concerned when I have reached a decision on the matter.

Garda Charter.

Pat Rabbitte

Question:

504 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when he expects to introduce the Garda charter, promised in the Programme for Government, setting out targeted Garda response times and levels of service which the public can expect; and if he will make a statement on the matter. [9120/08]

The policing priorities for 2008 which I set for the Garda Síochána include as a priority, "To increase the level of high visibility patrols, including through greater use of marked vehicles, linked to the development during 2008 of a Garda Charter which will set out targeted response times and levels of service, including frequency of high visibility patrols." This priority has been incorporated into the Annual Policing Plan for 2008 by the Garda Commissioner who has set a target for its development later this year. Officials of my Department are engaged with both the Garda Síochána and the Garda Síochána Inspectorate on preparatory work in this regard.

Garda Operations.

Pat Rabbitte

Question:

505 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when it is intended to increase the Garda search powers, promised in the Programme for Government, in relation to drug crime along the lines of the new random breath-testing model for drink driving to allow random searches at particular places, times and events where senior Gardaí believe there is a risk of drugs being present; and if he will make a statement on the matter. [9121/08]

The 2008 Policing Priorities for the Garda Síochána, which I set earlier this year under the Garda Síochána Act 2005, provide for enhanced activity by the Garda Drugs Unit and by gardaí generally focusing in particular on places where drug dealing and the use of illicit drugs is likely. The Garda has been targeting places of this kind and it intends to intensify that activity. Its efforts in this regard are underpinned by its extensive search powers under the Misuse of Drugs Act 1977 and the Criminal Justice (Drug Trafficking) Act 1996. Section 23 of the 1977 Act allows a member of the Garda Síochána with reasonable cause to suspect that a person is in possession of a controlled drug, to search without warrant that person, and any vehicle, vessel or aircraft in which he suspects that such drugs may be found. Section 27 of the same Act empowers a member of the Garda who has reasonable grounds for suspicion to apply to a District Court judge or a peace commissioner for a warrant to enter particular premises and search them. Section 8 of the 1996 Act makes provision for a Garda superintendent to issue such a search warrant in cases of urgency. The search powers referred to above are in addition to the general powers in relation to search warrants which are set out in section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997, as amended by section 6 of the Criminal Justice Act 2006. I am aware that any significant extension of Garda search powers beyond those already available gives rise to consideration of highly sensitive issues, including ones of constitutional importance. In this regard I am thinking, for example, of Article 40.3 (personal rights) and 40.5 (inviolability of a dwelling) of the Constitution. I am therefore approaching the commitment in the Government Programme with those considerations in mind. My aim is that any new powers will be capable of withstanding Constitutional scrutiny. As the complexity and sensitivity of the issues involved I am unable to say at this stage when proposals will be available.

Road Traffic Accidents.

Pat Rabbitte

Question:

506 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if, in respect of a fatal accident (details supplied), where charges against the other party for leaving the scene of the crime have been dropped without explanation to the deceased person’s family, he is satisfied that this refusal to explain is consistent with the victims charter; the rationale for this refusal; and if he will make a statement on the matter. [9122/08]

As the Deputy is aware I have no role in the investigation, prosecution or trial of alleged offences. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP.

Citizenship Applications.

Pat Rabbitte

Question:

507 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the position regarding the applications for citizenship by persons (details supplied); and if he will make a statement on the matter. [9123/08]

My Department has been engaged in extensive correspondence over the last number of years in relation to the question of Irish citizenship for the three individuals concerned and the broader issue of Irish citizenship for Argentinian nationals of Irish descent. The great-grandchildren of people born in Ireland can obtain Irish citizenship by registering in the Foreign Births Register provided either of their parents had at the time of their birth acquired Irish citizenship through registration in the Foreign Births Register. There is one exception to that rule. If one parent had registered in the Foreign Births Register prior to 31 December 1986, their child can register if the parent had not registered at the time of that person's birth. If persons are not entitled to Irish citizenship in these circumstances, they can apply for Irish citizenship through naturalisation. Such applications are considered under the Irish Nationality and Citizenship Acts 1956-2004. The applicant must fulfil certain statutory requirements including requirements in relation to residency. However, I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances — for example, where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. The three people referred to in the Deputy's question lodged applications for naturalisation in 2002. Having considered all of the information available at that time, the three applications were refused. It is, of course, open to the individuals to apply again for naturalisation at any time in the future. Any such applications will be considered in the context of the legislation in force at that time.

Emmet Stagg

Question:

508 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for a certificate of naturalisation by a person (details supplied) in County Kildare; if his attention has been drawn to the fact that there is a three year waiting list for such decisions; his proposals to reduce or eliminate the waiting list; the details of same; and if he will make a statement on the matter. [9129/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship section of my Department in August 2007. Officials in that section are processing applications received in mid-2005 and have approximately 14,200 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in the first half of 2010. I will inform the Deputy and the person in question when I have reached a decision on the matter. I share the Deputy's concerns that the existing processing time of 30 months for applications for certificates of naturalisation is excessive but this is primarily due to the significant increase in the volume of such applications received in the last number of years. The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria. The procedures involved in the processing of applications have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. I have recently allocated additional resources to the Citizenship section of my Department so that several categories of applicant can be dealt with more expeditiously than at present. These include refugees, spouses of Irish citizens and applications made on behalf of minors.

Sentencing Policy.

James Reilly

Question:

509 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform if, taking into account the comments of a member of the Judiciary recently reported in the media, contesting the fine of €3,000 for smoking cigarettes to the fine of €100 for smoking or possession of cannabis, he has plans to bring the cannabis fine up to a more realistic effective level as the very low €100 fine seems to indicate a State tolerance of the smoking of cannabis; and if he will make a statement on the matter. [9135/08]

The State does not take a benign view of the possession of cannabis for personal use. This is borne out by the large number of successful prosecutions annually for simple possession of controlled drugs and by the significant seizures of cannabis made by the Garda authorities, €11.72 million (provisional figures) so far this year. Section 3 of the Misuse of Drugs Act 1977 provides that possession of a controlled drug (which includes cannabis and cannabis resin) is a criminal offence. Section 27 of the 1977 Act as amended by section 6 of the Misuse of Drugs Act 1984 sets out the maximum penalties for this offence and in doing so draws a distinction between cannabis and cannabis resin and any other controlled drugs. Section 27(1) sets out a tiered system of penalties where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of the controlled drug for his or her personal use. The system of penalties is as follows:

Summary conviction

Conviction on indictment

First offence

Fine not exceeding €380.92 (£300)

Fine not exceeding €634.87 (£500)

Second offence

Fine not exceeding €507.90 (£400)

Fine not exceeding €1,269.74 (£1,000)

Third or subsequent offence

Fine not exceeding €1,269.74 (£1,000) and / or imprisonment for a term not exceeding 12 months

Fine and/or imprisonment for a term not exceeding 3 years

I will draw the Deputy's comments to the attention of my colleague, the Minister for Health and Children, who has primary responsibility for the Misuse of Drugs Act 1977.

Citizenship Applications.

Pat Rabbitte

Question:

510 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if the Garda National Immigration Bureau keeps statistics on the number of non-EEA nationals to whom it granted a stamp 4 based on marriage to an Irish citizen; the relevant numbers for the past four years; and if he will make a statement on the matter. [9141/08]

I understand from the Garda authorities that as of 29 February 2008, some 8,819 people had been given permission to remain in the State under stamp 4 conditions on the basis of marriage to an Irish Citizen. It is not possible to give a break down of this figure on a year-by-year basis. The permission is usually granted for periods of not longer than five years.

Drug Seizures.

John O'Mahony

Question:

511 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of heroin seized in Mayo for each of the years 2002 to 2007; and if he will make a statement on the matter. [9154/08]

John O'Mahony

Question:

512 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of cocaine seized in Mayo for each of the years 2002 to 2007; and if he will make a statement on the matter. [9155/08]

John O'Mahony

Question:

513 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of cannabis seized in Mayo for each of the years 2002 to 2007; and if he will make a statement on the matter. [9156/08]

John O'Mahony

Question:

514 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of ecstasy seized in Mayo for each of the years 2002 to 2007; and if he will make a statement on the matter. [9157/08]

I propose to take Questions Nos. 511 to 514, inclusive, together.

I am informed by the Garda authorities that the following table provided by the Forensic Science Laboratory shows the quantities of heroin, cocaine, cannabis and ecstasy seized for the years 2002 to 2007 within Mayo Garda Division:

Drug

2007

2006

2005

2004

2003

2002

Heroin

3.8 grms

0.2 grms

Cocaine

20 grms

42 grms

1.8 grms

12 grms

0.07 grms

1.8 grms

Cannabis

469 grms

3.5 grms

12 grms

1.5 grms

13 grms

80 grms

Cannabis Resin

1,505 grms

1,674 grms

929 grms

868 grms

684 grms

1,106 grms

Ecstasy

3,969 tablets

404 tablets

941 tablets

650 tablets

616 tablets

878 tablets

The statistics provided for 2007 are operational, provisional and may change. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in the Garda Síochána's Policing Plan for 2008.

Garda Investigations.

