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Dáil Éireann debate -
Thursday, 19 Jun 2008

Vol. 657 No. 2

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 11, inclusive, answered orally.

Workplace Fatalities.

Billy Timmins

Question:

12 Deputy Billy Timmins asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of deaths in the workplace for each of the past four years; and if she will make a statement on the matter. [24060/08]

The number of recorded fatalities in Ireland as a result of work-related accidents over the past 4 years was as follows:

2004 — 50;

2005 — 74;

2006 — 51;

2007 — 67.

In 2007, Construction, Fishing and Agriculture recorded the highest number of fatalities. The increase in fatalities in the Fishing sector resulted from a number of well-publicised drowning tragedies.

This year, to date, 30 work-related fatalities were reported to the Health and Safety Authority as follows:

Number

Agriculture

10

Construction

9

Transportation and Storage

3

Wholesale and Retail trade & Repair of motor vehicles

2

Manufacturing

2

Water supply and Waste management

1

Public administration & Defence

1

Fishing

1

Other service activities

1

Ireland has an unusual statistical profile in relation to work-related injuries and fatalities. According to the latest statistics from Eurostat, which only refer to 2005, Ireland has one of the lowest rates of reported work-related injury while, at the same time, having one of the higher rates of fatalities.

All fatalities in the workplace are a tragedy. Our rate is high and it is clear that a range of approaches is required to secure and maintain significant improvement.

While the Health and Safety Authority has operational responsibility for advice, support and enforcement in the workplace safety arena, the reality is that the State on its own cannot deliver safety in the workplace. Safe workplaces can only be delivered by those who control and work in them.

This year, targeted inspections by the Authority will be risk based. The aim is to target the Authority's resources effectively throughout 2008, focusing on prioritised workplaces, and those companies, regions and sectors with a poor compliance record.

The following is a tabular statement on workplace fatal accidents for the years in question broken down by sector.

Number of Fatal injuries by economic sector from 2004 to 2007

Number of fatalities (worker and non-worker) by economic sector

2004

2005

2006

2007

A — Agriculture, hunting and forestry

13

18

18

11

B — Fishing

3

2

2

12

C — Mining and quarrying

0

6

2

2

D — Manufacturing

3

7

4

4

E — Electricity / gas / water

0

0

0

0

F — Construction

16

23

13

18

G — Wholesale / retail trade; repair of goods

4

8

3

1

H — Hotels and restaurants

0

0

0

0

I — Transport, storage and communication

6

5

4

9

J — Financial intermediation

1

0

0

0

K — Real estate, renting, business

0

1

2

2

L — Public Admin / Defence

0

2

1

4

M — Education

1

0

0

0

N — Health / social work

1

0

1

0

O — Other community, social and personal services

2

2

1

4

Total

50

74

51

67

Industrial Relations.

James Bannon

Question:

13 Deputy James Bannon asked the Tánaiste and Minister for Enterprise, Trade and Employment the legal position with regard to collective bargaining; if she will amend the law in this regard; and if she will make a statement on the matter. [23994/08]

Emmet Stagg

Question:

23 Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment the legislation in force to give effect to International Labour Organisation Conventions No. 87 — the Freedom of Association and Protection of the Right to Organise Convention 1948, and No. 98 — the Right to Organise and Collective Bargaining Convention 1949; if she is satisfied that rights under both conventions and in particular the right to collective bargaining are adequately protected by Irish law; if she has proposals to amend the law in this area; and if she will make a statement on the matter. [23970/08]

I propose to take Questions Nos. 13 and 23 together.

Ireland is a signatory to both International Labour Organisation Conventions No. 87 on the Freedom of Association and Protection of the Right to Organise 1948 and No. 98 on the Right to Organise and Collective Bargaining Convention 1949 since 1955 and Ireland's laws have been in compliance with these conventions since that date. Ireland ratifies a convention only where our law and practice are in full conformity with it.

To that extent, in ratification, the Conventions have the status of international treaties and Ireland is obliged to adhere to the core objectives established in each of the ILO Conventions, which must be reflected in national practice. Specifically, the enactment of legislation by the Oireachtas across the full range of fundamental labour and social rights comprehends and underpins the realisation of the standards set in these ILO Conventions. These objectives are also realised through the delivery of commitments entered into, for example, in National Partnership Agreements. Ireland's continuing progress in the achievement of these goals issubject to ongoing review and evaluation by the ILO itself, in consultation with the Social Partners.

The Irish Constitution guarantees the right to form and join trade unions. The Courts have upheld the right to take strike action subject only to regard for the legal and constitutional rights of the parties affected. Trade unions, their officials and members who are engaged in industrial action are granted immunity from criminal and civil liability in circumstances defined in the Industrial Relations Act 1990. Trade union representatives and workers are also protected against unfair treatment through provisions contained in the Unfair Dismissals Acts 1977 to 2007, the Industrial Relations (Miscellaneous Provisions) Act 2004 and in the 1993 code of practice entitled "Duties and responsibilities of employee representatives and the protection and facilities afforded them by their employers".

Trade unions who hold a negotiating licence are free to engage in collective bargaining on wages and conditions of employment, as are excepted bodies, essentially bodies whose workers are employed by the same employer and negotiate only on their own behalf. There is no legal or constitutional requirement for an employer to negotiate with a trade union, although the Courts have ruled that it is legitimate for a trade union to engage in industrial action in pursuit of recognition.

Ireland's system of industrial relations is based on a voluntary approach with terms and conditions of employment being determined in the main by a process of voluntary collective bargaining between the parties, without the intervention of the State. The collective bargaining process can cover the entire range of issues arising from the employment relationship.

The State has sought to facilitate the bargaining process through establishing, by legislation, a number of agencies to assist in the resolution of disputes. These agencies are: the Labour Relations Commission, the Labour Court and the Rights Commissioner Service. There are also statutory provisions designed to back up the voluntary process in areas where the parties so wish. The most important provisions are those concerning Joint Labour Committees and Registered Employment Agreements. In addition, the 2004 Enhanced Code of Practice on Voluntary Dispute Resolution and the Industrial Relations (Amendment) Act 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act 2004, provide mechanisms for the resolution of disputes in situations where collective bargaining does not occur and the internal dispute resolution procedures normally used fail to resolve the dispute.

The issue of collective bargaining and the arrangements necessary to support it, particularly having regard to trade union concerns about the operation of the legislation in this area, are under discussion with the social partners in the current social partnership discussions.

Food Prices.

Eamon Gilmore

Question:

14 Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the results of a number of surveys showing that reductions in the cost of goods imported from outside the euro area, which should have followed on from the increase in the value of the euro, particularly against sterling and the dollar, are not being passed on to consumers; the action she will take to ensure that such savings are passed on; if she will provide additional statutory powers for the National Consumer Agency to deal with this problem; and if she will make a statement on the matter. [23924/08]

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if food prices here reflect the strength of the euro; and if she will make a statement on the matter. [24226/08]

I propose to take Questions Nos. 14 and 123 together.

I am aware of the concerns raised in the Deputies' questions and in a number of surveys that consumers may not be experiencing the benefits of the Euro's appreciation in value, particularly against the dollar and sterling and I too share those concerns.

Indeed the latest survey published by the National Consumer Agency yesterday comparing the price of a basket of grocery items in supermarkets north and south of the border show that the supermarkets concerned are charging customers in their stores in the Republic significantly more than what they are charging customers in their stores in Northern Ireland for the same basket of goods. The survey shows for instance that in the case of branded goods, the price charged to customers south of the border ranged from 28% to 31% higher than the price for the same goods north of the border. It is my strong view that retailers have a duty to their customers and to the economies in which they operate to explain why there are such price differentials between their stores in the two jurisdictions. I am not satisfied that we have as yet received adequate explanations for these price differentials.

The Deputies may be aware that prior to carrying out its survey, the National Consumer Agency had, in bilateral discussions with retailers, raised its concerns that the benefits of the Euro's appreciation against the dollar and sterling were not being passed on to consumers. In the course of those discussions, retailers have advised that the benefits of recent exchange rate movements may not be fully reflected in their prices as in many instances they are tied into long term hedging arrangements, which do not make it possible for them to respond to short-term exchange rate fluctuations.

Notwithstanding such considerations, the National Consumer Agency was of the view that in some instances the price charged by retailers reflects a price level that the retailer anticipates the Irish market will bear, and this may or may not take into account movements in exchange rates. The Agency's North/South survey illustrates the reality of the price differential between the two jurisdictions. I welcome the fact that the Agency will, in addition to its regular national Price Comparison Surveys, also conduct further cross border surveys of this nature. The findings of these surveys will help to show as to how competitive the retail marketplace is in the Republic. In addition, the publication of more regular and more comprehensive price information by the National Consumer Agency, and a willingness by consumers to act on that information, can play a key role in the development of a more competitive marketplace.

Aside from the work of the National Consumer Agency, I also initiated an engagement with the retail sector to make it aware of the Government's serious concerns on this mater. In this regard, in the past number of weeks I have met separately with the Irish Business and Employers Confederation and leading members of Retail Ireland, and have also written to major individual retailers. I was advised at those meetings that, while the retail price of goods imported from the UK had lagged exchange rate movements due to factors such as the forward purchase of goods and currency, there had already been reductions in the price of some goods and further reductions were in the pipeline. Whilst the Consumer Price Index data for the month to May 2008 show that there have been some reductions in the price of a number of goods such as breakfast cereals and biscuits known to have a significant UK import content, there is still a considerable way to go as these modest reductions do not reflect the scale of the currency movements between the Euro and Sterling.

It is my intention to continue to constructively engage with the retail sector in the period ahead on this issue. I am determined to pursue the serious questions raised by surveys such as that carried out by the National Consumer Agency with a view to securing a satisfactory outcome for Irish consumers.

Economic Competitiveness.

Tom Hayes

Question:

15 Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the percentage by which she has reduced the administrative cost to business of regulation since the 25% target was set; and if she will make a statement on the matter. [24041/08]

In March 2008, the Government decided to reduce the administrative burden of domestic regulation on business by 25% by 2012. Initially, all Government Departments will be required to list the Information Obligations which their regulations impose on business. From that listing, Departments will assess which requirements are the most burdensome and will then measure the actual cost to business of the most burdensome requirements. At that point the most appropriate approach to achieving the overall 25% target will be re-examined. My Department is responsible for devising the approach and methodology to be used across Government, for coordinating the work across Government Departments and Agencies and for reporting to Government on progress.

I would also like to draw attention to the work of the High-level Group on Business Regulation appointed in July 2007. The Group has been examining concrete areas in which the administrative burden of regulations on business can be reduced. The Group will present its initial report to me shortly. Some examples of the areas examined by the Group are:

Audit Exemption: At the end of 2006, legislation was introduced to raise the audit exemption thresholds applying to small companies. Based on the likely number of companies availing of the exemption in 2007, annual savings are estimated at up to €16.5 million.

Redundancy payments: The processes by which companies reclaim payments made to redundant workers have been streamlined and claims can now be made on-line. Savings to firms as a result are estimated to be of the order of €1.2 million per annum.

Tax Clearance Certificates: Instead of having to submit the original certificate in hard copy, the certificate can now be checked on-line by the Government agency awarding the contract. Savings of the order of €300,000 annually are expected to accrue to businesses concerned.

Waste collection permits: The Minister for the Environment has introduced new regulations whereby waste collection firms can apply to one local authority for a permit and which will apply in other local authority areas. The total cost of the current system is approximately €8 million per annum. The High-level Group intends to measure the savings when the new system has been in effect for a period.

