On a point of order, I get frustrated with Question Time every time I put down questions to the Minister. The Ceann Comhairle is here to protect us and ensure we put down proper questions; we frame the questions to the best of our abilities. I put down a number of priority questions this month and they were all ruled out of order. Minister, you must take responsibility for this. Either you will run your Department or your officials will.
Priority Questions.
Could Deputy Ring refer his remarks to the Chair rather than directly to the Minister?
Through the Chair, there is a question here on Axis 4, which is administered by the Department for Community, Rural and Gaeltacht Affairs. This is funding that comes from Europe to rural communities for fisheries. I have a priority question that was ruled out of order.
On a point of information——
There is no such thing.
Will the Chair allow me to finish?
The Deputy must allow the Chair to respond. The Deputy will take his seat.
I certainly will.
As the Deputy knows, the Chair has no control over which member of the Government takes responsibility for any question tabled. I understand the Deputy's frustration and if he has any particular queries to which he wants to alert the Ceann Comhairle's office we will examine them and discuss them with the appropriate Department.
I will write to the Ceann Comhairle's office. On drugs, there is no point appointing Ministers of State if I write to the Minister for Community, Rural and Gaeltacht Affairs and am told it is the responsibility of the Departments of Justice, Equality and Law Reform and Health and Children. There is no point in having a Minister of State in the Department who cannot answer the question on drugs.
We have limited time because there are Private Notice Questions so we will move on to Question No. 1.
Before we take the question——
I fear the Minister might reignite that debate.
Could the Leas Cheann-Comhairle provide me with a little indulgence on this matter? If I were Deputy Ring I might be disconcerted if I did not understand exactly what happened. The questions were not ruled out of order. There was a question on European fisheries which is the sole——
This is not appropriate to Question Time.
The Minister administers the scheme.
I do not. That is where Deputy Ring is wrong.
The Minister might have a private conversation with the Deputy afterwards. I call Question No. 1.
The two responsible Departments have agreed to answer the Deputy's questions. They have been transferred and will be answered. Deputy Ring knows my views on answering in the House.
National Drugs Strategy.
Catherine Byrne
Question:1 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs his views on head shops which sell legal highs; the action he will take to tackle the proliferation of such shops in which a large variety of mind altering and potentially dangerous substances can be bought over the counter; if his attention has been drawn to the risks involved in taking these substances and the potential for these substances to become a gateway to experimentation with illegal substances; and if he will make a statement on the matter. [18864/08]
I am aware of the activity of head shops and their sale of so called "legal highs", substances that can have effects similar to those of illicit substances but which are currently not scheduled under the misuse of drugs legislation. The control of drugs is regulated by the Department of Health and Children under the Misuse of Drugs Acts 1977 and 1984. Under these Acts the importation, exportation, production, supply and possession of a range of named narcotic drugs and psychotropic substances are regulated and controlled. The list of scheduled substances is kept under review on an ongoing basis. In particular, the Department of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health. Such reviews encompass EU decisions on any substances. For example, in March this year the EU found that Benzylpiperazine, which I will call BZP as it is shorter and easier, should be made a controlled substance with regulations applying commensurate with the potential harm involved. Accordingly, the Department of Health and Children will introduce the regulation of this substance by March next year.
As "legal highs" are currently not controlled substances, there is no authority under the misuse of drugs legislation to prevent their sale in head shops. However, the activities of these establishments will continue to be monitored with a view to endeavouring to minimise any risks involved, especially in regard to the potential that the substances involved might encourage experimentation with illegal drugs.
I congratulate the Minister of State at the Department of the Taoiseach, Deputy Pat Carey, on his new appointment and welcome a counterpart across the room, Deputy Curran. I wish them both the best.
I thank the Minister for his answer. I cannot pronounce the name of the drug either, so I will refer to it as BZP. I will briefly make a few observations on the Minister's answer. I am delighted something will be done by March next year but it is somewhat far away as it will come in much earlier in the UK and other places. Some 24 of these shops are established throughout the country and there are grave concerns among parents on their activities particularly regarding the sale of mind-altering substances such as BZP. For many young people going out in the evening BZP has replaced ecstasy and other drugs that were previously used. The real concern is that yesterday's newspaper reported research from the Health Research Board showing the prevalence of treated problem drug use among 15 to 64 year olds increased by 15% between 2001 and 2006. The sooner this drug is taken off the shelves the better for everybody and I ask the Minister to reconsider the timeline and do this earlier.