Finian McGrath

Question:

515 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if information (detail supplied) is accurate. [9166/08]

All people with information regarding the commission of an offence are encouraged to provide this information to the Garda Síochána. To facilitate this, the Garda authorities have introduced policy and practices which reflect best international practice for the management and use of intelligence sources. The Deputy will appreciate that it is not the practice and it would be contrary to the public interest to comment on the specifics of the operation of the arrangements for managing intelligence sources. To do otherwise could potentially adversely affect ongoing and future Garda operations. I can confirm, however, that in dealing with persons who willingly assist the Garda Síochána in the investigation of criminal activity, the Garda authorities operate strictly within the parameters of the law. In this regard, where an offence is disclosed, every person without exception is subject to investigation, and it is then a matter for the Director of Public Prosecutions to decide whether proceedings should be commenced.

Question No. 516 answered with Question No. 119.

Garda Retirement.

Charles Flanagan

Question:

517 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate that members of An Garda Síochána would continue in full-time employment as Gardaí upon reaching the age of 60; and if he will make a statement on the matter. [9192/08]

Pat Rabbitte

Question:

518 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if he has plans to raise compulsory retirement age for senior Garda officers from its level of 60; if he is satisfied that the compulsory retirement age is consistent with obligations under equality law and anti-discrimination measures; and if he will make a statement on the matter. [9195/08]

I propose to take Questions Nos. 517 and 518 together.

I believe that the compulsory retirement age of 60 within the Garda Síochána is fully consistent with the law on equality and anti-discrimination. While I have no proposal to raise this age limit, a claim to have it extended to 63 for superintendents and chief superintendents has been lodged with the Garda Conciliation and Arbitration Council. The official side will of course discuss this claim and its implications, including its implications for career development and progression within the Force and the favourable early retirement terms currently available to all members.

Closed Circuit Television Systems.

Denis Naughten

Question:

519 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will provide an update to Parliamentary Question No. 483 of 18 December, 2007; and if he will make a statement on the matter. [9230/08]

Further to Parliamentary Question No. 483 of 18 December 2007, I am informed by the Garda authorities that the contract for the installation of a Garda CCTV system in Athlone was signed in January of this year. An Garda Síochána expects installation of the system to be completed later this year subject to planning permissions, wayleaves and any civil works required.

Citizenship Applications.

Bernard J. Durkan

Question:

520 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a green card will issue to a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9238/08]

I refer the Deputy to Parliamentary Question No. 134 of Thursday 23 November 2006 and the written reply to that Question.

The person concerned arrived in the State on 10 October 2003 and made an application for asylum. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 18 August 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of 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 she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Question No. 521 answered with Question No. 123.

Garda Operations.

Bernard J. Durkan

Question:

522 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which information and co-operation is available to An Garda Síochána from other police forces throughout European or worldwide with a view to bringing to justice Irish criminals domiciled at various exotic locations overseas; if he has initiated discussions in this regard with his EU colleagues; and if he will make a statement on the matter. [9240/08]

Bernard J. Durkan

Question:

524 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if An Garda Síochána are receiving full co-operation from the various police forces throughout Europe with particular reference to tracking criminals on the run; and if he will make a statement on the matter. [9242/08]

I propose to take Questions Nos. 522 and 524 together.

I have been informed by the Garda Authorities that organised criminal gangs operating in this jurisdiction are being targeted on an ongoing basis and profiles of the personnel in such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and a Garda response embraces intelligence-led operations primarily undertaken by An Garda Siochana specialised units such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit and the Criminal Assets Bureau. In addition information relating to these groupings is disseminated on a regular basis to Europol at The Hague.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other Jurisdictions. Where intelligence, supported by evidence, is available, law enforcement agencies in other Jurisdictions put operations in place, as appropriate, to prevent and detect such criminality. To facilitate cooperation with other law enforcement agencies, An Garda Síochána has posted Liaison Officers to a number of centres throughout Europe.

Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad, and where the particular legal requirements apply, extradition is sought or application is made for a European Arrest Warrant.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform. Requests for Assistance may also be dealt with on the basis of reciprocity where certain jurisdictions may not be a party to specific conventions.

Bernard J. Durkan

Question:

523 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Irish criminals wanted by An Garda Síochána on foot of various crimes but who are overseas and who appear to be beyond justice; and if he will make a statement on the matter. [9241/08]

It is difficult to assess the number of those suspected of involvement in criminal activity living overseas particularly as there is free movement of persons within the European Union. Where information exists that a person, who is wanted in relation to a particular crime in this jurisdiction, is living abroad and where the particular legal requirements apply, surrender of the person from the relevant Member State of the European Union or extradition from the relevant country are sought in accordance with the provisions of the European Arrest Warrant 2003 as amended or Part II of the Extradition Act 1965 as amended.

Currently there are 63 active requests for surrender in accordance with the European Arrest Warrant Act 2003 as amended. Since the coming into operation of this Act on 1 January 2004, 63 persons have been surrendered to Ireland on foot of outgoing European Arrest Warrants.

There are also 4 ongoing extradition requests in accordance with Part II of the Extradition Act 1965 as amended. In addition to the above there are 8 outstanding extradition requests to the United Kingdom under Part III of the Extradition Act 1965 as amended. Part III of the Extradition Act 1965 as amended has been repealed and there have been no Part III requests to the United Kingdom since 2003.

Question No. 524 answered with Question No. 522.

Witness Intimidation.

Bernard J. Durkan

Question:

525 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is intended to introduce special criminal courts with a view to eliminating witness intimidation, confronting serious and violent criminals and protecting the general public; and if he will make a statement on the matter. [9243/08]

Provision already exists for the forwarding for trial in the Special Criminal Court (SCC) of persons accused of both scheduled and non-scheduled offences.

In the case of scheduled offences which are also indictable offences, such persons shall be returned for trial to the SCC unless the Director of Public Prosecutions (DPP) otherwise directs. In the case of non-scheduled offences, such persons can be returned for trial to the SCC upon direction of the DPP. The SCC has already been used in a number of serious non-paramilitary cases. Issues relating to the operation of the SCC in such circumstances are kept under review.

Court Accommodation.

Bernard J. Durkan

Question:

526 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the direction he has given or proposes to give to the Courts Service with a view to ensuring adequate availability of accommodation to meet court requirements in the future; and if he will make a statement on the matter. [9244/08]

Under the Courts Service Act, 1998, the Service is independent in the performance of its functions, which include the management of the courts, and provision, maintenance and management of court buildings. The responsibilities of the Minister for Justice, Equality and Law Reform include ensuring adequate funding for all parts of the criminal justice system, including the courts. In this regard, I am pleased to say that €107 million is provided for the Courts Service in 2008, an increase of 5% on 2007.

Since its establishment, the Service has been extremely successful in transforming the courts system in this State. It is continuing the major programme of work to provide modern 21st century court buildings to all parts of the country. The allocation for Capital works on courthouses this year stands at nearly €30 million.

A new state-of-the-art Criminal Courts Complex in Dublin is being constructed in Parkgate Street and is due for completion in 2010. The building involves the transfer of all Dublin criminal courts and administrative offices from three jurisdictions — District, Circuit and Central — to the new facility and will concentrate all central Dublin criminal business in one serviced location with 22 new courtrooms. This will also mean that the Four Courts will be ‘freed' up for civil business. This development will reduce delays across all the court lists and transform the facilities available to court users, including jury panels and victims.

Last year, courthouse building and refurbishment projects were completed in Tullamore, Bray, Fermoy, Belmullet and in Dolphin House (Dublin). This year, I am advised that projects will be completed in Ardee, Thurles, Clones, Blanchardstown and Gorey. Work will commence in 2008 in Kilkenny, Monaghan, Mullingar, Swinford, Manorhamilton, Wexford, Kilmallock, Killaloe, Youghal and Virginia.

Prisoner Releases.

Bernard J. Durkan

Question:

527 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prisoners on parole, day release or other form of release in the past 12 months on a monthly basis; the number of such persons who were guilty of serious crime; and if he will make a statement on the matter. [9245/08]

The statistics as requested by the Deputy are set out in the table below.

Date

No. on Temporary Release

15 January 2008

186

14 December 2007

168

15 November 2007

240

15 October 2007

132

14 September 2007

114

15 August 2007

200

16 July 2007

189

15 June 2007

162

15 May 2007

131

16 April 2007

155

15 March 2007

140

15 February 2007

102

Figures from 15 January , 2008 indicate that there were 3,518 persons in the prison system, of whom 186 (5.28%) were on temporary release. This compares with a figure of 2,723 persons in the prison system on 20 May, 1996 of whom 536 (almost 20%) were on temporary release.

I am pleased to inform the Deputy that the reason for the significant fall in the percentage of prisoners on temporary release between 1996 and 2008 is because this Government has provided some 1,200 additional prison spaces since 1997. Having said that there will always be a small percentage of prisoners on temporary release at any given time.

Temporary release arrangements operate similarly to a system of parole, which is a feature of prison systems worldwide. They are an important vehicle for reintegrating an offender into the community in a planned way. The generally accepted view is that the risk to the community would be reduced by planned reintegration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made on temporary release applications.

Prisoners are considered for temporary release in various circumstances, for example, release under the direct supervision of the Probation Service; to employment or training programmes; on compassionate release because of ill health or family related circumstances; or for reintegration purposes because they are nearing the end of their sentence.