Companies Annual Return: Recently introduced electronic filing of the annual return to the Companies Registration Office has yielded savings to companies of €10 million annually based on take-up to date.

The work of the High-level Group will contribute to the achievement of the Government's target.

Employment Rights.

Charles Flanagan

Question:

16 Deputy Charles Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the cause of the delay for the introduction of the Employment Law Compliance Bill 2008 into the Houses of the Oireachtas; the budget for the National Employment Rights Agency for 2008; and if she will make a statement on the matter. [24036/08]

Kathleen Lynch

Question:

59 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment when the National Employment Rights Authority will be established on a statutory basis; and if she will make a statement on the matter. [23956/08]

I propose to take Questions Nos. 16 and 59 together.

The Employment Law Compliance Bill 2008 was initiated in Dáil Eireann on 13th March 2008. Since its publication, work has been continuing with regard to clarification of certain legal points, operational arrangements after the enactment of legislation — including in relation to employment permits — and the extent to which particular commitments made in Towards 2016 are provided for in the legislation. The Department has been engaged in ongoing discussions with the Office of the Attorney General, with colleagues in other Government Departments and Offices and with Social Partners in this regard. Those discussions are continuing and because Parliamentary time is unlikely to be available this side of the Summer recess, the opportunity will be taken to finalise consideration of the Bill in the context of commitments in Towards 2016, operational issues arising post-enactment and any outstanding legal points.

In the meantime, NERA remains active in the area of workplace inspections and enforcement of existing employment rights legislation. In this regard, the Director has a budget allocation of €10.817 million for 2008 (increased from €8.55 million for 2007). The budget provides for the pay and operational costs of some 141 personnel involved in inspection, enforcement and information provision activities in NERA's Carlow headquarters and in regional offices in Sligo, Dublin, Cork and Shannon. It is intended that the National Employment Rights Authority will be established on a statutory basis one month after the Employment Law Compliance Bill 2008 is signed into law by the President.

Workplace Inspections.

Ruairí Quinn

Question:

17 Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of workplace inspections carried out by the Labour Inspectorate to date in 2008; the way this compares with the same period in 2007; and if she will make a statement on the matter. [23962/08]

The number of employment rights inspections/visits/calls undertaken by the Inspection Services of the National Employment Rights Authority in 2008 to date is 9,852. During the same period in 2007 some 4,587 inspections/visits/calls were undertaken. Of the 9,852 inspections/visits/calls to date in 2008, breaches were detected in 1572 cases. In 2007 breaches were detected in 795 cases. In 2008, €1,008,642 in underpayments of wages due to employees has been recovered by NERA Inspection Services compared to €818,801 for the corresponding period in 2007. These outcomes point to the value of more focused and targeted activities being undertaken by NERA in relation to employment rights promotion and compliance and the increased number of NERA Inspectors.

FÁS Training Programmes.

Jack Wall

Question:

18 Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the report prepared by FÁS, which forecasts that a quarter of all building workers will lose their jobs by the end of 2008; if she shares this analysis; if she is satisfied that adequate opportunities are in place to provide re-training opportunities for those who may lose their jobs in the construction sector; and if she will make a statement on the matter. [23932/08]

Jim O'Keeffe

Question:

32 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the recent FÁS report stating that a total of 65,400 construction workers, a quarter of all building workers, will lose their jobs at the end of 2009; the plans in place to deal with such job losses; if she will put in place measures to retrain these workers; and if she will make a statement on the matter. [23153/08]

Jack Wall

Question:

68 Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is satisfied that all appropriate retraining opportunities are available for workers who lose their jobs, particularly in the construction sector; if she has plans to provide additional training opportunities; and if she will make a statement on the matter. [23929/08]

I propose to take Questions Nos. 18, 32 and 68 together.

The report referred to by the Deputy was an internal FÁS report which was produced by the FÁS Board sub-committee on the construction/contracting sector and discussed by the FÁS Board. It was produced to allow the Agency to respond in an appropriate and effective matter to ongoing developments in the construction industry and to assist workers who are made redundant.

The report projects that employment in the construction sector will fall by 65,400 overall by the end of 2009. This is due to the slowdown in new housing but over the same period new jobs will be created in the three other major sub-sectors of the construction industry (repair and maintenance, general contracting and civil engineering). Further job gains are anticipated in future years according to the FÁS report. We will have to wait to see if these projections are borne out by reality. Employment in the Construction sector is currently at 274,400 (QNHS Quarter 1, 2008) showing a decrease of 3.4% or 9,800 jobs in the year. However, there are now 18,700 more jobs in construction than there were two years ago.

The Department of Finance is projecting new house completions of around 55,000 units this year. In its Medium-Term Review, the ESRI foresees a continuing demand for new homes to 2025 with forecast housing completions at an average of 48,000 per year from 2010 to 2020. So despite current difficulties in housing and construction, the economy needs to continue substantial investment in housing and infrastructure over the coming decade. While the slowdown in new house building has resulted in an increase in unemployment, overall employment is forecast to continue to grow, albeit at a reduced rate than heretofore, thereby providing new job opportunities.

There are a range of training opportunities available to those who lose their jobs in the construction sector to assist them find employment. FÁS Training Services programmes offer a range of specific skills to workers and an individual career path plan can be developed with each redundant worker to assist him/her back into employment. After 3 months on the live register those who are still unemployed are referred by the Department of Social and Family Affairs to FÁS to assist them into training or employment.

FÁS is working through its own Employment Service and with the Local Employment Service provided by Area Based Partnerships to provide increased interviewing and caseload management capacity to respond to the increased numbers on the Live Register. Specifically, FÁS is implementing a range of short and medium term actions for those affected by the increase in unemployment and the construction slowdown such as:

putting in place training to upskill construction workers in relation to emerging needs;

business training and mentoring for workers from larger enterprises entering self-employment;

developing measures to ensure continuity in the apprenticeship system;

promoting access for mobile workers to construction jobs elsewhere in the EU, including the UK.

Aengus Ó Snodaigh

Question:

19 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment if investment in training and upskilling courses for people who have lost their jobs or who are long-term unemployed has increased over the past year; and the amount by which it has increased. [23565/08]

Aengus Ó Snodaigh

Question:

67 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount that is being spent annually to provide training and upskilling courses for the unemployed. [23564/08]

I propose to take Questions Nos. 19 and 67 together.

In 2008 nearly €246 million is being invested in the provision of training and upskilling programmes for the unemployed. This represents an increase of 5.7% on that spent in 2007. This training ranges from basic bridging foundation courses to more advanced skills training and traineeship. In addition to this €377 million will be spent on Community Employment schemes, which are specifically aimed at integrating the long-term unemployed into the workforce by providing work experience and training. This represents an increase of 5.2% on that spent in 2007.

Training for the unemployed is part of wider Government policy in the context of the Government Human Capital Priority commitments in the National Development Plan 2007-13. Over the period of the NDP the Government will invest €7.7 billion in public funds to support training and skills development both for the unemployed and those who are in employment. This is a significant increase when compared with the level of spending over the previous seven-year period (2000-2006) of €5.9 billion. The current level of investment reflects the importance the Government attaches to developing and maintaining an educated, skilled and adaptable work force in Ireland.

As part of this strategy, FÁS provides a range of services to the unemployed with particular emphasis on those who may have difficulty in accessing the labour market such as people with disabilities, women returnees and early school leavers. The focus is on the provision of training and employment programmes, which will assist these groups to enter or re-enter the labour market or progress to further job-related training.

In addition, FÁS provides an integrated support service for anyone made redundant. This involves information sessions, skills analysis, training/retraining courses and job placement. In the delivery of these services, FÁS liaises with other relevant agencies such as Enterprise Ireland, IDA Ireland, the City/County Enterprise Boards and the Department of Social and Family Affairs. FÁS also works closely with the agencies to identify and support individuals who wish to start their own business.

Industrial Development.

Jimmy Deenihan

Question:

20 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures that will be taken in the south east to assist it to make the transition to a knowledge economy; and if she will make a statement on the matter. [24026/08]

The development of the knowledge-based economy is one of the key challenges and opportunities facing Ireland. The factors which have contributed to our economic success to date will not be sufficient to sustain our recent achievements. Increasing international competition is creating pressure for improvements in efficiency, quality and productivity and a growing need to innovate. These pressures are increasing and it requires courageous, forward-looking steps to achieve real strategic change and show tangible medium-term results.

The Government has made a major commitment, through the substantial investment set out in the Strategy for Science, Technology and Innovation (SSTI) and the National Development Plan (NDP) 2007-2013, to making the transition to a knowledge economy and ensure Ireland's continued progress towards securing its position as one of the world's advanced knowledge economies.

Investment in our people and ensuring that they have the skills required to live and work in the global knowledge economy is at the heart of the Government's strategy to progress towards a knowledge economy and society. Similarly we need to ensure that enterprises in Ireland have the absorptive capacity to turn knowledge into products and services that can be competitive and that they develop the capabilities to undertake research and development work in-house and to link effectively with the generators of new knowledge in the higher education sector in Ireland and internationally.

In this regard, the NDP sets out an investment of €8.2 billion to 2013 to make this vision a reality, establishing Ireland as a key location for leading edge research and development, and a location for high quality jobs that are underpinned by knowledge and high skill levels. The allocation of funding under the SSTI is predominantly on the basis of competitive funding calls and in general the programmes have no specific regional focus. Given the competitive nature of funding calls, funding can be expected to correlate closely to demographic and infrastructural factors, in particular the distribution of third level research institutions (universities, institutes of technology, etc) within the country.

Key to the Enterprise Development Agencies' Strategies for the South East Region is to progress the development of a knowledge-based economy, so that the region can compete both nationally and internationally for foreign direct investment and the development of indigenous companies. As part of the process of developing the capabilities of the region, the agencies work very closely with the Local Authorities, Chambers, and a range of private sector interests who supply business support services throughout the region. The Agencies continue to work closely with the third level educational institutions in the region so that the skill-sets necessary to attract high value added employment to the region are being developed. The agencies also maintain a close relationship with FÁS so that the requirements of industry particularly in the areas of training and upskilling are being met.

The South East region has recorded good success in attracting firms in high technology sectors thereby encouraging the transition to a knowledge economy. On the Life Sciences side, key project wins have included Genzyme (Waterford); Abbott and Boston Scientific (Clonmel); Waters Technology (Wexford), Cordis and Alza (Cashel); while several existing companies continue to contribute significantly to the employment base in the region, such as Bausch & Lomb (Waterford), IVAX (Waterford), Merck (Tipperary and Carlow), GlaxoSmithKline (Dungarvan) and Lake Region (New Ross).

Job Creation.

Thomas P. Broughan

Question:

21 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of new jobs she expects to be created during 2008 in regard to manufacturing and to other sectors; the way these compare to figures for 2007; and if she will make a statement on the matter. [23928/08]

Forecasting employment figures is a perilous business and subject to a variety of unforeseen, often extraneous, variables influencing estimates of that nature. However, I still expect employment growth — being the excess of jobs created over jobs lost — to continue in 2008, albeit at a slower pace than in previous years. In the Budget Outlook employment is forecast to grow by over 1% in 2008. The latest available employment data from CSO indicates that at Quarter Q1 2008 there were 53,700 additional people in employment compared with the corresponding period in 2007. When seasonal factors are taken into account there was an increase in employment of 6,200 in the first quarter of this year which is a testament to the resilience of our economy at a time of uncertainty in global economic conditions, the continued strength of the euro and the downturn in the construction sector.