My Department is not responsible for taking BZP off the market. The information says it will happen not later than March. I am always wary of giving deadlines because one is often beaten on a short deadline while one is more likely to be able to comply with a long deadline. It should be done as soon as possible and I share the Deputy's concern. On the wider question she raised, one can take legal action only against those who break the law and we must accept this issue on these head shops.
The sooner these products are taken off the market the better for everybody.
Rural Transport Services.
Jack Wall
Question:2 Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the success of the pilot scheme for night time transport in rural communities; if the scheme has been a success; if he will increase the pilot scheme; if he will roll out the scheme to other rural areas; and if he will make a statement on the matter. [18842/08]
As the Deputy will be aware, in many rural areas there are no public transport services at night. While there are either hackney or taxi services in more developed rural areas, these are at the discretion of the providers of these services and do not provide a guaranteed service to rural people.
It was against this background that in May 2007 I introduced a new evening transport service, on a pilot basis, to allow rural people to fully participate in the various activities — community, sporting and social — that take place in their areas. Thirty-four groups currently deliver the rural transport programme, which is operated by the Department of Transport, seven of which are delivering the pilot evening transport service.
I am informed that the scheme is widely used in the areas in which it is in operation. Funding of €500,000 was pledged for the one-year pilot and, to date, €375,000 has been spent. I have decided to continue funding the pilot until the end of 2008, by which time it will be reviewed. Decisions on its future will be informed by the outcome of that evaluation.
When the Minister suggested this originally, there were many sceptics who wondered whether it could work. As a rural Deputy, I see where the private concerns are able to do it and I am fully supportive of moving this initiative forward.
The question is twofold. A recent reply to a parliamentary question to the Minister for Transport stated that the rural transport initiative would cover all counties. How will this initiative tie in with the other one? While I accept that there must be a review to evaluate its success, is the thrust of what the Minister is trying to do that he will align this with the rural transport initiative?
My other concern, while not of the Minister's making, is that in my area the rural transport initiative is coming under question and we are being told that there is a cutback. On the one hand, we have this pilot scheme which is a success, but, on the other, there is a grey area in the successful rural transport initiative regarding the number of areas covered being reduced.
The overall proposal is a winner, but has the Minister been in contact with the Minister for Transport about moving it forward and has he any information from the Department of Transport on proposals to cut back the initiative? Pobail was one of the groups to which funding was made available for the rural transport initiative. Has the Minister any information on even a thought of cutting it back? Although I realise the rural transport initiative is not the responsibility of the Minister, in the overall picture we must tease it out to ensure it is a success in the future.
It is the case that Pobail administers the rural transport scheme for the Department of Transport. Even though Pobail comes under my Department administratively, the day time rural transport scheme of the Department of Transport is totally a matter between Pobail and the Department of Transport and I have no day-to-day function in it.
However, with my wider rural hat on me, I am very interested in that scheme. My understanding is it is to be rolled out nationwide and I have not heard anything of cutbacks. In fact, if Deputy Wall checks the Estimates, although I am open to correction on this, he will find the provision is increased this year.
This is a key point. There is a totally different ethos involved in the night time scheme than in the day time scheme. The day time scheme mainly focuses on that section of the community that would be entitled to free travel where there are no buses on which to travel. It caters for persons such as pensioners, older persons and persons with a disability.
When I set up the night time scheme I was afraid — there is a certain validity to my fear — that, because of the tradition during the day time scheme for people who did not have cars to use it, there would be a greater focus in the night time scheme on people entitled to free travel. However, the night time scheme was to focus on the entire community who wanted to go out at night and did not want to have to drive home. Such persons might have a car or two in the driveway. If a couple wanted to go out for a night, the idea was that they would feel safe going home.
I will review this scheme. One of the reasons I am extending it to the end of the year is that I want to carry out a proper review. I note from the figures that between 64% and 66% of the night time passengers are free travel holders, but the total population of rural Ireland includes many more people who do not qualify for free travel. Therefore, to a point, one could state that we are not picking up paying customers. I am not against free travel holders using the service, but we are not inveigling paying customers onto buses. There are two downsides in that regard. First, we are not serving a market that everyone stated was there — the people who want to go out to socialise for a night who have a car but do not want to take it — and, second, I could provide a much better service for much less money if I had a bigger proportion of paying customers on the buses.