In relation to the Deputy's request for details of the nature of the offence in respect of each person on temporary release, the compilation of such statistics would require a disproportionate and inordinate amount of staff time and expense to prepare and could not be justified in current circumstances where there are other significant demands on resources. However, as already stated, the safety of the public is paramount when decisions are made on temporary release applications.

Crime Prevention.

Bernard J. Durkan

Question:

528 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which he or his Department can monitor the activities of criminal gangs involved in extortion, protection, money laundering and witness intimidation; the full extent of action he has taken to address this issue; and if he will make a statement on the matter. [9246/08]

I have been informed by the Garda Authorities that An Garda Siochana, in accordance with the priorities determined by the Minister for Justice, Equality and Law Reform pursuant to Section 20 of the Garda Siochana Act, 2005/07, is committed to targeting organised criminal groups engaged in serious crime and those who facilitate the activities of these groupings.

The Garda Siochana Policing Plan 2008 sets out strategic goals which include a commitment to significantly reduce the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in the trafficking of illegal drugs, guns and immigrants into and within the State. Witness intimidation and the laundering of money are integral parts of these Organised Criminal Groups activities and will be targeted as part of the overall strategy against these groups.

Where information comes into the possession of An Garda Síochána indicating the involvement of criminals in the type of activity suggested in the question it is subject to thorough investigation. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

In November 2005 the Organised Crime Unit at the National Bureau of Criminal Investigation was set up to combat the growth of Organised Crime and in particular armed criminal groups. This Unit has been made permanent since January 2008 and has 70 members working proactively targeting the various criminal groups.

The Unit will continue to work closely with other specialist units, including the Garda National Drugs Unit and the Special Detective Unit / Emergency Response Unit, in targeting those suspected of involvement in organised criminal activity. The Organised Crime Unit has identified and profiled suspects associated with the main criminal gangs. Where there is evidence of this type of criminal activity the matter is fully investigated and an Investigation File is submitted to the Law Enforcement Officers.

A number of organised crime groups have been targeted in this manner recently with firearms recovered and drugs seized resulting in a number of people, from these organised groups, being prosecuted and convicted before the Courts.

The intimidation of witnesses is an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence applies to the intimidation of witnesses, jurors or potential jurors or any member of these persons' families. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

The Garda Síochána rigorously and conscientiously enforces the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána with a view to seeking directions from the Director of Public Prosecutions.

Public Order Offences.

Bernard J. Durkan

Question:

529 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of anti social behaviour reported to the Gardaí in each of the past two years in each Garda division throughout the country; the number of successful prosecutions arising therefrom; the number of cases in which no action was taken; and if he will make a statement on the matter. [9247/08]

Bernard J. Durkan

Question:

531 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of anti-social behaviour reported to or through each Garda station in County Kildare in the past two years; the number of prosecutions taken arising therefrom; the number successful, pending or otherwise; and if he will make a statement on the matter. [9249/08]

I propose to take Questions Nos. 529 and 531 together.

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006.

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

Garda Deployment.

Bernard J. Durkan

Question:

530 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the urgent need to substantially increase Garda strength and extend station opening hours at the various Garda stations throughout County Kildare with a view to seriously combating the growth in serious crime; and if he will make a statement on the matter. [9248/08]

As of 31 January 2008, the latest date for which figures are readily available, the personnel strength of the Carlow/Kildare Garda Division was 403. The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaí is due to take place on 13 March next. In that regard, the needs of Garda Stations throughout County Kildare will be fully considered by the Commissioner within the overall context of the needs of Garda Stations and Divisions throughout the country.

The opening hours for each station in the Carlow/Kildare Garda Division are as set out in the table hereunder:

Station

Mon-Fri

Sat

Sun

Naas

24hr

24hr

24hr

Celbridge

10am-6pm, 7pm-9pm

10am-6pm, 7pm-9pm

12md-2pm

Clane

10am-1pm

10am-1pm

12md-2pm

Kill

10am-1pm

10am-1pm

10am-1pm

Maynooth

10am-1pm, 2pm-6pm, 7pm-9pm

10am-1pm

12md-2pm

Kildare

24hr

24hr

24hr

Robertstown

10am-1pm

10am-1pm

10am-1pm

Kilcullen

10am-1pm

10am-1pm

10am-1pm

Monasterevin

10am-1pm

10am-1pm

10am-1pm

Newbridge

24hr

24hr

24hr

Rathangan

10am-1pm

10am-1pm

10am-1pm

Carbury

10am-1pm

10am-1pm

10am-1pm

Carlow

24hr

24hr

24hr

Leighlinbridge

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

Ballon

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

Myshall

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

Muinebheag

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

Athy

9am-10pm

9am-10pm

9am-10pm

Castledermot

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

10am-1pm, 6pm-7.30pm

Baltinglass

24hr

24hr

24hr

Blessington

10am-1pm

10am-1pm

11am-1pm

Dunlavin

3pm-5pm

3pm-5pm

Closed

Hollywood

8pm-10pm

8pm-10pm

Closed

Donard

11am-1pm

11am-1pm

Closed

Shillelagh

11am-1pm

11am-1pm

Closed

Tinahely

3pm-5pm

3pm-5pm

Closed

Hacketstown

11am-1pm

11am-1pm

Closed

Rathvilly

3pm-5pm

3pm-5pm

Closed

Ballymore Eustace

2pm-4pm

2pm-4pm

Closed

Tullow

10am-1pm

10am-1pm

11am-1pm

Ballytore

Mon,Wed, Frid: 7pm-9pm, Tue: 3pm-5pm

7pm-9pm

Closed

Outside of these hours, the call diversion system and Public Access Call Box (P.A.C.B) are in operation and linked to the District Headquarters. Opening hours of non 24 hour Garda Stations are dependent on manpower availability on a daily basis.

An increase in the opening hours of these Stations would necessitate the employment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties.

I recently approved the 2008 Garda Annual Policing Plan and laid it before the Houses of the Oireachtas. It sets out the Commissioner's proposals to realign the boundaries of Garda Divisions around the country to make them coterminous with local authority boundaries. Included in this is a plan to establish a new Garda Division in Kildare. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of Joint Policing Committees. A detailed programme of work is currently being developed by An Garda Síochána to implement these planned changes for various Garda Divisions. This programme of work will also examine the geographical areas of district and sub-district stations arising from the regional and divisional boundary realignments set out in the plan and will set out a timetable for the establishment of the new divisions.

Question No. 531 answered with Question No. 529.

Crime Prevention.

Bernard J. Durkan

Question:

532 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action being taken to combat the activities of organised criminal gangs in the counties adjoining Dublin; the extent to which protection, racketeering or money laundering is being combated; the extent to which drug barons have extended their empires into these areas; his proposals to increase Garda strength to combat such issues; and if he will make a statement on the matter. [9250/08]

I have been informed by the Garda Authorities that An Garda Síochána, (in accordance with the priorities determined by the Minister for Justice, Equality and Law Reform pursuant to Section 20 of the Garda Síochana Act, 2005/07) is committed to targeting organised criminal groups engaged in serious crime and those who facilitate the activities of these groupings.

The Garda Siochana Policing Plan 2008 sets out strategic goals which include inter alia a commitment to significantly reduce the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in the trafficking of illegal drugs, guns and immigrants into and within the State. Witness intimidation and the laundering of money are integral parts of these Organised Criminal Groups activities and will be targeted as part of the overall strategy against these groups.

Where information comes into the possession of An Garda Síochána indicating the involvement of criminals in the type of activity suggested it is subject to thorough investigation. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

An Garda Síochána utilises intelligence-led operations to target organised crime gangs. All available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units to target particular groups. Organised Crime is being targeted on a number of fronts, involving Gardaí overtly and covertly disrupting known criminals in the course of criminal activities. Specialist units from National Support Services are also assisting in these operations and deal with the different aspects of this type of criminal activity. A number of organised crime groups have been targeted in this manner recently with firearms recovered and drugs seized resulting in a number of people, from these organised groups, being prosecuted and convicted before the Courts.

In November 2005 the Organised Crime Unit at the National Bureau of Criminal Investigation was set up to combat Organised Crime and in particular armed criminal groups. This Unit now comprises of 70 members working proactively targeting the various criminal groups throughout the city. In January of this year the Commissioner announced the establishment of this unit on permanent basis. At present an evaluation of the unit structure and its remit is being undertaken.

The Unit will continue to work closely with other specialist units, including the Garda National Drugs Unit and the Special Detective Unit / Emergency Response Unit, in targeting those suspected of involvement in organised criminal activity. The Organised Crime Unit has identified and profiled suspects associated with the main criminal groups. Where there is evidence of this type of criminal activity the matter is fully investigated and an Investigation File is submitted to the Law Officers.

Operation ‘Anvil' commenced in the Dublin Metropolitan Region in 2005 and was expanded regionally during 2006. It is an intelligence-led policing initiative, the focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity, through extensive additional overt patrolling, static checkpoints, by uniform mobile and foot patrols, supported by armed plain-clothes patrols, in conjunction with other, covert, operations.