The Irish economy is undergoing a certain amount of adjustment and while the rate of employment growth is expected to slow it must be viewed in the context of historically unprecedented numbers of people in work. Since 1997, over half a million new jobs have been created in Ireland and the number in employment now exceeds 2.1 million. In 2007 the Enterprise Development Agencies created 25,355 jobs across all sectors.

The model of manufacturing in developed economies is changing and Irish enterprises are adapting to those changes and engaging in higher value added activities in order to compete in the global marketplace. The services sector continues to provide significant new employment opportunities. Earlier this year, my predecessor in the Department of Enterprise, Trade and Employment launched the "Report of the High Level Group on Manufacturing". The Group's report contains 26 recommendations directed at key areas of innovation and productivity leading to transformational change, reskilling and management development for the innovative firm, increasing awareness and take up of existing supports. Innovation and the productivity gains that flow from it are the new foundations for competitiveness. Implementation of the Report of the High Level Group is being discussed with the social partners as part of the current review of the Partnership agreement "Towards 2016".

Recognising the increased importance of services worldwide, as well as the increased international tradability of services, Forfás established a dedicated Services Strategy Group whose report will be finalised shortly. From the work of this group we intend to prepare and position Irish enterprise to adapt to the globalisation of services with the aim of achieving sustainable and competitive services enterprise in Ireland.

Competition for foreign direct investment (FDI) continues to be relentless but Ireland continues to punch above its weight when it comes to attracting overseas investment. While costs are higher, we have responded by positioning ourselves as a location for more advanced activities, with more qualified and better paying jobs. The pipeline of new business for which IDA Ireland is competing is as strong as at any time in recent years and we remain confident that Ireland is well placed to secure significant investment during 2008 and beyond from key target sectors such as Pharmaceuticals, Biopharma, Medical Technologies and Information and Communications Technology.

Looking to the future, neither the Government nor my Department are complacent regarding the varied challenges facing the country's economy. One of our main tasks is to ensure that Ireland remains an attractive place to do business, and to support the development of economic competencies higher up the value chain. In that regard, we continue to work to maintain and enhance our framework competitive conditions, and promote new areas of competitive advantage by developing our R&D base, investing in critical physical and communications infrastructures, and promoting tertiary education and lifelong learning, in line with the NDP and the Programme for Government.

Industrial Relations.

Ciaran Lynch

Question:

22 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made to date with regard to her Department’s consideration of the implications for the operation of the Joint Labour Committees of the decision of the High Court to quash an order made by the Joint Committee for the hotel industry fixing minimum wage levels for workers in that sector; and if she will make a statement on the matter. [23954/08]

On 7 February the High Court quashed an Employment Regulation Order made by the Labour Court relating to minimum remuneration of workers in the Hotels Sector and ordered that the matter be remitted to the Hotels Joint Labour Committee. The Hotels Joint Labour Committee met in March 2008 and a new Employment Regulation Order was subsequently made for the sector with effect from 23 May 2008.

The implications of the issues raised during the course of the High Court challenge and any legislative changes that may be necessary to protect the integrity of the JLC system are matters which are under consideration in the current social partnership discussions. I would like to assure the Deputy of the Government's ongoing commitment to ensuring that there are adequate systems and processes in place to underpin employment standards.

Question No. 23 answered with Question No. 13.

Decentralisation Programme.

Róisín Shortall

Question:

24 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made to date with regard to the implementation of the programme of decentralisation in respect of her Department and State bodies under the aegis of her Department; and if she will make a statement on the matter. [23968/08]

Department Decentralisation. My Department has been making good progress in the relocation of the required 250 posts to Carlow under the Government's Decentralisation Programme. The following business units/Offices of my Department are earmarked for decentralisation:

Companies Registration Office/Registry of Friendly Societies;

National Employment Rights Authority (NERA);

Work Permits;

Redundancy Payments Section;

Insolvency Payments Section.

Officials of my Department, in consultation with the Department of Finance and the OPW, as well as decentralising staff and Business Units opened an advance office in Carlow on July 30th 2007. The number of posts in this decentralised advance office is 100. As well as staff already decentralised, there are 48 staff within my Department due to decentralise in the substantive move scheduled for 2009, with a further 42 Carlow-bound applicants yet to be assigned from other Departments.

With regard to the property side of the Department's move, the OPW completed the purchase of a site in Carlow town centre for the construction of my Department's permanent office in Carlow. My colleague Minister of State Noel Ahern TD, announced on 13th December 2007 that the OPW has invited The Macquarie Partnership as the consortium to become the ‘Successful Tenderer' in respect of this decentralisation project. This forms part of a major PPP project, which also involves the provision of office accommodation for the Department of Agriculture, Fisheries and Food in Portlaoise and the Department of Education and Science in Mullingar.

The OPW has advised my Department that the formal application for planning permission was lodged with Carlow Town Council on Friday 18th April 2008. I am hopeful, subject to no planning issues arising, that the completion of construction of the permanent office will be in late 2009.

Agency Decentralisation.

Under the Government Decentralisation Programme, announced in December 2003, six of the Agencies under the aegis of my Department are due to decentralise or have already been decentralised, as follows:

National Consumer Agency (NCA).

The National Consumer Agency (NCA) was formally established on 1st May 2007 and inherited the functions of the Office of the Director of Consumer Affairs (ODCA). The Agency will have a headquarters in Cork City. The Department of Finance has granted sanction for an overall complement of 80 members of staff. The NCA expects that there will be over 90% staff turnover as many of the existing staff, who formerly worked in ODCA and are on secondment from the Department of Enterprise, Trade and Employment, return to the Department. Decentralisation plans are being progressed with a view to the Agency relocating to Cork in the course of 2009. The Agency has forwarded details of its accommodation requirements to the OPW and hopes to shortly identify a suitable property in Cork.

FÁS

FÁS is due to transfer its Head Office including some 383 posts to Birr, County Offaly. FÁS has completed the purchase of 5.59 acres (approximately) in Birr, Co Offaly. A Planning Application is currently being progressed on behalf of FÁS by the vendor's Consultant Engineers and Architects, in discussion with the Consulting Engineers and Architects representing FÁS. In the meantime, since 6 May 2007 FÁS has leased a floor of a building within the Birr Technology Centre to accommodate staff in the decentralised location pending the construction and fitting out of the permanent Headquarters. There are currently 22 Head Office staff based in these premises, which has capacity for approximately 40 staff.

Enterprise Ireland

Enterprise Ireland (EI) is to move 300 posts to Shannon under the decentralisation programme. Progress on the full transfer of EI's HQ to Shannon, within the Government decentralisation programme, will be influenced by factors (many exogenous to EI) such as the level of interest in the Shannon location expressed by CAF applicants and by progress made discussions at a central level on various issues central to Agency decentralisation. EI's latest understanding is that there are 7 internal applicants interested in moving to Shannon. None of these has yet re-located. In parallel with the decentralisation programme, EI has been strengthening its regional focus in recent years. EI now has a major new presence in the Shannon region in addition to its nine other regional offices. In July 2007 EI officially opened its new National Regional Development Headquarters in Shannon and has based the new County Enterprise Support Unit there. Currently there are 40 staff working in the new Shannon office and it is expected that approximately 65 EI staff will be in place there over the coming months. EI has leased high-spec office space in Westpark, Shannon, to accommodate this new Regional HQ. In terms of acquiring a building, Enterprise Ireland, working closely with the Office of Public Works (OPW) has identified, but not yet acquired, a preferred site for the construction of a suitably sized new HQ building in Shannon. The preferred site is a 13-acre site owned by Shannon Development. In co-operation with Shannon Development and the OPW, the site was valued and a feasibility study carried out. The site occupies a prime position in Shannon and is considered suitable for a major landmark building or civic structure.

Health and Safety Authority

The Health and Safety Authority (HSA) is to move 110 posts to Thomastown, Co Kilkenny as part of the decentralisation programme. In anticipation of the move to Thomastown, the Authority established an interim office in Kilkenny city and to date 27 staff decentralised to that office are awaiting transfer to Thomastown, when the new premises there are completed. The current situation is that the Thomastown site purchase is about to be completed. No premises occupation date has yet been agreed with the OPW.

NSAI

Under the Government's decentralisation programme the National Standards Authority of Ireland (NSAI) is due to relocate to Arklow, Co. Wicklow. The number required to decentralise from the NSAI is 132. A total of 10 staff of the NSAI have applied to decentralise to Arklow. In addition a further 86 civil and public servants have applied for decentralisation to Arklow. No staff from the NSAI has transferred to Arklow to date. The accommodation requirements for the NSAI in Arklow are being addressed by the OPW. To date no progress has been made by the OPW in identifying or securing suitable office accommodation in the Arklow area. The current NSAI implementation plan anticipates a target date of April 2009 as the completion date.

Irish Auditing and Accounting Supervisory Authority (IAASA)

In the case of the Irish Auditing and Accounting Supervisory Authority (IAASA), a decision was made prior to its establishment that it would be located in Naas, Co Kildare. Having been established in December, 2005 it moved to new offices at Naas, in January 2006. All IAASA staff have been based in its offices in Naas since its establishment, and as such the Authority is fully decentralised.

Grocery Industry.

Joe Costello

Question:

25 Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is satisfied that the abolition of the Groceries Order has resulted in the reduction in prices that were forecast by her Department when the decision was made; and if she will make a statement on the matter. [23925/08]

Bernard J. Durkan

Question:

41 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she has taken or proposes to take to address the issue of the rapid increase in the price of consumer goods with particular reference to food prices and the suggestion prior to the abolition of the Minimum Prices Order that its abolition would generate greater competition and lower prices; if she has examined the circumstances whereby it appears that the reverse is the case; the action she proposes to take; and if she will make a statement on the matter. [23935/08]

I propose to take Questions Nos. 25 and 41 together.

The Restrictive Practices (Groceries) Order 1987 was revoked by the Competition (Amendment) Act 2006 with effect from 20th March 2006. During the debate that surrounded the removal of the Order my predecessor, Mr. Micheál Martin, indicated that increased competition in the market should lead to prices being cheaper than they would be if the Order remained in place.

Following the enactment of the 2006 Act, Minister Martin asked the Competition Authority to review and monitor developments in the grocery sector in light of the new regulatory environment. In its Report, "Price Trends in the Irish Retail Grocery Sector: A Description of the Evolution of Retail Grocery Prices between 2001 and 2007", published in March 2008, the Authority reports that during the initial nine month period, April to December 2006, following the removal of the Groceries Order, the price trends for Groceries Order items and Non-Groceries Order items behave very differently. The price trends move in opposite directions, with the price of Groceries Order items falling and the price of Non-Groceries Order items rising.

This is the first time that such a divergence between the Groceries Order items and non-Groceries Order items occurred since 2001. The Authority's view is that this may indicate that a structural change has occurred in the price trends for Groceries Order items and Non-Groceries Order items and may reflect a period of price adjustment by retailers who were free to use price enticements to compete.

However, since the beginning of 2007 the price trends for Groceries Order items and Non-Groceries Order items appear to behave similarly, with both trends rising. Towards the end of 2007, the rise in the price of Groceries Order items is steeper. This trend however is not an issue particular to Ireland as rising food prices are being experienced right across the world due to a number of factors including climatic, economic and demand reasons.