A brief supplementary from Deputy Wall.
I agree with the Minister on the paying and non-paying aspect of it. It is logical to come to the conclusion that this is a way forward and a way of expanding it. I fully support that theory. Obviously, the Minister will get to a situation where in some instances he may have to stop paying customers getting on because the non-paying customers will not have a seat on the bus which would defeat the purpose. I am fully supportive of looking at both aspects to ensure that it is a success because it has considerable potential.
The other issue is that this is only meant to operate in place of market failure. Whereas rural transport, as we commonly know it, is needed everywhere in the country because of its focused effect, this is only meant to operate where there are no buses, taxis or hackneys available.
One suggestion, which may be a good idea and to which I am open, is that once I have done my review, we would come back to the committee some time in the autumn to get the wisdom of all its members and tease out the best approach in much more detail than can be done on a Priority Question in six minutes.
We need to convenience the greatest number of people, both with and without entitlement to free travel, and get the best bang for our buck so that we can stretch it out to as many areas of the country as need it and do not have commercial services.
Charities Legislation.
Michael Ring
Question:3 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he has had discussions with the Revenue Commissioners on an investigation into fraudulent behaviour by charities; if he is satisfied that the Charities Bill 2007 will protect against bogus organisations defrauding the State in the future; and if he will make a statement on the matter. [18976/08]
One of the key purposes of the Charities Bill 2007, which recently completed Committee Stage in Dáil Éireann, is to enact a reform of the law relating to charities in order to ensure accountability and to protect against abuse of charitable status and fraud. It is vital for public trust and confidence in the sector to be safeguarded and maintained. I should clarify, however, that I have no statutory role in relation to the investigation of charities.
In the development of the Bill, my Department, in addition to conducting public consultation processes, has also engaged in extensive consultation with other Departments and statutory bodies, including the Revenue Commissioners, to ensure that the Bill provides a secure legislative base for the regulation of charities. In the case of the co-operation with Revenue, who currently maintain a list of bodies that have qualified for charitable tax exemptions, I am pleased to say that there has been a very productive working relationship. Discussions with Revenue and the Department of Finance in relation to various legal and technical issues that have emerged are continuing in advance of Report Stage, which it is hoped will be taken shortly.
The Bill provides that a new charities regulatory authority will be set up to secure compliance by charities with their legal obligations and also to encourage better administration of charities. A register of charities will be established in which all charities operating in the State must register. It will be an offence for a body not on the register to claim that it is a charity, or to operate or fundraise in Ireland. In recognition of the value of the resource potentially available to the new authority in terms of experience and expertise within Revenue, an amendment was introduced on Committee Stage providing explicitly for co-operation between the new authority and Revenue on the establishment of the register of charities.
The new authority may call for documents and search records, enter premises on foot of a search warrant, impose sanctions, and co-operate with foreign statutory bodies on law enforcement matters. There will also be significant penalties in place. However, while the new authority will determine whether an organisation is a charitable organisation for the purposes of entry onto the register of charities, it will remain a matter solely for Revenue to determine whether any funds applied by organisations for charitable purposes should be granted entitlement to tax exemption.
It is important that the Charities Bill 2007 is returned here for Report and Final Stages. There is already proof of fake mass cards and the door-to-door collection of clothes. The Revenue Commissioners are now investigating charities that are making claims for PAYE workers who are paying into these charities. Did the Minister have discussions with the Revenue Commissioners and when do they expect to complete their investigations? It would be wrong if people give money to charities that are not above board. It would also be wrong for charities to use fake names and claim tax relief from the State, even though no such money has been paid to them. Have many registered charities been struck off the list? Most importantly, when will the Charities Bill 2007 be back in this House?
The Revenue Commissioners are undertaking a routine review of the scheme and have written to 1,100 organisations seeking information in that context. The review is not based on a concern or knowledge that the scheme is being abused and it is not an investigation into suspected fraudulent behaviour in any individual charity. It simply seeks to ensure that charities that have been authorised under the scheme are continuing to comply with the terms of their authorisations. We should accept that is the way it is. Carrying out this exercise sends a signal to people that the scheme must be operated correctly, which is very important.
I am very anxious to proceed with the Charities Bill 2007. We are examining a number of issues and we are trying to strike the right balance. Our objective is to have the Bill finished in both Houses before the summer recess. However, if a better Bill were to emerge following an extra delay, I would have to take that as it comes. We still hope to get it through the Houses before the summer.