The National Bureau of Criminal Investigation is also closely involved in Operation ‘Anvil', particularly within the DMR. This operation has also successfully targeted a number of criminal gangs involved in gun crime. The Criminal Assets Bureau is being actively utilised to identify and target assets accumulated by criminals, in order to seize such assets and to deprive the criminals of the profits of their criminal activity. The Garda National Drugs Unit liaises closely with the Criminal Assets Bureau to target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness.

Question No. 533 answered with Question No. 123.

Road Traffic Accidents.

Bernard J. Durkan

Question:

534 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which he has studied the cause or causes of the various road traffic accidents throughout the country since the inception of the procedure; the most common causes; the action taken or proposed to address the issue; and if he will make a statement on the matter. [9252/08]

I have no responsibility in respect of the matter raised by the Deputy. The Road Safety Authority which comes under the aegis of the Department of Transport has responsibility for, inter alia, accident and road safety research.

Prisoner Transfers.

Michael Noonan

Question:

535 Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform if his Department or the Prison Board is inviting tenders for the supply of transport between courts and prisons from taxi owners; if so, the terms of reference of the tender competition; and if he will make a statement on the matter. [9435/08]

The Irish Prison Service is currently inviting tenders for transport services within the environs of Limerick City and County areas and occasionally further afield, as the need may arise. The deadline for receipt of tenders is Tuesday 15th April 2008 and full details of the tender competition are advertised on the e-Tenders Public Procurement website: http://www.e-tenders.gov.ie

In respect of the transport of prisoners, the policy is for such escorts to be carried out wherever possible by the Prison Service Escorts Corp, using Prison Service vehicles.

Energy Conservation.

Andrew Doyle

Question:

536 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9446/08]

I can inform the Deputy that my Department adopts a range of practical common sense measures to reduce energy use and encourages staff to avail of all opportunities to reduce wastage within its offices.

I can also inform the Deputy that my Department is participating in the recently launched Office of Public Works programme entitled ‘Optimising Power @ Work, Staff Energy Awareness Campaign'. This project aims to conserve energy in State Buildings and has as its objective a 15% reduction of CO2 emissions in all of the targeted State Buildings. The aim of the programme is to engage staff in all offices through a series of lectures, seminars and a poster campaign. It is intended that regular reports will be circulated to all staff to update them on the latest initiatives under the plan and on energy use and savings achieved during the preceding period.

In advance of this central initiative, the Irish Naturalisation and Immigration Services (INIS) Division of my Department, whose offices are in Burgh Quay, Dublin 2, have already introduced a voluntary energy saving initiative which began in July 2007. The initiative has achieved substantial energy savings and has in fact been identified by Sustainable Energy Ireland (SEI) as an example of organisation which has made unique energy savings.

Pension Provisions.

Liz McManus

Question:

537 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if, in relation to local authority widows and orphans fund, widowers are treated equally to widows with regard to pension qualification. [8894/08]

Pension cover for spouses and children was first introduced for certain male employees of local authorities in 1969. This was extended to all employees, male and female, in 1984. The pension benefits and contributions payable under the local authority spouses and children's pension schemes are the same for male and female employees.

Private Rented Accommodation.

Richard Bruton

Question:

538 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the terms of reference of the review which he has initiated on the regulation of the private rented sector; if he has made decisions on the introduction of new obligations on landlords to maintain the external appearance of their properties to a reasonable standard and to ensure reasonable compliance with all other obligations of good neighbourliness; and if he will make a statement on the matter. [9658/08]

Richard Bruton

Question:

573 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he has undertaken a review of the obligations of landlords to maintain their properties in a good condition in order that it does not detract from the amenity of neighbours; if he will introduce new legal requirements on landlords; if he is satisfied with the existing level of enforcement of obligations of landlords in respect of minimum accommodation standards, issuance of contracts and rent books; and if he will provide the latest information on inspection and enforcement activity. [9229/08]

Ciaran Lynch

Question:

574 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of legal actions initiated by each local authority against the owners of private rented dwellings in each year since 2000; and if he will make a statement on the matter. [9327/08]

Ciaran Lynch

Question:

575 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he is satisfied that council rented dwellings are inspected by the local authority which owns the property and that the supplier of the service and the enforcer of the standards is one and the same body; and if he will make a statement on the matter. [9328/08]

Ciaran Lynch

Question:

576 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the standards set by the Housing (Standards for Rented Houses) Regulations 1993 are appropriate today; his views on whether greater sanctions should be set for breaches that give rise to immediate health and safety risks; and if he will make a statement on the matter. [9329/08]

Ciaran Lynch

Question:

577 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government his views on whether the sanctions applied in the event of a breach of the Housing (Standards for Rented Houses) Regulations 1993 should act as a deterrent; if penalties are reviewed regularly to maintain the deterrent effect; and if he will make a statement on the matter. [9330/08]

Ciaran Lynch

Question:

579 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of private rented dwellings inspections initiated by each local authority rather than as a result of a complaint by a tenant in each of the past five years; and if he will make a statement on the matter. [9332/08]

Ciaran Lynch

Question:

581 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that in 2004 15 county councils and one city council recorded a figure of zero as the number of inspections carried out; the number of councils recording zero in 2005 and 2006; and if he will make a statement on the matter. [9334/08]

Ciaran Lynch

Question:

582 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that while the number of inspections of private rented dwellings increased in the period 2004 to 2006 the percentage of private rented dwellings inspected dropped from 32% to 7.4%; and if he will make a statement on the matter. [9335/08]

I propose to take Questions Nos. 538, 573 to 577, inclusive, 579, 581 and 582 together.

I refer to the reply to Question No. 16 of 27 February, 2008 in relation to standards for rental accommodation, obligations of landlords in that regard, enforcement of the standards regulations, penalties for offences in relation to the regulations and review of the regulations which is now at an advanced stage.

The review of the regulations is being carried out pursuant to a provision in section 13 of the Towards 2016 agreement that minimum standards regulations for the private rented sector would be updated. This includes consideration of provisions in relation to the outward condition of private rented accommodation. The level of penalties for offences in relation to the standards regulations will be kept under review; changes in that regard would involve amendment of primary legislation.

In September 2006, a comprehensive Action Programme to promote improvement in standards of private rented accommodation was announced, involving a range of measures including improved regulation, enforcement, funding and information. Good progress is being made with this Programme. The number of inspections reported in 2006 was 9,835, which represented an increase of 36% on the 2004 figure of 7,232. The number of dwellings not meeting regulatory requirements fell by 19% over the same period, even though there was a significant increase in the number of inspections. It is not possible to calculate accurately the trend in the rate of inspections relative to the total number of rented units because definitive statistics for the total number of private rented dwellings in 2004 and 2006 are not available. Information is not available as to the number of inspections that may have been undertaken as a result of complaints by tenants, although a report published by the Centre for Housing Research in November 2007 points out that most local authorities receive very few complaints.

Further information in relation to enforcement of the regulations relating to private rented housing, as reported by local authorities, is published in the Annual Housing Statistics Bulletins, which are available in the Oireachtas Library and on my Department's website at www.environ.ie. Returns for 2007 have not yet been received from all local authorities, but those received to date indicate that there is likely to be further improvement in enforcement performance.

The key element in ensuring good standards of local authority housing is the performance of local authorities in relation to maintenance and, where necessary, improvement of their housing stock. These are matters in respect of which local authorities have a significant degree of devolved responsibility and which are subject to oversight by the elected members of each individual authority.

Boundary Reviews.

James Reilly

Question:

539 Deputy James Reilly asked the Minister for the Environment, Heritage and Local Government if he will report on the boundary review of local areas or the local elections and in particular Fingal; when proposed changes are expected to be proposed and implemented; the procedure for implementing proposed changes; and if he will make a statement on the matter. [8738/08]

Section 24 of the Local Government Act 1994 specifies that the Minister for the Environment, Heritage and Local Government may by order, subject to Part V of the Local Government Act 1991, divide a local authority area into local electoral areas. Under Part V of the Local Government Act 1991, the Minister is required, before deciding whether to make an order under section 24 of the 1994 Act in relation to a local electoral boundary, to request a boundary committee to prepare a report. The committee must, if so requested, prepare and furnish to the Minister a report in writing including its recommendations, and the Minister must publish the report and have regard to it in deciding whether to make the order.

On 8 January 2008, I announced that I had established two boundary committees to review local electoral areas. The committees are required to report as soon as possible and, in any event, not later than 20 June 2008. The committees' website is www.electoralareacommittees.ie.

James Reilly

Question:

540 Deputy James Reilly asked the Minister for the Environment, Heritage and Local Government the status of the boundary commission report on constituencies; the procedure to make appeals on the findings of the report as this Deputy is in receipt of a number of representations of concern regarding the unnatural proposed split of the town of Swords from Dublin north into another constituency of Dublin west which is the only town proposed for division by the boundary commission; and if he will make a statement on the matter. [8739/08]

Leo Varadkar

Question:

553 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the reason for the delay in introducing legislation to give effect to the Dáil boundary commission report; and if he will make a statement on the matter. [8863/08]

I propose to take Questions Nos. 540 and 553 together.

The Constituency Commission presented its report on Dáil and European Parliament constituencies on 23 October 2007. Work is now underway on the drafting of the Electoral (Amendment) Bill 2008 which will, inter alia, provide for revision of Dáil and European Parliament constituencies in accordance with the Commission's report. The Bill will be published as soon as possible.