The global biofuel industry is causing fundamental changes to agricultural markets and is likely to keep the prices of agricultural commodities high over the next decade. A rise in input and transportation costs consequent on increased fuel and energy prices has also contributed to the increase in biofuel production. The resulting loss of significant tracts of potential food-producing land in favour of the bio-fuel industry has pushed up the cost of the animal feed used by dairy farmers. This has also coincided with surging demand for meat and dairy produce in India and China, as their economies and diets become more westernised. Nearer to home, persistent rain in Ireland last summer had a significant effect on crops such as cabbage, cauliflower and broccoli with up to 50% of some growers' yields being severely affected. Grain prices in Ireland continue to rise with the realisation that wheat harvests in most regions did not deliver as expected which in turn has increased the price of barley. In terms of food prices into the future, it is likely that the demand, economic and climatic reasons which underlie the recent price increases may continue to be experienced for some time.

Government policy insofar as the price of food to Irish consumers is concerned, is focused on promoting a competitive grocery market and raising consumer awareness in relation to the need to get the best value for money when doing their grocery shopping. In this regard, the National Consumer Agency has carried out a Grocery Price Comparison Survey in the area of food prices. The results of the survey found that food prices are on a strong upward trend primarily due to international factors. The Agency concluded that consumers can force more competition in the grocery sector by informing themselves of the prices of products charged by different retailers and shopping around, if they have sufficient choice, and not necessarily doing a "weekly shop" in the one outlet.

Consumer Protection.

Emmet Stagg

Question:

26 Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps being taken to implement the commitment in the Programme for Government that steps would be taken to ensure that consumer codes of conduct are published by businesses; and if she will make a statement on the matter. [23967/08]

The Consumer Protection Act 2007, which commenced in May last year, empowers the National Consumer Agency to prepare and publish Guidelines to traders in relation to matters of consumer welfare and protection and matters related to commercial practices. The Act also empowers the Agency to review or approve Codes of Practice submitted to it by traders or their trade associations where the Agency is satisfied that the Code of Practice protects consumer interests.

The Agency is currently giving priority to finalising Guidelines for business in two specific areas namely, the Retail Sector and the Health and Fitness Sector. I wish to acknowledge the constructive manner in which the Agency is engaging with business. I also fully support the stated intention of the Agency to continue to promote robust Codes of Practice covering various aspects of business activity over time.

I welcome the positive steps taken by the Agency in working with traders and their representative associations to develop a strong consumer culture amongst Irish business. I am certain that the development of such a culture through initiatives such as Agency Guidelines and Consumer Codes of Practice will be to the benefit of not only consumers but also the businesses themselves and the economy as a whole.

Question No. 27 answered with Question No. 9.

Industrial Relations.

Eamon Gilmore

Question:

28 Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment the legislative or other measures she will take to uphold the right to collective bargaining and particularly the right of a trade union to represent its members; and if she will make a statement on the matter. [23922/08]

Martin Ferris

Question:

53 Deputy Martin Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on legislation in Dáil Éireann that would provide workers with the right to strike and collectively bargain. [23567/08]

Martin Ferris

Question:

58 Deputy Martin Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will draft legislation that will enshrine the right to collective bargaining and the right to strike for Irish workers. [23566/08]

I propose to take Questions Nos. 28, 53 and 58 together.

"The Irish Constitution guarantees the right to form and join trade unions. The Courts have upheld the right to take strike action subject only to regard for the legal and constitutional rights of the parties affected. Trade unions, their officials and members who are engaged in industrial action are granted immunity from criminal and civil liability in circumstances defined in the Industrial Relations Act 1990. Trade union representatives and workers are also protected against unfair treatment through provisions contained in the Unfair Dismissals Acts 1977 to 2007, the Industrial Relations (Miscellaneous Provisions) Act 2004 and in the 1993 code of practice entitled "Duties and responsibilities of employee representatives and the protection and facilities afforded them by their employers".

Trade unions who hold a negotiating licence are free to engage in collective bargaining on wages and conditions of employment. Ireland's system of industrial relations is based on a voluntary approach with terms and conditions of employment being determined in the main by a process of voluntary collective bargaining between the parties, without the intervention of the State. The collective bargaining process can cover the entire range of issues arising from the employment relationship.

The State has sought to facilitate the bargaining process through establishing, by legislation, a number of agencies to assist in the resolution of disputes. These agencies are: the Labour Relations Commission, the Labour Court and the Rights Commissioner Service. There are also statutory provisions designed to back up the voluntary process in areas where collective bargaining does not operate effectively. The most important provisions are those concerning Joint Labour Committees and Registered Employment Agreements. In addition, the 2004 Enhanced Code of Practice on Voluntary Dispute Resolution and the Industrial Relations (Amendment) Act 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act 2004, provide mechanisms for the resolution of disputes in situations where collective bargaining does not occur and the internal dispute resolution procedures normally used fail to resolve the dispute.

The issue of collective bargaining and the arrangements necessary to support it, particularly having regard to trade union concerns about the operation of the legislation in this area, are under discussion with the social partners in the current social partnership discussions.

Health and Safety Regulations.

Liz McManus

Question:

29 Deputy Liz McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the increase in the number of deaths recorded in workplace accidents in the construction sector during 2007; her proposals to ensure a reduction in the number of construction accidents and deaths; and if she will make a statement on the matter. [23958/08]

Liz McManus

Question:

44 Deputy Liz McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the 34% increase in the number of deaths recorded in workplace accidents during 2007; her proposals to ensure a reduction in the number of workplace accidents and deaths; and if she will make a statement on the matter. [23957/08]

Jan O'Sullivan

Question:

48 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of workplace accidents and the number of workplace fatalities recorded to date in 2008; the way this compares with the same period in each year from 2002; and if she will make a statement on the matter. [23959/08]

I propose to take Questions Nos. 29, 44 and 48 together.

The number of deaths recorded in workplace accidents during 2007 was 67 compared to 51 in 2006. Of these, 18 occurred in the construction sector in 2007, an increase of 5 on the 2006 figures.

In terms of injuries, there were over 7,000 non-fatal work injuries overall reported to the Health and Safety Authority (Authority) which has operational responsibility for promoting health and safety in the workplace, in 2007. The most common non-fatal accident triggers for all sectors were handling, lifting and carrying (34%), and slips, trips and falls (18%). These have repeatedly been the two most common categories every year since 2000. However, there has been a steady decrease in the number of injuries reported to the Authority each year since 2004.

There have been 30 workplace deaths reported to the Authority so far in 2008. For the first six months in each of the following years the figures are 36 in 2007, 24 in 2006, 32 in 2005, 24 in 2004, 38 in 2003 and 25 in 2002. 2008 showed signs of improvement but April was a particularly bad month with 10 workplace deaths, 4 of which were in construction and 3 in agriculture. The last time such a high figure was recorded in a single month was January 2007. Construction and agriculture are consistently the most dangerous areas in which to work with 19 of the 30 deaths so far this year attributed to these sectors.

To date in 2008, a total of 2,894 non-fatal accidents, resulting in absence of more than three days from normal work, were reported to the Authority across all sectors. This compares to 3,865 non-fatal accidents reported in the first six months of 2007, 4,001 for the same period in 2006, 3,841 for the same period in 2005, 3,419 for the same period in 2004, 2,096 for the same period in 2003 and 1,823 for the same period in 2002.

It is important to remember that it is not the State which delivers safety at work. Safe Workplaces can only be delivered by those who work in them. Responsibility for Safety at Work rests ultimately on the shoulders of employers and employees. That said, I am on record as having voiced the Government's concerns at the increase in fatalities both generally and in the construction sector. The Health and Safety Authority shares those concerns and continues to focus its inspection and awareness campaigns on construction and other high-risk sectors. Also, the Authority continues to work with employer and employee organisations to make workplace safety, health and welfare an integral part of doing business in every workplace.

Based on its own risk assessment, it is prioritising the high-risk sectors of agriculture, construction, transportation and storage, mines and quarries. In relation to the construction sector, the Authority has plans to carry out 7,000 construction site inspections in 2008. Also, it will continue to implement the Safety, Health and Welfare at Work (Construction) Regulations 2006 and the Safe System of Work Plan (SSWP).

The Authority, following consultation with its stakeholders, has launched a comprehensive Construction Safety Code of Practice for Contractors with Three or Less Employees, which is a further tool in advocating safe practice in the workplace. I also understand that a Code of Practice on scaffolding safety is due for publication shortly and the Authority also has plans to develop, consult on and publish codes of practice on construction anchors, pre-cast concrete and roof work in 2008.

In addition to this, I formally launched the Construction Safety Partnership Plan 2008-2010 on Tuesday, 17th June 2008. The Construction Safety Partnership (CSP) includes representatives of the Construction Industry Federation (CIF), Irish Congress of Trade Unions (ICTU), Health and Safety Authority (HSA) and other relevant agencies and Government Departments and its overall aim is to achieve the highest possible standard of safety health and welfare in Irish construction.

Job Creation.

James Reilly

Question:

30 Deputy James Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of new jobs created by County and City Enterprise Boards for each of the years 2004, 2005, 2006, 2007 and to date in 2008; the job losses from CEB created jobs for each of the years 2004, 2005, 2006, 2007 and to date in 2008 with a breakdown for each year on a CEB by CEB basis; if she will present the information in tabular readable form; and if she will make a statement on the matter. [24074/08]

The 35 County and City Enterprise Boards (CEBs) were set up in 1993 to provide support for micro-enterprises in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The CEBs deliver a series of Programmes to underpin this role and they can provide both financial and non-financial assistance to a project promoter.

The Boards are widely dispersed geographically and provide a single point of contact at local level for new and established small businesses. All areas of the country are served by and benefit from, the full range of Enterprise Board grant supports and entrepreneurial development programmes. Subject to certain eligibility criteria enterprises may access assistance and support from the CEBs. The forms of financial assistance which are available, subject to certain restrictions, include Capital Grants, Employment Grants and Feasibility Study Grants. The provision of non-financial assistance can take the form of a wide range of business advice such as Programmes covering Business Management, Mentoring, E-commerce, Enterprise Education, and Women in Business networks.

The table below provides details of the number of new jobs created by individual CEBs for each of the years 2004 through to 2007, as requested by the Deputy. The data is available on the yearly net increase or decrease in the number of full-time equivalent jobs created in CEB assisted companies. My Department does not collect or retain information on the number of specific job losses in CEB assisted companies either locally or by region. Data in respect of 2008 job creation figures will not be available until early 2009.

Number of new jobs created by County and City Enterprise Boards for each of the years 2004, 2005, 2006, 2007

County and City Enterprise Boards

2004

2005

2006

2007

Totals

Carlow

-24.00

60.00

87.00

32.50

155.50

Cavan

133.50

63.50

57.00

125.50

379.50

Clare

36.50

86.00

82.50

114.50

319.50

Cork City

11.00

-23.50

10.00

231.00

228.50

Cork North

-3.50

12.00

8.00

67.50

84.00

Cork South

27.00

-25.00

-14.50

94.00

81.50

Cork West

53.00

59.50

23.00

7.00

142.50

Donegal

407.00

-33.50

175.50

245.00

794.00

Dublin City

-17.00

198.00

273.50

33.50

488.00

Dun Laoghaire/Rathdown

84.50

-48.50

53.00

171.00

260.00

Fingal

94.50

13.50

74.00

125.50

307.50

Galway County/City

47.50

130.50

32.00

223.00

433.00

Kerry

15.50

26.50

31.00

59.00

132.00

Kildare

24.50

62.00

43.00

147.00

276.50

Kilkenny

63.00

109.50

127.50

-81.00

219.00

Laois

55.50

69.50

66.00

3.00

194.00

Leitrim

44.50

53.50

29.00

-34.50

92.50

Limerick City

-39.00

42.50

34.50

105.50

143.50

Limerick County

71.50

20.00

15.50

-23.50

83.50

Longford

8.50

52.50

36.50

55.00

152.50

Louth

78.50

220.00

54.00

-95.00

257.50

Mayo

90.50

52.50

110.00

46.00

299.00

Meath

45.50

92.00

85.00

2.00

224.50

Monaghan

-13.50

90.00

165.00

68.00

309.50

Offaly

86.50

49.50

-33.50

97.50

200.00

Roscommon

31.50

54.00

85.50

59.00

230.00

Sligo

-19.50

-41.50

63.00

43.00

45.00

South Dublin

-117.00

17.50

79.00

24.00

3.50

Tipperary (NR)

35.50

19.00

20.50

25.00

100.00

Tipperary (SR)

65.50

-40.50

48.00

122.00

195.00

Waterford City

-132.50

62.50

42.50

-34.50

-62.00

Waterford County

45.00

41.50

63.00

29.50

179.00

Westmeath

163.00

100.00

4.00

81.00

348.00

Wexford

6.50

210.00

35.50

87.50

339.50

Wicklow

-67.50

82.50

-18.50

9.50

6.00

Totals

1,392.00

1,937.50

2,047.00

2,265.00

7,641.50

Employment Rights.