A very serious tax scam concerning charities was unearthed in Britain so let us not pretend that it will not happen here. It is important that the Revenue Commissioners carry out a very thorough check.
Will the Department provide information to warn people about fake mass cards and door-to-door collections of clothes for fake charities? These scams make big money and are big business. Dublin County Council sold the rights to pick up clothes to a private company. Liberties Recycling was bringing in drug addicts, retraining them and helping them along, but the county council gave away that business to a private company. I hope that officials from the Department talk to officials from Dublin County Council with a view to doing a deal with the charities to ensure that we can get people back into the workplace again.
I agree with the Deputy. We urgently need this Bill because there is always a risk of destroying the confidence people have in giving to charities by exposing a major wrongdoing. Thankfully, we have a good record of acting with probity, as do the charities. The risk is there and that is what the Charities Bill 2007 is all about. This Bill had been lying around for years and when I came into the Department in 2002 I was determined that it would be published before the election in 2007. We would like to see it enacted before the summer, but it is better to give time to the Bill to get it right. We will deal with it as fast as we can, but we want to get it right.
Community Development.
Michael Ring
Question:4 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if local action groups have been selected to deliver the Leader element of the rural development programme for 2007-13; and if he will make a statement on the matter. [18916/08]
The new rural development programme for 2007-13 was adopted in July 2007 and will be delivered by my Department and the Department of Agriculture, Fisheries and Food. This programme will see an almost threefold increase in funding available for Leader-type activity in Ireland to €425 million over the lifetime of the programme. My Department is responsible for the delivery of Axes 3 and 4 of the programme. Axis 3 focuses on the quality of life in rural areas and diversification of the rural economy, while Axis 4 provides for the implementation of the Leader approach to rural development through local action groups who will deliver the measures in Axis 3.
The measures to be funded under the new programme include diversification into non-agricultural activities for farm families; support for business creation and development; encouragement of tourism activities; basic services for economic and rural population; village renewal and development; conservation and upgrading of rural heritage; and training and information on adapted and new skills. The selection process for the local action groups that will deliver the Leader part of the rural development programme will commence in the immediate future. I intend to put advertisements in newspapers next week.
I am glad that the Minister is to make the announcement next week. Many people in the Leader programme are very anxious that it gets up and running. Some Leader groups got funding from the Minister on a temporary basis to keep them afloat between January and June of this year. Some of them will be approved for the Leader programme, but they will find themselves in difficulty in paying their staff and in keeping their programmes going. Will the Minister make funding available for the period between the making of the application and the approval of such an application by the Department?
There is uncertainty about jobs in many of these companies. The companies will not be able to pay the staff unless they get temporary funding from the Minister. I am glad that the Minister is going ahead with the programme as it is very important for rural Ireland. The delay has been too long, but I am glad to see that the situation in Cavan and Monaghan has been resolved.
If we could sort out Mayo, we would be——
I will talk to the Minister about that later.
I will be more than willing to listen. We are continuing to pay interim funding and we can do so for up to two years. This is because the Department is still paying out on the last programme. As long as the companies are still carrying out significant work, it is within our power to pay them. In 2007, nearly €6 million was made available to Leader groups for additional project funding.
The continuation of interim administrative funding is reviewed on an ongoing basis by my Department in the context of the completion of the work and the roll-out of the new rural development programme. There was a delay, but it was better to go through the process. I got a letter from the EU, through its permanent representative, clearly stating that our departmental procedures were fine. We are now proceeding on that basis. I am also delighted that the cohesion process is now going ahead in Cavan and Monaghan.
Will the Minister provide temporary funding for the companies until the programme is up and running? Some of them have great difficulty in paying their staff. I do not want a situation where the staff are laid off and taken on later.
The Deputy can take it that they will have funding as long as we can sort out the remaining problem. I know of no Leader company——
I do because some of them have contacted me.
I think they told the Deputy that the funding would have come to an end if we had not been able to get the new programme up and running.
My understanding was that these schemes will be——
Nobody wrote to me stating that a company was short of money. It may be the case that they knew there would be a shortage of money if we got into an indefinite impasse, but I do not think the EU would have left it that way. EU officials replied to the query raised in Cavan and Monaghan in a very satisfactory way.
Question No. 5 lapsed.