Fire Stations.

Bobby Aylward

Question:

541 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government the progress to date on the provision of a new fire station at Graiguenamanagh, County Kilkenny where a site is available following the opening of the ring road; and if he will make a statement on the matter. [8760/08]

Bobby Aylward

Question:

542 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government the progress to date on the provision of a new fire station at Castlecomer, County Kilkenny. [8761/08]

Bobby Aylward

Question:

543 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government the progress to date on the provision of a new fire station at Urlingford in County Kilkenny where a site is available; and if he will make a statement on the matter. [8762/08]

I propose to take Questions Nos. 541 to 543, inclusive, together.

The provision of a fire service in a fire authority's functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of the individual fire authority 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 funding under the fire service capital programme.

In 2005, the Department approved an application from Kilkenny County Council to construct a replacement fire station in Castlecomer. I understand the current position is that tenders in respect of this project have recently been submitted to Kilkenny County Council and are being assessed by the fire authority. When this assessment is completed, the council will submit a recommendation on the tender competition to the Department for approval.

Applications for funding have been made to the Department for the construction of a replacement station at Urlingford and a two bay station in Graiguenamanagh.

I understand the Department has recently written to Kilkenny County Council requesting it to rank these applications in order of priority. The Department has also requested that the fire authority prepare and submit a capital appraisal in respect of both projects in line with the Department of Finance's guidelines for the appraisal and management of capital expenditure proposals in the public sector. Upon receipt of the additional documentation sought by the Department and an indication of the council's priorities, the projects will be considered in the context of future capital programmes.

Social and Affordable Housing.

Enda Kenny

Question:

544 Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government if he has had discussions with the affordable homes partnership with regard to their proposed development at a location (details supplied) in County Dublin; if he has plans for this site; and if he will make a statement on the matter. [8768/08]

Enda Kenny

Question:

545 Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government the progress made with regard to providing a national park on the lands at a location (details supplied) in County Dublin; the discussions he has had in relation to this aim; the parties he has had these discussions with; and if he will make a statement on the matter. [8769/08]

I propose to take Questions Nos. 544 and 545 together.

The development plans of the relevant local authorities provide the primary land use protection policies for the Liffey Valley. In addition, parts of the Valley are already covered by special designations. The area between Chapelizod and Lucan is protected by a Special Area Amenity Order, and part of the valley is designated as a proposed Natural Heritage Area.

As indicated in the reply to Question No. 1357 of 30 January 2008, it is an objective of South Dublin County Council's current Development Plan to investigate the feasibility of extending the Special Amenity Area Order to further lands, including part or all of St Edmundsbury and Woodville lands. The extent and location of the land to be covered by any such Order would be affected by the measures required to give effect to the recommendation of the Affordable Homes Partnership to use lands at St Edmundsbury and Woodville for affordable housing. In that regard, the County Council has progressed a Strategic Environmental Assessment of the Development Plan variation recommendation, on foot of which I understand the matter is currently the subject of further discussions between the Partnership and the landowner concerned.

The making available of additional lands for affordable housing is a matter of priority for the Government. In that context, guidelines under section 28 of the Planning and Development Act 2000 were issued in August 2006 in support of the "Call for Lands" process. The advancing of individual sites within the process is a matter for the Partnership, the promoters of individual proposals and the relevant local authority.

Equally, the protection of the Liffey Valley which is a major amenity for the people of Dublin and the extension of the SAAO are objectives which I share.

On the broader question of the provision of a national park in the Liffey Valley, the practice to date has been that only State lands are included in National Parks. I will be considering this in relation to overall policy for National Parks as it applies throughout the country and I am eager to hear views on this matter from interested parties.

Departmental Schemes.

Ciaran Lynch

Question:

546 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the delay in approval of the regeneration scheme for an estate (details supplied) in County Tipperary; if he will expedite the approval process; and if he will make a statement on the matter. [8786/08]

My Department has been in consultation with Carrick-on-Suir Town Council over an extended period in relation to this scheme, and last wrote to the Council on 7 November 2007 requesting clarification on a number of issues. My Department will further consider this project on receipt of the Council's response.

Voluntary Housing Sector.

Ciaran Lynch

Question:

547 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he will pursue agreement with the voluntary housing sector to facilitate tenants of voluntary housing schemes in the purchase of their homes; and if he will make a statement on the matter. [8788/08]

I refer to the reply to Question Nos. 242, 243 and 245 of 14 February, 2008. The position is unchanged.

Departmental Schemes.

Ciaran Lynch

Question:

548 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the number on the rental allowance scheme by town; and if he will make a statement on the matter. [8789/08]

I presume that the question relates to the Rental Accommodation Scheme (RAS).

RAS operates in all housing authorities and generally each County Council manages the scheme for the County at large. At the end of January 2008, 11,425 former rent supplement cases with long-term housing need have been accommodated through the scheme — 5,901 in either voluntary or private rented properties and a further 5,524 through other social housing options. The available information on the number of cases transferred by each local authority is detailed in the following table.

Table 1: Rental Accommodation Scheme (RAS) Cumulative to end of January, 2008

County Councils (including Borough and Town Councils)

No. of voluntary & Co-operative housing cases transferred from SWA* Rent Supplement to RAS

No. of Private cases transferred from SWA Rent Supplement to RAS

Total No. (Voluntary and Private) cases transferred from SWA Rent Supplement to RAS

Total No. of cases transferred from SWA Rent Supplement to other social housing options

Total No. of cases transferred from SWA Rent Supplement

Carlow

36

12

48

101

149

Cavan

51

19

70

79

149

Clare

47

110

157

82

239

Cork

275

50

325

207

532

Donegal

77

43

120

797

917

D/L Rathdown

54

116

170

115

285

Fingal

0

105

105

203

308

Galway

108

28

136

114

250

Kerry

21

170

191

262

453

Kildare

66

77

143

151

294

Kilkenny

233

61

294

170

464

Laois

57

29

86

47

133

Leitrim

0

1

1

23

24

Limerick

136

41

177

69

246

Longford

0

95

95

40

135

Louth

12

76

88

280

368

Mayo

214

71

285

104

389

Meath

37

15

52

35

87

Monaghan

81

0

81

88

169

Nth Tipperary

28

94

122

48

170

Offaly

21

65

86

40

126

Roscommon

49

51

100

112

212

Sligo

95

26

121

75

196

South Dublin

35

314

349

482

831

Sth Tipperary

56

63

119

208

327

Waterford

1

12

13

77

90

Westmeath

13

89

102

62

164

Wexford

82

34

116

397

513

Wicklow

22

60

82

104

186

City Councils

Cork City

157

111

268

380

648

Dublin

459

531

990

225

1215

Galway

104

260

364

127

491

Limerick

67

134

201

79

280

Waterford

172

72

244

141

385

Totals

2,866

3,035

5,901

5,524

11,425

The first transfers under RAS commenced in Quarter 4 of 2005.

*Supplementary Welfare Allowance.

Fuel Poverty.

Olwyn Enright

Question:

549 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the coordination that has taken place between his Department and the Department of Social and Family Affairs in relation to fuel poverty; his views on the national fuel poverty strategy; and if he will make a statement on the matter. [8808/08]

Engagement between my Department and the Department of Social and Family Affairs in relation to fuel poverty issues relates, in the main, to the identification of and reporting on, initiatives, actions and targets as set out in the National Action Plan for Social Inclusion 2007-2016, including the local authority central heating scheme.

My Department is actively engaged in addressing the issue of fuel poverty in local authority housing through the national central heating programme. The programme involves not just the provision of central heating, but where necessary, measures to ensure the energy efficiency of the dwelling. Since the programme's introduction in 2004, my Department has provided grants worth €94 million for the installation of central heating in some 19,600 local authority houses, with another €30 million available this year for a further 5,000 installations.

Furthermore, in order to address fuel poverty among older people living in private houses in the Dublin area, my Department is currently operating a pilot scheme which provides for the installation of a central heating system, associated insulation works and energy advice. The scheme involves up to 150 households in Ballyfermot, Whitehall and Crumlin, and is administered by Dublin City Council within the framework of the Housing Aid for Older People Scheme. My Department is also undertaking an independent evaluation of the benefits accruing from the pilot scheme and the associated impacts on the quality of life of older persons whose homes are properly heated and insulated.

Planning Issues.

Deirdre Clune

Question:

550 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he will approve an application for a housing scheme submitted to his Department by Cork County Council (details supplied); and if he will make a statement on the matter. [8838/08]

I refer to the reply to Question No. 687 of 5 February 2008. Following further discussions with Cork County Council, my Department has recently issued approval to the Council to proceed to Part VIII of the planning process, to develop a detailed design for Phase 1 of the social and affordable housing elements of the project and to proceed with the development of the school and amenity facilities.

Proposed Legislation.

Richard Bruton

Question:

551 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the purpose of the new legislation that is under consideration for noise; when the Bill will be brought forward; and if he will make a statement on the matter. [8842/08]

My Department is currently examining options to strengthen legislation on noise pollution, with a view to meeting the Programme for Government commitment as a matter of priority. I intend to consult with key stakeholders, including local authorities, and will announce my preferred approach as soon as possible.

Planning Issues.