Willie Penrose

Question:

31 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the nature of the agreement made at the Council of Ministers meeting on 9 June 2008 regarding the Temporary Agency Workers Directive; the way it is planned to implement the Directive here; and if she will make a statement on the matter. [23921/08]

Ministers of twenty-seven EU Member States reached political agreement at the Employment, Social Policy, Health and Consumer Affairs Council on 9/10 June 2008, on the longstanding issues of the Temporary Agency Work and the Working Time Directives. The Council Common Position on both these Directives will now be submitted to the European Parliament, as foreseen by the co-decision procedure.

Under the agreement reached at Council, the basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to do the same job. The agreement also provides the possibility to establish arrangements concerning the basic pay and working conditions which derogate from this principle of equal treatment by way of collective agreements as comprehended under the provisions of Article 5.3 and through agreements concluded by the social partners, at the national level, as comprehended under the provisions of Article 5.4 of the proposed Directive. Other aspects of the Common Position agreed by EU Ministers include the review of prohibitions and restrictions on temporary agency work as envisaged under the provisions of Article 4 of the proposed Directive. Under the terms of the agreement reached by EU Ministers, there is a three year period proposed in which Member States will be required to transpose the Directive, following adoption, into national legislation.

It is the intention of Government to discuss with the Social Partners the arrangements most appropriate to Irish circumstances, having regard to the choices of agency workers, the framework provided for in the Directive and the need for flexibility at different levels. An agreement in this area is a matter for the Social Partners but the State will, of course, have a role not least with regard to broad public policy on maintaining flexible employment opportunities and the rights of those employed.

Question No. 32 answered with Question No. 18.

Company Law.

Ciaran Lynch

Question:

33 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the call made by the Director of Corporate Enforcement for the provision of a whistle-blowers provision to protect people who draw attention to wrong doing in business; if it is intended to include such a provision in the planned companies consolidation and reform bill; and if she will make a statement on the matter. [23934/08]

The issue of whether or not there should be provisions for "whistleblowing" (and related protection of the whistleblower from penalisation), specifically in the context of breaches of company law, was considered by the Company Law Review Group (CLRG), as part of its 2007 Work Programme.

The CLRG is the statutory body appointed to advise the Minister for Enterprise, Trade and Employment in relation to company law matters. The Director of Corporate Enforcement is a member of the CLRG. The CLRG's Report on its 2007 Work Programme has been submitted to me for consideration. In accordance with the statutory requirements, the Report has been laid before the Houses of the Oireachtas.

The CLRG concluded that the balance of risks involved is weighted heavily against proceeding to insert specific whistleblowing provisions in the Companies Act and that there is no compelling public policy interest at stake. The benefits of creating such provisions are not justified by the extent of company law malpractice or by their likely effectiveness. Given the international regulatory situation, there is no economic rationale to support Ireland's being in the vanguard on this issue. Finally, taking account of the reputational risk to companies and the extra resources, or diversion of resources, in respect of the enforcement agencies, the CLRG's majority recommendation is that a company law-specific "whistleblowing" provision should not be included in the new Companies Bill.

Price Inflation.

Willie Penrose

Question:

34 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the matters discussed at her meeting with the National Consumer Agency on 23 May 2008; if decisions were made at the meeting; if she plans new initiatives arising from the rapid increase in prices on a range of items, particularly food products; and if she will make a statement on the matter. [23920/08]

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she has taken or proposes to take to combat rising prices; and if she will make a statement on the matter. [24222/08]

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the increase in prices to the consumer with particular reference to the food sector at a time when producers are being paid less; and if she will make a statement on the matter. [24224/08]

I propose to take Questions Nos. 34, 119 and 121 together.

I share Deputies' concerns about recent increases in the price of goods and services. The greater part of those increases have resulted from global factors over which Government here has little or no influence. Approximately 60 per cent of the rise in the Consumer Price Index in the year to May 2008 was attributable to rises in the price of fuels, food and mortgage interest rates.

Measured on a harmonised basis, our inflation rate in the year to May 2008 was 3.7 per cent, the same as the euro area average and below the EU average of 3.9 per cent. Only 5 member states recorded a lower annual inflation rate over this period. Though we all obviously wish that price rises here were lower, these figures show that our current inflation performance is on a par with that in comparable countries and is, if anything, a little better than the EU norm.

The increase in food prices over the past year is a particular cause for concern as these bear most heavily on less well-off households. In the year to May 2008, the price of food and non-alcoholic beverages, as measured by Consumer Price Index data compiled by the CSO, increased by 7.8 per cent. This increase is mainly due to the international rise in commodity and energy prices. Food prices have risen sharply in virtually all parts of the world with serious effects on some developing countries in particular.

Though there is no doubt that consumers are paying more for food products, it is not correct to say that food producers are all being paid less. The most recent CSO data on the prices paid to farmers for agricultural produce show substantial increases in cereal and milk prices in particular. Though input costs have also risen significantly and farmers will maintain that a disproportionate share of the retail price of food products still goes to processors and retailers, it should be acknowledged that farm gate prices have risen considerably for some products.

Though I am reluctant to make forecasts about future price developments, particularly in a sector as prone to price volatility as food, there is evidence that food price inflation has begun to moderate. The cumulative increase of 1.4 per cent in food prices in the three months to May 2008, for example, was half the increase of 2.8 per cent in the three months to April 2008. The Consumer Price Index data for May 2008 also showed reductions over the preceding month in the price of a number of food items such as eggs, breakfast cereals, cheese and biscuits. Though food prices remain subject to considerable uncertainty and are very unlikely to return to the lower values of the past, there is reason to believe that the level of price increase over the next year will not mirror that of the last twelve months.

Consumer prices in Ireland cannot escape the effects of global increases in commodity and energy prices and it would be misleading to pretend otherwise. What we can do domestically is to work to promote greater competition in the retail sector and to encourage and empower consumers to use their purchasing power to put pressure on retailers to compete on price with their rivals. The Government have asked the Competition Authority to monitor the operation of the grocery trade on an ongoing basis in respect of matters such as the competitive structure of the wholesale and retail sectors and the analysis of price trends.

At my meeting with senior officials of the National Consumer Agency on 21 May, we agreed on the need for more frequent and extensive price surveys, including surveys comparing prices here and in Northern Ireland of the kind published yesterday. The findings of that survey underline the need for more effective competition in the retail sector. The publication of more regular and more comprehensive price information by the National Consumer Agency, and a willingness by consumers to act on that information, have an important part to play in the development of a more competitive retail marketplace. The meeting with the NCA also discussed the reluctance of retailers generally to reduce the prices of goods imported from the UK in line with the appreciation of the euro against sterling. Subsequent to that discussion, I have taken a number of steps to bring the Government's concerns on this matter to the direct attention of retailers. I will continue to engage with retailers on this issue, and on any other issue where such engagement is warranted, in the interests of securing a satisfactory outcome for Irish consumers.

National Minimum Wage.

Pat Rabbitte

Question:

35 Deputy Pat Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspections carried out by the Labour Inspectorate to ensure that the minimum wage was being paid in relation to 2006, 2007 and to date in 2008; the number of breaches detected; the number of prosecutions initiated; and if she will make a statement on the matter. [23963/08]

The number of calls/visits/inspections carried out in relation to the National Minimum Wage Act, 2000 during which breaches of the Act were detected and the number of prosecutions initiated is as follows:-

in 2006: 2,002 calls/visits/inspections were undertaken; in 104 cases breaches were detected and in one case a prosecution was initiated.

in 2007: 1,942 calls/visits/inspections were undertaken; in 192 cases breaches were detected and no prosecutions were initiated.

to date in 2008: 1,630 calls/visits/inspections have been undertaken; in 124 cases breaches have been detected and no prosecutions have been initiated.

NERA undertook a targeted campaign, which focused on compliance with the National Minimum Wage Act 2000, during the period 14 April to 11 May 2008. Such campaigns, accompanied by awareness and promotional activities, are a significant feature of the National Employment Rights Authority's employment rights compliance and information strategy.

The primary role of the National Employment Rights Authority in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees.

It should be noted that in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation. The Deputy should be aware that Rights Commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

Departmental Agencies.

Joanna Tuffy

Question:

36 Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff employed by the Office of the Director of Corporate Enforcement; if she has outstanding requests for additional staff or resources for the office; and if she will make a statement on the matter. [23933/08]

Last year my Department responded to the Director's request for additional staffing resources by increasing the approved Departmental staff complement from 30 to 38. In addition, approved Garda staff numbers were also increased by one in 2007 bringing the total approved staffing complement of the ODCE to 46 posts.

Four of the additional 8 Departmental staff were provided to the ODCE in 2007 and a further 2 were provided in early 2008 and, I expect that my Departmental commitment to providing a further 2 will be fully met by the end of July 2008. This commitment is contingent on securing a release date for one staff member currently employed by another Department. The Director indicated to my Department in late 2007 that having integrated these additional staff, he would review his request for further extra staff at the end of the 2008 and advise my Department at that stage of the results of that review.

Unemployment Levels.

Arthur Morgan

Question:

37 Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the new initiatives the Government has planned to tackle the growing rates of unemployment. [23563/08]

Arthur Morgan

Question:

72 Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the latest figures on unemployment which show a marked increase in the past year. [23562/08]

I propose to take Questions Nos. 37 and 72 together.

Unemployment is measured by the Quarterly National Household Survey, collated and published by the CSO. The latest release on 5th June for Quarter 1 2008 (Dec-Feb 2008) shows that there are now 102,100 people unemployed, an increase of 8,700 in the year. The current rate of unemployment is 4.6%.

Employment has grown by 2.6% or 53,800 in the year to the first quarter of 2008 and, despite the slowdown in the economy, it is forecast to continue to grow this year by 24,000. The latest Live Register release on 10th June, relating to the month of May, recorded 201,756 are signing on. The Live Register is not designed to measure unemployment as it includes part-time, seasonal and casual workers entitled to unemployment benefit.

The increase in the live register is not unexpected following on particularly from the slowdown in the construction industry. This increase must be seen in the context of the substantial increase in employment by 224,300 in the three-year period since 2005. The number of people currently in employment is 2,135,100. It is generally accepted that the strong rate of growth experienced over the past few years could not continue and the economy is now entering a period of adjustment.