Leo Varadkar

Question:

552 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that An Bord Pleanála is increasingly unable to make decisions within 18 months; his plans to act on this matter; and if he will make a statement on the matter. [8862/08]

Record levels of case intake over successive years 2004 — 2006 and the assumption of significant new functions under the Planning and Development (Strategic Infrastructure) Act 2006 challenged An Bord Pleanála's ability to achieve its statutory objective. According to the Board's annual report for 2006, the 18-week statutory objective was met in 52% of all cases, compared to 78% in 2005.

However, in recognition of the key role the Board plays in delivery of key local and national infrastructure and of the demands arising from sustained record levels of appeals over the recent years, sanction was given in 2007 for an additional 35.5 permanent staff, bringing the total complement to 172.

As a result, I expect to see a significant improvement in the Board's performance levels in relation to its statutory objective targets during 2008.

Question No. 553 answered with Question No. 540.

Election Expenses.

Leo Varadkar

Question:

554 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he will introduce spending limits for the local elections of 2009; if there will be a scheme for refund for election expenses; and if he will make a statement on the matter. [8864/08]

The Programme for Government contains a commitment to establish an independent Electoral Commission which will take responsibility for a range of electoral matters including the functions currently exercised by the Standards in Public Office Commission relating to election spending; the Electoral Commission will also examine the issue of financing of the political system. In this regard, a procurement process is underway for the carrying out of preliminary research on issues arising in relation to the establishment of the Electoral Commission.

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.

Water and Sewerage Schemes.

Joe Carey

Question:

555 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government when the Ennis water augmentation scheme will be functional; and if he will make a statement on the matter. [8871/08]

The Ennis Town Water Supply Augmentation Scheme is approved for construction under my Department's Water Services Investment Programme 2007-2009. In 2005, my Department approved Clare County Council's proposals to lay the pipework for the scheme in conjunction with the Ennis Road By-Pass and progress thereafter is a matter for the Council.

Water Pollution.

Joe Carey

Question:

556 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government the number of towns and villages here that have experienced boil notices on the public water supply in 2005, 2006 and 2007; the provisions he has put in place to provide clean public drinking water for those dependent on each supply; and if he will make a statement on the matter. [8872/08]

Responsibility for the management and operation of public water supplies rests with the local authorities, and my Department does not hold comprehensive data on operational matters, including boil notices, in relation to individual supplies.

The Environmental Protection Agency is responsible for monitoring and reporting on drinking water supplies. Under the European Communities (Drinking Water) (No.2) Regulations, 2007, a local authority is required to notify the Agency whenever a boil-water notice is issued in respect of a public water supply. Details of such notifications may be obtained from the Agency.

Information in relation to drinking water supplies generally is published by the Agency on an annual basis. The Agency's most recent report "The Provision and Quality of Drinking Water in Ireland — A Report for the Years 2006-2007", and reports for previous years, are available in the Oireachtas Library.

Water and Sewerage Schemes.

Joe McHugh

Question:

557 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the reason community groups are being charged water rates in view of the fact that they are not businesses and in the process of applying for charity rates; and if he will make a statement on the matter. [8910/08]

In accordance with the EU Water Framework Directive, local authorities are required to recover the cost of providing water services from all non-domestic users of these services, by means of a meter based volumetric charge to ensure water charging of users according to actual consumption. The only exemption from water charges provided for in Irish legislation, and constituting established practice at the time of adoption of the Water Framework Directive, relates to use for ordinary household purposes occurring in dwelling houses. As community groups do not fall within this exemption they are liable to pay water charges.

Michael Ring

Question:

558 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if there is grant assistance available for the installation of a system (details supplied). [8924/08]

Grant aid of up to €2,031.58 is available from county councils under the Rural Water Programme for the provision or necessary improvement of an individual water supply to a house that does not have access to either a public or group water scheme supply.

The eligibility of individual proposals for grant purposes is a matter for the relevant local authority.

Architectural Heritage.

Paul Connaughton

Question:

559 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government the position of an application for a heritage grant by a group (details supplied) in County Galway; and if he will make a statement on the matter. [8928/08]

My Department administers a Civic Structures Conservation scheme of grants for the restoration and conservation of buildings of significant architectural heritage merit and which are in public ownership or open to the public generally. The deadline for completed applications was 15 February, 2008. Tynagh Development Society (Reference number CS 77 08) submitted an application for conservation works to Tynagh Schoolhouse. That application, along with all other eligible applications have been forwarded to an independent panel of conservation experts for assessment. It is intended that each applicant will be notified of the outcome of the assessment by end March, 2008.

Water and Sewerage Schemes.

Willie Penrose

Question:

560 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the position in respect of his Department’s plans for the provision of a quality and potable water supply nationally; if it is the position, that privatisation of the national water supply is taking place by stealth; and if he will make a statement on the matter. [8932/08]

Details of major water supply schemes to be advanced and funded in the coming years are set out in my Department's Water Services Investment Programme 2007-2009 which is available in the Oireachtas Library. In addition, a significant range of drinking water supply improvements are being implemented under the Rural Water Programme which is also funded by the Department. Responsibility for the operation of the Rural Water Programme has been devolved to county councils from whom information in relation to activity in their functional areas may be obtained.

I have no proposals to privatise public water supplies. Section 31(12) of the Water Services Act, 2007, explicitly prohibits the transfer of water services assets to the private sector.

Dara Calleary

Question:

561 Deputy Dara Calleary asked the Minister for the Environment, Heritage and Local Government the position in respect of a sewerage scheme (details supplied) in County Mayo; and the contacts between his Department and Mayo County Council since September 2007 in relation to same. [9009/08]

The Belmullet and Foxford Sewerage Scheme is included in my Department's Water Services Investment Programme 2007-2009 to start construction in 2009.

My Department approved Mayo County Council's Preliminary Reports for the scheme in February 2007. The Council's brief for the appointment of consultants to prepare Tender Documents for the Waste water Treatment Plants was received in my Department in September 2007 and is being dealt with as quickly as possible. My Department has since been in contact with the Council in relation to the appointment of consultants for the sewerage collection networks and to budgetary and technical matters. A response received from the Council last week is being examined.

Denis Naughten

Question:

562 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will approve the design, build and operate contract for a project(details supplied) in County Roscommon; and if he will make a statement on the matter. [9013/08]

Creagh is part of the Roscommon Towns and Villages Sewerage Scheme which is approved for construction under my Department's Water Services Investment Programme 2007-2009.

The waste water treatment plants for the locations served by the scheme are mainly being procured through design, build and operate contracts. Roscommon County Council's contract documents for a number of the plants, including Creagh, are being examined in my Department and are being dealt with as quickly as possible.

Social and Affordable Housing.

Aengus Ó Snodaigh

Question:

563 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 682 of 19 February 2008, if his attention has been drawn to the fact that the contract issued by Dublin City Council to purchasers of affordable units under the shared ownership scheme states that purchasers may not sublet any part of the premises without the prior written consent of the council and that purchasers are being advised by it that this means they may not rent out a spare room even if they maintain the property as their principal place of residence; and if he will clarify the position in respect of same. [9041/08]

The granting of a shared ownership lease requires, inter alia, that the lessee contract not to assign, sub-let or otherwise part with or share possession of the dwelling or any part thereof without the prior consent in writing of the local authority concerned.

Dublin City Council has advised that it is their policy to consider, on a case-by-case basis, each request made to them by lessees for approval to rent a spare room in a shared ownership unit.

Motor Taxation.

Michael Ring

Question:

564 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the amount of money collected in motor taxation (details supplied) in County Mayo. [9098/08]

The amount of motor tax, including on-line tax, driver licence duties and other related charges collected by Mayo County Council for 2007 is €27.4 million (unaudited).

Private Rented Accommodation.

Jack Wall

Question:

565 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government his plans to change the Residential Tenancies Act 2004 to ensure equality between tenant and property owner; and if he will make a statement on the matter. [9100/08]

The provisions of the Residential Tenancies Act 2004 are based largely on recommendations of an independent Commission on the Private Rented Residential Sector and are designed to achieve a reasonable balance in rights and responsibilities between landlords and tenants.

The Private Residential Tenancies Board (PTRB) 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. I am open to considering any such recommendations by the PRTB.

Litter Pollution.

Brendan Howlin

Question:

566 Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government his proposals to deal with the ongoing problem of litter on motorways, dual carriageways and roadways; if he plans particular initiatives to deal with this growing nuisance; if he has initiated an audit by his Department of the extent of this problem; if he has raised this issue with local authorities or the National Roads Authority; and if he will make a statement on the matter. [9130/08]

Under the Litter Pollution Acts 1997 to 2003, primary responsibility for developing and implementing responses to litter lies with local authorities, who are required to take all practicable measures for the prevention, control and disposal of litter in their functional areas. My Department is in regular contact with local authorities in this regard.

The National Litter Pollution Monitoring System (NLPMS) provides annual information in relation to litter levels and causative factors, which enables ongoing monitoring of the situation by my Department. The trends emerging from the NLPMS are generally positive and show a modest but steady reduction in litter levels; 60% of all areas surveyed in 2006 were either litter-free or slightly littered.