The most recent FÁS/ESRI Employment and Vacancies Survey for April 2008 shows that the percentage of firms reporting vacancies across all sectors is 7%, indicating that there is not a collapse in employment opportunities. After 3 months on the live register those who are still unemployed are referred by Department of Social and Family Affairs to FÁS to assist them into training or employment.

FÁS is working through its own Employment Service and with the Local Employment Service provided by Area Based Partnerships to provide increased interviewing and caseload management capacity to respond to the increased numbers on the Live Register. The range of integrated support services provided by FÁS also involves information sessions, skills analysis, training/retraining courses and job placement. These services will be available for those who become redundant because of company restructuring or closures.

Specifically, FÁS is implementing a range of short and medium term actions for those affected by the increase in unemployment and the construction slowdown such as:

putting in place training to upskill construction workers in relation to emerging needs;

business training and mentoring for workers from larger enterprises entering self-employment;

developing measures to ensure continuity in the apprenticeship system;

promoting access for mobile workers to construction jobs elsewhere in the EU, including the UK.

FÁS is also working on increasing its market share of vacancies in the employment market through a range of marketing efforts. As a result, vacancies notified to FÁS in 2007 increased by 12%. In the delivery of these services, FÁS liaises with other relevant agencies such as Enterprise Ireland, IDA Ireland, the City/County Enterprise Boards and the Department of Social and Family Affairs.

Proposed Legislation.

Denis Naughten

Question:

38 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to update the partnership law; and if she will make a statement on the matter. [19800/08]

The Company Law Review Group (CLRG) was asked, as part of its Work Programme for 2007, to examine the issue of "Limited Liability Partnerships" (LLPs). This follows from concerns, particularly of the legal profession, about the consequences of unlimited liability on partners in a firm.

The Report of the CLRG on its 2007 Work Programme has been presented to me and laid before the Houses of the Oireachtas.

In its Report, the CLRG outlines the problems which current partnership law is perceived to cause for certain types of business organisation in Ireland and concludes that the problems are real and substantial. CLRG explores how the introduction of LLP legislation could address these problems and the types of safeguards which might need to be put in place to protect clients, customers and third parties generally, in their dealings with LLPs. The CLRG also considers whether the problems raised by current partnership law can be resolved by other means, without the need to amend the law of partnership.

The CLRG came to the conclusion that a final decision on whether LLPs should be introduced, and on the shape and form which LLP legislation should take, can only be reached after a full consultation process involving all of those affected by the issues arising. To that end the CLRG's Report poses a series of questions and the Review Group intends to reconsider the matter based on the responses to those questions. I await the CLRG's further examination of the issue.

National Consumer Agency.

Mary Upton

Question:

39 Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is satisfied with the work to date of the National Consumer Agency; and if she will make a statement on the matter. [23926/08]

The National Consumer Agency was established on a statutory basis on the commencement of the Consumer Protection Act 2007 on the 1st May 2007. The Act gave the Agency a significantly expanded remit with specific functions in areas such as consumer advocacy, research, information, education and awareness and enforcement.

In the 12 months since its establishment, the Agency has been very active in the exercise of its expanded remit. For example, in the area of consumer information, the Agency has undertaken high profile campaigns to inform consumers about their rights, including the Shoppers' Rights Card and the Know your Rights campaigns which have resulted in a doubling of calls to the Agency's dedicated helpline to almost 70,000 calls in 2007 alone. In addition the Agency has produced a range of booklets to advise consumers of their rights including advice in relation to Toy Safety, Buying a Car etc.

In the area of consumer awareness, the Agency has dedicated considerable resources in the last year to raising the awareness of consumers in relation to the price that they pay for goods and services, particularly in relation to the price of grocery items. The Agency's latest Grocery Price Survey, the results of which were published at the end of February 2008, represented the most comprehensive survey of grocery prices and retail grocery outlets conducted in Ireland with the exception of the surveys carried out by the Central Statistics Office. Research carried out by the Agency has found that a significant number of consumers have already changed their shopping behaviour on the basis of the results of the Agency's surveys. The Agency is committed to continue to conduct such surveys so as to provide consumers with the necessary information to enable them to make informed choices in relation to where they can get the best value for the goods that they buy.

In the area of advocacy, the Agency has been particularly active in advocating the consumer's case on a range of issues and with a number of different traders. In this regard, the Agency successfully negotiated on behalf of 2,500 concertgoers with the promoter of a concert for varying levels of compensation arising out of difficulties experienced at that concert. The Agency also successfully intervened to advocate on behalf of consumers who had booked flights to the USA at a particular price which the airline was not prepared to honour. The Agency is currently advocating on behalf of broadband users and is working in co-operation with the Advertising Standards Authority of Ireland and the Communications Regulator to address difficulties in relation to the manner in which broadband services are advertised, particularly in the areas of service delivery and performance. Another advocacy initiative undertaken by the Agency was the establishment of its Stakeholder Forum on Multi Unit Developments. The aim of the Forum is, through the involvement of the various stakeholders, to try to address some of the problems being experienced by dwellers of Multi Unit Developments. As a result of the work of the Forum, the Agency hopes to publish specific Guidance and Educational material to assist Multi Unit Development dwellers.

In the area of research, the Agency has commissioned a major piece of research in relation to the home construction industry and the problems faced by consumers in relation to certain aspects of that industry. The Agency expects to publish the results of this research before the end of the year.

As regards enforcement, the Agency has sought to concentrate its enforcement efforts in those areas where there is greatest consumer detriment. A particular focus has been placed on the area of "car clocking" which is of serious concern. The Agency successfully prosecuted one car dealer and obtained a formal undertaking from another dealer to cease the practice of car clocking and to compensate customers who had been adversely affected by the practice. The Agency intends that car clocking will continue to be a priority. The Agency has also been very active in the area of product safety and in particular in relation to the process of product recalls. The Agency has focussed particularly on toy safety and in this regard recently convened a major seminar on this issue. As regards other enforcement activity, the Agency has successfully prosecuted 11 traders for breaches of Consumer legislation and served 16 fixed payment notices since the commencement of the Consumer Protection Act in May 2007. It has also issued 7 compliance orders and received 3 undertakings.

I am satisfied that the Agency is embracing the full breath of its statutory remit and is acting as a forceful advocate on behalf of consumers. I wish to pay tribute to the Agency and its staff for the manner in which they are redressing the balance of power more towards the consumer. I am confident that the Agency, working on behalf of Irish consumers, will ensure that the consumers' interests will continue to be at the forefront of the national agenda.

Departmental Agencies.

Kathleen Lynch

Question:

40 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the criticism expressed by the Comptroller and Auditor General regarding the failure of FÁS to achieve value for money in its dealings with its principal advertising agency as well as misdirecting FÁS funds on a website project; if he has raised these matters with the FÁS board; the response she has received; and if she will make a statement on the matter. [23955/08]

The criticisms referred to by the Deputy relate to a report dealing with a number of issues which arose in recent audits of Non-Commercial Semi-State Bodies, including FÁS. I have discussed the matter with the Director General of FÁS and the issue has also been raised at a recent meeting of the FÁS Board.

The issues referred to by the Comptroller and Auditor General had been previously identified in a report by the FÁS Internal Audit Unit which was subsequently forwarded by FÁS to the Comptroller and Auditor General. The issues identified in the report arose in the period 2002-2005.

FÁS has taken a number of steps in response to its internal audit report, on which the Comptroller and Auditor General's report is based, by strengthening its procedures and internal financial controls.

Question No. 41 answered with Question No. 25.

County Enterprise Boards.

Dan Neville

Question:

42 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on restructuring the financial supports offered by county and city enterprise boards; her further views on increased capital grant up from the maximum level of €75,000, an increased employment grant per job up from the maximum €7,500 per job and an increased feasibility grant up from the level of €7,500 and €5,100 per individual study; and if she will make a statement on the matter. [24062/08]

A fundamental review of the role and functions of the County and City Enterprise Boards (CEBs) in the development of micro-enterprises, including the level of financial assistance which they have available to them, was conducted during 2004 on behalf of the Department by Fitzpatricks and Associates, Economic Consultants. The Review recommended that, in providing assistance to micro-enterprises, CEBs should focus more on economic, rather than social or local development, objectives; that there should be a renewed focus on the core enterprise mission; that the issues of potential deadweight, displacement and duplication should be more systematically and rigorously addressed and that there should be a move away from direct grant aid to repayable finance as well as a greater provision of soft supports as an alternative to grant aid. In the context of its key policy role my Department, in association with the CEB Central Co-ordination Unit within Enterprise Ireland and with the CEBs, monitors the range of support services offered by the CEBs on an ongoing basis particularly in the light of the economic climate.

Job Protection.

Brian O'Shea

Question:

43 Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the threat to jobs at a company (details supplied); the requests for assistance she has received from the company; if it is intended to provide assistance to the company, particularly having regard to its importance to the local and national economy; and if she will make a statement on the matter. [23930/08]

Joan Burton

Question:

71 Deputy Joan Burton asked the Tánaiste and Minister for Enterprise, Trade and Employment the rationale for the decision to refuse to underwrite Waterford Wedgwood loans; if she proposes to allocate funds for a targeted package for investment in retraining for workers who may become unemployed as a result of the financial difficulties at Waterford Wedgwood; if she will propose an alternative mechanism for maintaining the production of Waterford Crystal in Waterford over the long term; and if she will make a statement on the matter. [21958/08]

I propose to take Questions Nos. 43 and 71 together.

Management of Waterford Wedgwood plc requested support to assist in the implementation of its restructuring plan at Waterford Crystal. Detailed discussions were held with the company with a view to identifying possible interventions that would assist them to successfully complete the planned restructuring in Waterford, while not undermining the policy position that has underpinned our enterprise development strategies over the last 20 years or so.

The thrust of this enterprise strategy is to concentrate State support to firms for investments which will help them to compete successfully in an increasingly globalised economy. The Government sees its role as helping to create an economic environment where business can prosper, focusing on interventions that are related to developmental investment by companies, such as R&D grants, support for upskilling, etc. Such policy does not extend to providing the type of support sought by the Company in this case.

While it was not possible to accede to the Company's request for assistance, the Government believes that there is a solid future for a restructured Waterford Crystal operation in Ireland and has asked that the Board of Waterford Wedgwood, its management and its staff work together to agree such financial and other measures as are necessary for the successful implementation of the restructuring plan. Any request or proposal from the Company for aid for future new investment will be considered sympathetically by the enterprise development agencies, as appropriate.

Following the announcement of the restructuring programme at Waterford Crystal in November 2007, FÁS engaged directly with the company and with staff representatives to discuss the range of services that could be made available to the workers. The agency agreed to establish a sustained service on-site at the company offering the agency's full range of supports.

FÁS also works in co-operation with other agencies to maximise the opportunities for affected staff, in particular with Waterford Institute of Technology and the VEC in the provision of appropriate Adult Education options, and to facilitate longer duration development for those who wish to avail of it.

Question No. 44 answered with Question No. 29.

County Enterprise Boards.

John Perry

Question:

45 Deputy John Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in view of the recent job loss trends in the small business sector, she will liaise with the county and city enterprise boards in order to initiate a direct marketing campaign with the aim of making small businesses more aware of the services available from CEBs that will help to alleviate business trading problems in time to ensure job levels are kept within small businesses; and if she will make a statement on the matter. [24072/08]

The role of the thirty-five County and City Enterprise Boards (CEBs) is to provide a source of support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The CEBs provide a single point of contact at local level for new and established small businesses. The CEBs can support individuals, firms and community groups provided that the proposed projects have the capacity to achieve commercial viability. The CEBs continue to actively develop indigenous micro-enterprises throughout the regions.