A survey of the composition of litter on rural roads in six local authorities, carried out for the NLPMS in 2006, identified packaging items as the most significant component of litter in these areas. My Department is currently in discussions with the ‘food on the go' sector aimed at negotiating a voluntary agreement to combat the incidence of food related litter of this kind.

The National Roads Authority has no specific function in regard to litter management.

Proposed Legislation.

Bernard Allen

Question:

567 Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government when legislation will be introduced that will allow Cork City Council to sell apartments and flats to their tenants who have been waiting many years to purchase and who should be paying off a mortgage instead of paying rent. [9133/08]

I refer to the reply to Question No. 1404 of 30 January 2008. The position is unchanged.

Social and Affordable Housing.

John O'Mahony

Question:

568 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government his proposals to meet the housing requirements of those on the housing lists in County Mayo; and if he will make a statement on the matter. [9150/08]

My Department recently advised city and county councils of indicative budgets for the 2008-2010 period in respect of the local authority social housing programme and the Capital Loan and Subsidy Scheme of funding for social housing projects promoted by voluntary and co-operative housing bodies. In that context, the housing authorities concerned have been requested to plan a social housing supply programme for that period on the basis of an indicative budget of €70m to €75m.

My Department is due to meet the housing authorities concerned today, 4 March 2008, to discuss their Housing Action Plan and final allocations for 2008 will issue to individual housing authorities as soon as possible thereafter.

Planning Issues.

John O'Mahony

Question:

569 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the position in respect of the taking in charge of estates built prior to the Planning Acts in 1963; and if he will make a statement on the matter. [9151/08]

John O'Mahony

Question:

570 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the reason some housing estates in County Mayo have not been taken in charge for periods of up to eight years since the building works had finished; and if he will make a statement on the matter. [9152/08]

James Bannon

Question:

572 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his plans to address the problems of exorbitant management fess which are crippling the residents of an estate (details supplied) in County Longford, who consider that fees for public lighting, roads, sewerage and public insurance should not be incurred by the residents but rather covered by the payment of taxes; and if he will make a statement on the matter. [9199/08]

I propose to take Questions Nos. 569, 570 and 572 together.

Legislation governing the regulation of management companies is a matter for my colleague the Minister for Justice, Equality and Law Reform, with the Minister for Enterprise, Trade and Employment being involved in relation to any company law aspects.

As Minister for the Environment, Heritage and Local Government, I have overall responsibility for the legislative and policy framework governing the taking in charge of estates. I have no function in relation to the taking in charge of particular estates as this is a matter for the relevant planning authority concerned. Section 180 of the Planning and Development Act 2000, requires planning authorities to commence taking in charge procedures in relation to residential developments, finished or unfinished, where certain conditions have been met.

In addition to the legislative framework, and as set out in the reply to Question No. 19 of 27 February 2008, my Department has also issued updated policy guidance to planning authorities on the taking in charge of estates in the form of circular letter PD 1/08. Each planning authority is being asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, on the basis of the framework, and wider housing and planning guidance, as set out in the annex to the circular.

The circular letter also states that priority must continue to be given to resolving those estates that been left unfinished / not taken in charge for the longest period.

Departmental Expenditure.

John O'Mahony

Question:

571 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the cost of storing the electronic voting machines in County Mayo to date; and if he will make a statement on the matter. [9153/08]

Information provided by the Returning Officer for the Mayo constituency indicates that storage costs in respect of the electronic voting machines and ancillary equipment in 2007 were €38,608 with costs for 2006, 2005 and 2004 amounting to €37,426, €34,930 and €34,930 respectively. Payments to Returning Officers in respect of their electoral duties are made by the Department of Finance from the Central Fund.

Question No. 572 answered with Question No. 569.
Questions Nos. 573 to 577, inclusive, answered with Question No. 538.

Private Rented Accommodation.

Ciaran Lynch

Question:

578 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he will introduce a standardised complaints procedure in each local authority to facilitate and support private rented dwellings tenants in making complaints about substandard dwellings; and if he will make a statement on the matter. [9331/08]

Ciaran Lynch

Question:

580 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government when he will set proper standards in order that in all cases fully qualified building inspectors will be employed for private rented dwellings inspections; and if he will make a statement on the matter. [9333/08]

I propose to take Questions Nos. 578 and 580 together.

I have no function in relation to these matters as the operation of complaints systems and staffing arrangements for inspections relating to private rented accommodation are the responsibility of individual local authorities. However, in discharging these responsibilities, authorities should have regard to the report — Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement — published by the Centre for Housing Research in November 2007, which makes a range of recommendations on matters relevant to such complaint procedures and inspection regimes.

Question No. 579 answered with Question No. 538.
Question No. 580 answered with Question No. 578.
Questions Nos. 581 and 582 answered with Question No. 538.

Energy Conservation.

Andrew Doyle

Question:

583 Deputy Andrew Doyle asked the Minister for the Environment, Heritage and Local Government the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9442/08]

In accordance with its Environmental Policy Statement, my Department is fully committed to the conservation and effective management of our consumption of resources, including energy, waste, paper, equipment and other consumables. This is a critical element of our ongoing accreditation to ISO 14001, in respect of our Headquarters in the Custom House.

Through the OPW, my Department has a contract in place with Energia since October 2006 for the supply of electricity from renewable sources to the Department's main offices. My Department has undertaken a number of energy consumption measures including installation of a Building Energy Management System in the Custom House enabling more efficient heating management, use of energy efficient lights, a powersave function on electrical office equipment and photocopiers with duplex facilities. Under these measures total energy consumption in the Custom House has decreased by 6% between 2005 and 2007. In collaboration with the OPW, my Department has set high environmental specifications for its proposed decentralised offices in the South East. My Department is among the first Departments to participate in the recently launched OPW Optimising Power @ Work, Staff Energy Awareness Campaign. This campaign, which will begin in the Department in early March, aims at achieving a minimum 15% reduction in total annual carbon dioxide emissions. My Department has also participated in the Power of One and One Small Step campaigns.

In line with the Programme for Government commitment on carbon offsetting official air travel, I am developing, and hope shortly to announce details of, a scheme for use by all Government Departments and bodies under their aegis. I have, in the meantime, made separate arrangements to offset the air travel related to my attendance at the Ministerial segment of the ongoing meetings of the Parties to the United Nations Framework Convention on Climate Change and the Kyoto Protocol.

Other measures taken in my Department to reduce emissions include promotion of public transport through implementation of a tax efficient Travel Pass Scheme, and the entire vehicle fleet of the National Parks and Wildlife Service is capable of running on biodiesel. Arrangements are being put in place for the supply of biodiesel to the National Parks. Furthermore, a proposal to utilise electric vehicles and bicycles in the National Parks is under consideration. On the wider issue of nature conservation the rehabilitation of boglands, preservation of woodlands, and planned tree planting at NPWS sites is instrumental in reducing the national carbon footprint.

Day to day operation of the Agencies under the aegis of my Department is a matter for the Agencies themselves.

Departmental Agencies.

John Curran

Question:

584 Deputy John Curran asked the Minister for the Environment, Heritage and Local Government the names of all 13 members of the board of the Private Residential Tenancies Board; the legal, academic and sectoral backgrounds for each member. [9453/08]

The information requested, in relation to members of the Private Residential Tenancies Board, is set out in the following table.

PRTB Board Membership on 4 March 2008

Name

Background

Tom Dunne (Chairperson)

Head of School of Real Estate and Construction Economics, Dublin Institute of Technology

Anne Colley

Solicitor

Orla Coyne

Solicitor

Liam Gleeson

Assistant Principal Officer, Department of the Environment, Heritage and Local Government

Aideen Hayden

Solicitor and Chairperson of Threshold

Mary Heaslip

Auctioneer and Valuer

Ciaran McNamera

Assistant City Manager, Dublin City Council

Fintan McNamara

C.E.O. of the Institute of Professional Auctioneers and Valuers

Dr. Eoin O’Sullivan

Lecturer in Social Policy, School of Social Work and Social Policies, Trinity College Dublin

Dervla Quinn

Solicitor

Dr. Bairbre Redmond

Vice Principal, College of Human Sciences, University College Dublin

Thomas J. Reilly

Member of the Irish Property Owners Association National Committee and Part Time Lecturer

Tony Taaffe

Solicitor

Decentralisation Programme.

Seymour Crawford

Question:

585 Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources the progress of the decentralisation to Cavan Town; the number of personnel from the Department of Communications, Marine and Natural Resources already in Cavan; the number who have applied for placement there; and if he will make a statement on the matter. [8794/08]

45 staff members from my Department have decentralised as part of an advance party to Cavan, to date. In addition, there are some 126 applications from civil servants who have expressed an interest in relocating to Cavan.

Grant Payments.

Olwyn Enright

Question:

586 Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources if he has proposals to give financial assistance to social welfare recipients, who wish to install more environmentally friendly energy systems in their homes; and if he will make a statement on the matter. [8809/08]

Funding of €2.5M has been provided for Sustainable Energy Ireland's Low Income Household Programme in 2008 which, through the Warmer Homes Scheme, delivers support for low income households to enhance energy efficiency through improved insulation, lighting and energy advice.

There are 18 community based organisations currently approved for funding to deliver the Warmer Homes Scheme service in Dublin, Donegal, Galway, Clare, Mayo, Westmeath, Sligo, Roscommon, Cork, Kerry, Wexford, Cavan, Limerick and Leitrim. Over 14,000 homes have already been improved under the Warmer Homes Scheme to December 2007.