A particular advantage of the CEB structure is their local base which enables them to act as one-stop shops to assist entrepreneurs with business start ups. The local orientation of the CEBs has been extremely effective in harnessing an entrepreneurial culture at local level. The CEBs are very active within their own localities and liaise with a range of community and business interests and in so doing they are able to increase an awareness of their services within their geographical remit. In addition the CEBs have, in recent years, significantly increased their national profile through the development of a generic branding logo, the development of a CEB network website and events such as the National Enterprise Awards, the Student Enterprise Awards and the National Women's Enterprise Day.

The CEB Central Co-ordination Unit (CCU) was recently established within Enterprise Ireland (in the last quarter of 2007) to provide a level and range of strategic supports to the CEBs. These supports will ultimately enhance the effectiveness, efficiency and impact of the CEBs on the future development of micro-enterprise in Ireland. In fulfilling its role the CCU will identify and recommend to my Department procedures, programmes and interventions that will ensure a professional delivery of quality programmes across the CEB network. Potential new initiatives, such as the possibility of a direct marketing campaign, will be evaluated by the Unit in this context if such a need is identified. However all such initiatives will remain subject to the constraints of normal budgetary considerations.

Proposed Legislation.

Mary Upton

Question:

46 Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to the continued problems experienced by persons involved in the film industry, particularly actors and screenwriters, due to the interpretation of the Competition Act 2002 which precludes their union negotiating on their behalf; if she has plans to pursue reform of this legislation; and if she will make a statement on the matter. [17678/08]

Section 4 of the Competition Act 2002 prohibits anti-competitive practices, such as price fixing, by "undertakings". An "undertaking" is defined in the Act as "a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply, or distribution of goods or the provision of a service". This definition has been in use in Irish competition law for some time and is supported by EU case law. Section 4 mirrors Article 81 of the Treaty establishing the European Community.

The Competition Authority, the independent statutory body responsible for enforcing competition law, found in 2004 that self-employed persons are "undertakings" for the purposes of the 2002 Act, and as such collectively bargained agreements concluded by representative bodies on behalf of such persons are prohibited agreements under section 4.

The Competition Act does not prohibit negotiations between an employer and a representative organisation when such a body is representing employees.

As the Deputy is aware, a review of the operation and implementation of the Competition Act 2002 is currently underway and in the course of that review, the issues raised in the Deputy's question and legal advice obtained from the Office of the Attorney General are being examined.

County Enterprise Boards.

Michael Noonan

Question:

47 Deputy Michael Noonan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is satisfied that each county and city enterprise board, chief executive officer, assistant CEO, business adviser, and administrative and secretarial staff employed nationwide are receiving full and proper pension entitlements; and if she will make a statement on the matter. [24063/08]

I have, with the consent of the Minister for Finance, approved the introduction of Superannuation Schemes and associated Spouses' and Children's Superannuation Scheme by each County and City Enterprise Board (CEB) with a commencement date of 2 April 2008. The Schemes will, subject to the offer document, be based on the Public Service Model Employee Scheme and standard provisions for public service Spouses' and Children's schemes.

The arrangements are obligatory for all employees appointed to the County and City Enterprise Boards on or after 2 April 2008. Other employees serving on 2 April, 2008 have an option to join the Schemes on the terms outlined in the relevant offer document. These arrangements do not apply to staff on secondment to CEBs.

I am satisfied that the new arrangements offer all employees appropriate pension entitlements.

Question No. 48 answered with Question No. 29.

Price Inflation.

Joe Costello

Question:

49 Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on requesting the National Consumer Agency or the Competition Authority to conduct an investigation into the cost of diesel which is significantly more expensive than petrol; and if she will make a statement on the matter. [23927/08]

Bernard J. Durkan

Question:

55 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent to which she has examined the increasing disparity between petrol and diesel prices at filling stations; if she has inquired of the oil companies as to the reason the more eco-friendly diesel should be costing more in view of the fact that traditionally diesel has been the cheaper fuel; if she has been given any logical reason for the price change; if her attention has been drawn to the severe damage expected to be caused to the transport and haulage industries and the economy generally if the present trend continues; the precise cause or causes; her proposals to address the issue; and if she will make a statement on the matter. [23936/08]

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has either unilaterally or with her EU colleagues, to address the spiralling price of oil; her views on whether market manipulation or speculation has been a contributory factor in the increasing price; and if she will make a statement on the matter. [24221/08]

Bernard J. Durkan

Question:

126 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she proposes to take to address the issue of the increased cost of motor fuel and its expected consequences in respect of the price of consumer goods arising from the impact on the transport sector; and if she will make a statement on the matter. [24229/08]

I propose to take Questions Nos. 49, 55, 118 and 126 together.

The retail price of all carbon fuels, including diesel, has increased significantly in recent months. This essentially reflects the considerable increase in the global wholesale price of oil.

As the Deputies are aware the Irish oil industry is fully privatised, liberalised and deregulated. There is free entry into the market, and prices at the pump for both petrol and diesel reflect market factors notably global market price, transportation costs, Euro/Dollar fluctuations and other operating costs.

In so far as the relativity between the price of diesel and petrol is concerned, traditionally, diesel has been less expensive than petrol at the forecourts in Ireland. This was due to the fact that the international prices for both products were previously at a similar level, and excise duty was and is lower on diesel. European production was also closely matched to demand for both products. The international price of diesel has however increased relative to petrol for a number of reasons, including:

Demand for diesel is rising both within Europe and in China and other rapidly-developing economies world-wide. According to the March and April International Energy Agency (IEA) Oil Market Reports, Europe has been experiencing lower imports of distillates from the US and elsewhere as cargoes have been diverted to Latin America, South Africa and the Middle East.

The increased demand for aviation fuel (which comes from the same part of the barrel as diesel) is also a contributory factor.

European refineries are unable to keep pace with the demand for diesel. Each barrel of oil can only produce a certain percentage of diesel, and European diesel demand now exceeds production. This means that diesel has to be sourced from further afield, particularly from Russia, thus affecting price.

Government policy in relation to prices, including the price of commodities such as petrol and diesel, is concentrated on the promotion of competition, consumer choice and awareness. There is no price control on these products and in common with most other goods and services price differences are an ongoing feature of the market economy. It is a matter for retailers to explain price differences where they occur.

The Retail Price (Diesel and Petrol) Display Order, 1997 requires petrol stations to display their prices in a clear and prominent manner so that consumers can make an informed choice. The Order enables consumers to readily compare prices and purchase their fuel on the basis of an informed choice. The National Consumer Agency enforces this Order.

In so far as the Competition Authority is concerned, the Authority is the body with responsibility for ensuring that traders do not engage in anti-competitive practices.

I note that Deputies have suggested that investigations should be carried out in relation to the global increase in fuel prices, by bodies such as the Competition Authority and the National Consumer Agency. I am not clear as to the nature of any specific investigation that either the Agency or the Authority could usefully carry out in this area given that wholesale prices have risen mainly due to international factors caused by a combination of strong demand, tight capacities and some market speculation. Should the Deputies have any evidence of traders selling fuel products engaging in anti competitive practices, they should bring this evidence to the attention of the Authority who will take the necessary action as it has done in the past.

The upward global trend in oil prices reinforces the imperative for Ireland to reduce its oil dependency and to use energy wisely and efficiently. The Deputies will be aware of the actions being taken by Government to accelerate delivery of our targets for renewable energy and energy efficiency which are essential to ensure a sustainable energy future for the economy and consumers.

In so far as the transport and haulage industries are concerned, I understand that my colleague Minister Noel Dempsey, as Minister with primary responsibility in this area, will shortly meet with the Irish Road Haulage Association to discuss rising fuel prices, particularly diesel prices, and their effects on their members.

It is clear, therefore, that rising fuel prices present a significant challenge for consumers, businesses and indeed for the whole of our society. It is important that as a society we all face and play our part in meeting this challenge. I would wish to assure the House that the Government, through the pursuit of prudent policies and in conjunction with the work of dedicated agencies such as the National Consumer Agency and the Competition Authority, will play its part in seeking to ensure that the interests of all sectors of our society and of the economy as a whole will not be impacted unduly by the ongoing effects of rising fuel prices.

Industrial Development.

Jim O'Keeffe

Question:

50 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to support enterprise development in Cork South-West; and if she will make a statement on the matter. [23152/08]

The Enterprise Development agencies under the aegis of my Department are responsible for growing indigenous enterprises and attracting and growing foreign direct investment. Balanced regional development and a thriving culture of entrepreneurship in all parts of Ireland are key strategic objectives for my Department and the Development agencies under its remit.

Enterprise Ireland's current strategy, "Transforming Irish Industry 2008-2010", focuses on facilitating entrepreneurship and the enterprise environment in local and rural communities, driving the creation of innovation based start-ups, actively engaging in the Community Enterprise Scheme and proactively developing existing clients in all regions including Cork south west. Enterprise Ireland works with just over 700 client companies in County Cork, which employ a total of 18,065 people. In 2008, the agency will continue to deliver its wide range of programmes to address the demands of entrepreneurship and the diversity of business types.

West Cork County Enterprise Board (CEB) provides a source of support throughout south west Cork for small businesses with 10 employees or fewer. The Board's function is to develop indigenous enterprise potential and to stimulate economic activity. During 2007, West Cork CEB paid out €120,347 in grant assistance to 15 projects and over 700 people participated in management and capability development training courses organised by the Board. West Cork CEB's 2008 overall budget allocation is in excess of €900,000. This targeted exchequer funding will continue to enable the Board to maximise regional entrepreneurial development in the micro-enterprise sector throughout the region.

IDA Ireland is also supporting enterprise development in the region through its ongoing strategy of growing and embedding foreign direct investment activity. The agency is encouraging its client companies to add strategic functions to their Irish operations in areas such asR&D and marketing. There are opportunities here for indigenous companies in the areas of sub-supply and service provision.

I am satisfied that the efforts being made by Enterprise Ireland, IDA Ireland and the West Cork County Enterprise Board, together with local interests, will continue to bring investment and job opportunities to Cork south west.

EU Directives.

Jan O'Sullivan

Question:

51 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number, in respect of EU directives for which she has responsibility, remaining to be implemented; the directives that are overdue; the number of reasoned opinions received from the EU Commission since 2002 to date in 2008 regarding delays or non-implementation of such directives; and if she will make a statement on the matter. [23960/08]

There are currently a total of twelve Directives due to be transposed by my Department up to 2012. Two of these Directives are overdue. The first of these, Directive 2007/13EC on measuring instruments, is expected to be transposed by 30 June. It is intended to transpose the second overdue Directive, Directive 2006/121/EC on dangerous substances, by 31 July.

Full details of all current and recent EU Directives are maintained on the Departmental website, www.entemp.ie.

My Department has received 24 Reasoned Opinions from the European Commission relating to Directives since 2002. The outstanding issues concerning all but one of these Directives have been resolved satisfactorily.

On 23 October 2007, twelve Member States, including Ireland, received a Reasoned Opinion concerning the implementation of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances as amended by Directive 2003/105/EC (known as the Seveso Directive). Since then considerable progress has been achieved and reported to the EU Commission. Measures are being taken to ensure full compliance as soon as possible.

Job Losses.

Joan Burton

Question:

52 Deputy Joan Burton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of redundancies notified to her Department during 2007; the number notified to date in 2008; the way this compares with the same period in each year from 2002 to 2007; her views on the rapid increase in the number of redundancies; and if she will make a statement on the matter. [23923/08]

Actual Redundancies 2002-2008:

Year

2002

2003

2004

2005

2006

2007

2008

Actual

24,432

25,769

25,041

23,156

23,684

25,459

13,564

These figures show the number of employees on whose behalf claims were submitted for statutory redundancy lump sum payments. They do not reflect those who lost their jobs with less than two years service in an employment.