Under the House of Tomorrow Programme, SEI has worked with several local authorities in supporting the provision of sustainable energy systems in specific local housing schemes.

Fisheries Protection.

Michael Ring

Question:

587 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the position regarding the surplus of fish which will occur due to the ban on salmon drift net fishing; and if he will make a statement on the matter. [9030/08]

Michael Ring

Question:

588 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if a structure (details supplied) will be put in place; and if he will make a statement on the matter. [9031/08]

Michael Ring

Question:

589 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if a transfer will occur to the private sector (details supplied); and if he will make a statement on the matter. [9032/08]

Michael Ring

Question:

590 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if a sector can access a surplus (details supplied) or if they will be compensated on a yearly basis; and if he will make a statement on the matter. [9033/08]

I propose to take Questions Nos. 587 to 590, inclusive, together.

As the Deputy is aware, it is vital to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch. We must fulfil our obligations under the Habitats Directive, namely to maintain or restore fish stocks to favourable conservation status.

The cessation of mixed stock fishing for salmon was introduced for conservation reasons. It is no longer tenable to indiscriminately harvest fish destined for rivers which are failing to meet their conservation limits. For this reason the harvest of fish has been confined to the stocks of those rivers identified by the scientific advice as having a surplus. The rivers meeting their Conservation Limit and for which a surplus of fish was identified for harvest in 2008, were specified in the Wild Salmon and Sea Trout Tagging Scheme Regulations published in 2007.

The Wild Salmon and Sea Trout Tagging Scheme Regulations 2007 also provide for the establishment of Fishery District Committees, which are representative of both commercial and recreational stakeholders, with whom the Chief Executive Officer of the Regional Fisheries Board will consult in allocating the opportunity to harvest the identified surplus in each river.

Last year, and on foot of the cessation of mixed stock fishing for wild salmon, the Government put in place a €25m Salmon Hardship Scheme aimed at providing a measure of relief to individuals in line with the level of hardship likely to be experienced based on their recent catch history.

The management of the fishery in those rivers where a surplus has been identified and the question of how best to exploit that surplus is under active consideration by the Chief Executive Officers (CEOs) of the relevant regional fisheries boards. I expect to receive proposals in this regard from the CEOs in the near future, which I will consider in consultation with relevant scientific and other expertise.

Telecommunications Services.

John O'Mahony

Question:

591 Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources when a town (details supplied) in County Mayo will have broadband; and if he will make a statement on the matter. [8721/08]

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).

Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS) which will provide broadband services to areas that are currently unserved, including any unserved areas in County Mayo, and will ensure that all reasonable requests for broadband are met.

The first phase of the National Broadband Scheme procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process.

It is anticipated that a preferred bidder will be selected and appointed in June 2008 and that implementation of services will commence as soon as possible thereafter.

Tax Code.

Michael McGrath

Question:

592 Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources if his Department will include certain electrical vehicles on the list of energy efficient equipment to be published further to Section 42 of the Finance Bill 2008. [8726/08]

Section 42 of the Finance Bill 2008 introduces a new section into the Taxes Consolidation Act 1997 to provide for accelerated capital allowances in respect of expenditure by companies on certain energy-efficient equipment bought for the purposes of the trade.

The scheme will apply to new equipment and a list of energy-efficient equipment, which will be established and maintained by Sustainable Energy Ireland, will include three classes of technology. The technology classes (and minimum expenditure amounts) are: motors and drives (€1,000), lighting (€3,000) and building energy management systems (€5,000).

From January 1 2008, electric vehicles have been exempt from Vehicle Registration Tax and buyers will also benefit from the linking of motor tax rates to CO2 emissions.

Telecommunications Services.

Seymour Crawford

Question:

593 Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources if or when broadband will be available to the Scotshouse area of County Monaghan in order that a person (details supplied) in County Monaghan can avail of the necessary service; and if he will make a statement on the matter. [8790/08]

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).

Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS) which will provide broadband services to areas that are currently unserved, including any unserved areas of County Monaghan, and will ensure that all reasonable requests for broadband are met.

The first phase of the National Broadband Scheme procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. It is anticipated that a preferred bidder will be selected and appointed in June 2008 and that implementation of services will commence as soon as possible thereafter.

Seymour Crawford

Question:

594 Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources if broadband is available in Carrickmacross, County Monaghan; if so, the number of individuals and businesses linked up to it; if he is satisfied that it is available at reasonable cost; and if he will make a statement on the matter. [8791/08]

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.

Service providers are now offering broadband by wireless, satellite, fibre, standard telephone cable and mobile in Carrickmacross. My Department operates a dedicated website, www.broadband.gov.ie where potential broadband customers can ascertain the availability of services in their area.

Subscriber numbers are collected by ComReg on a national rather than regional basis. Ireland was ranked fifth cheapest for broadband, that is, for using a monthly rental ADSL basket, in the EU15 and is below the EU average. Prices have fallen as more providers with varying offers via different technologies have entered the market.

John Deasy

Question:

595 Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources the planned roll-out of broadband for Waterford; the areas it is planned to include over the next 12 months; and if he will make a statement on the matter. [8796/08]

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).

Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS), which will provide broadband services to areas that are currently unserved, including any unserved areas in County Waterford, and will ensure that all reasonable requests for broadband are met.

The first phase of the National Broadband Scheme procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. It is anticipated that a preferred bidder will be selected and appointed in June 2008 and that implementation of services commence as soon as possible thereafter.

Departmental Expenditure.

Simon Coveney

Question:

596 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the breakdown of the cost to the Exchequer of the International Advisory Forum on Broadband held in Dublin on 26 and 27 February 2008. [8834/08]

The estimate of the cost of the International Advisory Forum on broadband is €50,000. A breakdown of costs is not yet available as some members of the Forum have yet to claim travel expenses.

Telecommunications Services.

James Reilly

Question:

597 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources the amount that was invested in the metropolitan area broadband networks project in the towns of Fingal, namely Skerries, Lusk, Donabate and Portrane; if these high speed optic cables are being used or made available for use currently to improve broadband speeds and access to broadband in Fingal; and if he will make a statement on the matter. [9118/08]

A total of €4.08m was committed to the Fingal Metropolitan Area Networks project. The then Department of Communications, Marine and Natural Resources, committed €3.71m or 90% grant aid and Fingal County Council committed the remaining 10%, or €0.37m. The total grant paid to date is €3.35m. Construction commenced in these towns in February 2007 and was certified complete in November 2007. All the networks are now available to service providers to provide high-speed access to end users in the towns referred to by the Deputy.

Paul Connaughton

Question:

598 Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources when broadband will be made available to people in the Abbeyknockmoy, Monivea, Brierfield areas of Tuam, County Galway; and if he will make a statement on the matter. [9326/08]

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 (GBS) and investment in Metropolitan Area Networks (MANs).

Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS), which will provide broadband services to areas that are currently unserved, including any unserved areas in County Galway, and will ensure that all reasonable requests for broadband are met.

The first phase of the NBS procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. It is anticipated that a preferred bidder will be selected and appointed in June 2008 and that implementation of services will commence as soon as possible thereafter.

Energy Conservation.

Andrew Doyle

Question:

599 Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural Resources the measures being taken by his Department and its agencies to reduce their carbon footprint in 2007/2008. [9438/08]

As the Deputy may be aware, on taking office I committed to a major review of energy use in the Department's Headquarters building in Adelaide Rd. The elements of this review, aimed at significantly reducing carbon emissions, have already been agreed between my Department and the Office of Public Works (OPW). The project involves re-commissioning and upgrading of Building Management Systems, reducing base energy loads, installing additional energy controls, reducing energy demands in high use areas, reducing solar gain in areas under significant glass cover. OPW are assessing, as a priority, the feasibility of employing passive energy solutions on behalf of the Department.

In addition, my Department is working closely with the Office of Public Works in implementing a wider energy conservation initiative aimed at enhancing energy efficiency in selected managed buildings. The OPW's programme, which aims to reduce carbon emissions by 15%, includes my Department's buildings at Adelaide Road and Beggars Bush. This programme will run in parallel with the specific energy efficiency plan being put in place for the Adelaide Road complex. The approach adopted will be to primarily focus on the changing of attitudes, behaviour and habits that requires a balanced approach to energy conservation tasks.

A senior Official of my Department has met with the representative of the OPW appointed facilities management team and, given our energy brief, I am happy to inform the House that my Department wholeheartedly supports the OPW initiative and will be among the first Public Bodies to avail of the lectures/seminar element of the programme and to get the OPW programme up and running. The lectures are due to start in my Department this week.

In addition, my Officials met recently with representatives of the OPW in relation to the finalisation of the specification for my Department's new headquarters building in Cavan to be provided under the Government's decentralisation programme. The issue of making the new building as energy efficient as possible in terms of promoting passive energy solutions and use of renewable energy and the promotion of energy efficiency in general was high on the list of priorities at these discussions. State Agencies have access to OPW's expertise and to its energy efficiency programme, however the issue of energy efficiency for State Agencies is a day-to-day operational matter for the agencies themselves in which I have no function.

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