My Department carried out an analysis last year in which the average annual level of redundancies for the period 2002-2006 was compared with the level of redundancies in the period 1995-2001. It was found that the level of redundancy had almost doubled and the cause may be attributed to two factors:

Firstly, there were more people at work in the more recent period; this accounted for 20% of the increase in the level of redundancies.

Secondly, the risk of redundancy increased significantly in the second period and this accounted for 80% of the increase in the level of redundancy.

Question No. 53 answered with Question No. 28.

National Consumer Agency.

Sean Sherlock

Question:

54 Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of on-the-spot fines for breaches of consumer law imposed to date under the terms of the Consumer Protection (Fixed Payment Notice) Regulations 2007; the type of breaches in each case; and if she will make a statement on the matter. [23966/08]

The Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. No. 689 of 2007) came into effect on 13 October 2007. Responsibility for enforcement of these Regulations is a matter for the National Consumer Agency and I have no direct function in the matter.

I am informed that to date payments have been paid in fourteen cases in response to fixed payment notices served by Authorised Officers of the National Consumer Agency. In a further two cases in which individuals served with fixed payment notices have chosen not to make payments, the National Consumer Agency has initiated, or is initiating, court proceedings in respect of the alleged offences.

All of the fixed payment notices in respect of which payments have been made, or court proceedings are pending, involve alleged offences under the European Communities (Requirement to Indicate Product Prices) Regulations 2002 (S.I. No. 639 of 2002).

I wish to clarify for the record that, based on information supplied by the National Consumer Agency, a response to a previous Parliamentary Question of 30 April 2008 on this subject stated that one fixed payment notice was issued for an alleged breach of the Retail Prices (Beverages in Licensed Premises) Display Order 1999 (S.I. No. 263 of 1999). The position has now been clarified and is as outlined above.

Question No. 55 answered with Question No. 49.

Industrial Development.

Denis Naughten

Question:

56 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to support enterprise development in the midland and western regions; and if she will make a statement on the matter. [19799/08]

The Enterprise Development Agencies under the aegis of my Department, Enterprise Ireland, the County Enterprise Boards, IDA Ireland and Shannon Development are responsible for growing indigenous enterprises and attracting and growing foreign direct investment. Strong, balanced regional development and a thriving culture of entrepreneurship in all parts of Ireland are key strategic objectives for my Department and the development agencies under its remit.

Enterprise Ireland operates according to three-year strategies. They have either met or exceeded the targets set by the agency for the 2005-2007 period. Enterprise Ireland's new strategy, ‘Transforming Irish Industry 2008-2010', focuses on facilitating entrepreneurship and the enterprise environment in local and rural communities; driving the creation of innovation based start-ups, actively engaging in the Community Enterprise Scheme and proactively developing existing clients in all regions.

Enterprise Ireland works with almost 490 client companies in the West Region, which employ 11,693 people. In 2007, €14.8m was approved by EI for clients in the West Region.

In the Midlands, EI works with over 300 client companies which employ over 9,900 people. In 2007 approvals for Midlands clients was over €7.5m.

In 2008, Enterprise Ireland will continue to deliver its wide range of programmes to address the demands of entrepreneurship and the diversity of business types.

The role of the County and City Enterprise Boards (CEBs) in the Midland and Western Region is to provide a source of support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The specific types of formal CEB assistance available to micro-enterprise is broken down between financial assistance such as grants for feasibility studies, employment grants and capital grants and non-financial assistance ("soft supports") such as programmes covering Business Management, Mentoring, E-commerce, Enterprise Education and Women in Business networks.

During 2007, the Midland Region CEBs, composed of Longford, Westmeath, Laois and Offaly paid out over €1.48m in grant assistance to 109 clients. This intervention has assisted in the creation of 236 jobs in the region. The CEBs in the Western Region, comprising of Galway, Mayo and Roscommon have paid out over €1.11m in grant assistance to 104 clients, which in turn, has enabled the creation of 328 jobs in the area.

During 2008 the CEBs in the Midlands and Western Region will continue to support enterprise development through the provision of both direct financial assistance (in the form of capital, feasibility and employment grants) and through indirect or soft support assistance such as management development capability support and the development and delivery of activities to highlight and promote enterprise.

IDA Ireland is also supporting enterprise development in the region through its ongoing strategy of growing and embedding foreign direct investment activity. The agency is encouraging its client companies to add strategic functions to its Irish operations in areas such as R&R and marketing. There are opportunities here for indigenous companies in the areas of sub-supply and service provision.

Departmental Agencies.

Ruairí Quinn

Question:

57 Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of labour inspectors employed by the National Employment Rights Authority; the number of labour inspectors available for assignment on normal duties; the number of labour inspectors in training following recruitment; the status of the recruitment campaign to increase the Labour Inspectorate to 90 inspectors; and if she will make a statement on the matter. [23961/08]

In accordance with commitments given under Towards 2016, the Social Partnership Agreement, the number of Inspectors was scheduled to increase from 31 to 90 Inspectors by the end of 2007.

Competitions were held in 2007 for the recruitment of the additional fifty-nine Inspectors provided for under the Social Partnership Agreement Towards 2016. Fifty- six inspectors have been assigned to NERA from these competitions.

All fifty-six inspectors have completed NERA Inspection Services Introductory Training Programme and are currently undertaking further training, including on-the-job training with experienced inspectors. This involves working with experienced Inspectors in carrying out inspections and other associated enquiries at places of work with a view to determining compliance with certain employment rights legislation.

Assignment of the three remaining Inspectors selected in the competitions is ongoing and it is intended that these Inspectors will commence training immediately upon arrival.

Seven of the original 31 Inspectors have left NERA either on promotion or as a result of internal and external Departmental transfers. As a result, the total number of NERA Inspectors currently stands at eighty.

As the panels established in 2007 to recruit the additional Inspectors have now been exhausted a further recruitment process is being organised to fill the existing posts and other vacancies as they arise.

Question No. 58 answered with Question No. 28.
Question No. 59 answered with Question No. 16.

Job Losses.

Brian O'Shea

Question:

60 Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the announcement by a company (details supplied) that it is to close two breweries in Kilkenny and Dundalk and reduce numbers employed in Dublin and Waterford; if she has had discussions with the company with a view to ensuring the retention of the maximum possible number of jobs; and if she will make a statement on the matter. [23931/08]

I am very much aware of the announcement made by the company in question. Both myself and the Chief Executive of Enterprise Ireland met with the company prior to the announcement. Since the announcement, I have met with Union Representatives and I have been in correspondence with the company in Dublin.

In my press release of 9 May, 2008, I welcomed the company's major investment plans to secure the future of brewing in Ireland. I also said that it was very important that the impact on employment was minimised, and that my Department would work closely with the company to secure the best possible outcome. This is still the position.

Offshore Exploration.

Joe McHugh

Question:

61 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she plans to work with the Department of Communications, Energy and Natural Resources, in view of oil and gas explorations off the Irish coast; her views on setting up a training scheme to train workers to work in this industry; and if she will make a statement on the matter. [23008/08]

There are currently no plans or discussions between my Department and the Department of Communications, Energy and Natural Resources to establish a training scheme for people specifically in the oil and gas exploration industry.

Health and Safety Regulations.

Thomas P. Broughan

Question:

62 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the high worker fatality rates in the transport sector; the number of workers who have died in the transport sector in 2005, 2006, 2007 and 2008; if her Department will undertake an urgent review of the incidence of work fatalities in the transport sector; and if she will make a statement on the matter. [17344/08]

I am concerned at the level of fatalities in the transport and storage sector. The Health and Safety Authority, which shares my concerns, continues to work with this sector to reduce accident rates and improve the health and safety of all those involved.

The number of workers who have died in the transport and storage sector in accidents involving vehicles in and around workplaces was — 2005 — 5; 2006 — 4; 2007 — 8; 2008 to date — 3. In addition, approximately 1,000 work-related non-fatal injuries are reported to the Authority each year from the transport and storage sector.

The most common workplace transport accidents involve people being hit by vehicles, people falling from vehicles, objects falling from vehicles and vehicles toppling over.

The Health and Safety Authority works closely with other bodies which have responsibilities in relation to transport safety. These include the Road Safety Authority and An Garda Síochána.

As part of its high priority work programme activities for 2008, the Health and Safety Authority aims to influence a sustained reduction in fatal and major accidents related to workplace transport safety through a programme of information provision, awareness raising and targeted enforcement.

As part of the focus on workplace transport safety, the Health and Safety Authority has commissioned research to establish a baseline for compliance with safety provisions in Ireland and to examine the practices and attitudes of employers and employees relating to workplace transport safety. Results of the research will be used to shape the Authority's approach for the coming years.

This Autumn, the Health and Safety Authority will be launching a Workplace Transport Safety Campaign, to raise awareness of the importance of managing the risk in this high risk area. The high priority programme will see the Health and Safety Authority's inspectors carrying out 500 targeted inspections, which will focus on workplace transport safety management practices.

Job Creation.

Joe McHugh

Question:

63 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has put in place to attract investment to County Donegal; her views on providing extra incentives to people who are considering setting up their own business; and if she will make a statement on the matter. [23009/08]

Donegal is a target location for the IDA with the County now competing for a different type of business to labour intensive manufacturing, which IDA so successfully won over the past four decades. The overseas investor is now seeking locations for more advanced manufacturing or office based solutions, to a great extent depending on high skill and high value work. While this has required a significant change of strategy by the IDA, progress has been made in securing new high value investments from Pacificare, Pramerica, SITA and Abbott Diabetes, with some 1,200 new jobs being added in the County by overseas firms over the last five years. These companies continue to recruit and are actively seeking new staff.

As regards Enterprise Ireland, which serves the indigenous sector, it provides a wide range of supports for high potential start up companies including financial supports, business and marketing advice, mentoring, product development etc. As part of its infrastructural support for start-up companies, Enterprise Ireland has approved some €3.5 million in recent years for developments at Letterkenny Institute of Technology, which is an important aspect of supporting and attracting business to the region.

Enterprise Ireland's results for jobs created in client companies in County Donegal for 2007 show a net gain for the third year in a row with a net increase of over 440 jobs. A growth of 15% over the last three years reflects the investment Donegal companies are making in competing successfully both at home and abroad. During the 3 year period to December 2007, Enterprise Ireland approved over €14m to companies in County Donegal to support the development of new sales, exports and jobs.

Enterprise Ireland has also been very active in supporting the development of community enterprise centres in the North West Region, which are critical to continued enterprise development in rural areas and to the development of an entrepreneurial culture. Nine Community Enterprise Centres in County Donegal have received funding of approximately €2 million under the Community Enterprise Centre Scheme to date.

The role of the Donegal County Enterprise Board, is to provide support to micro-enterprises in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. Through the provision of both financial and non-financial support, the Board supports individuals, firms and community groups, provided that the proposed projects have the capacity to achieve commercial viability. Financial support is available in the form of Capital Grants, Employment Grants and Feasibility Study grants. In relation to non-financial support, Donegal CEB engages in a range of activities to stimulate enterprise and to support small businesses.

Despite past difficulties in County Donegal, due to the challenges faced by traditional industries such as agriculture, fishing and textiles, there is clear evidence that the county is successfully engaged in a transition to the new economy. Most recently, with the support of Údarás na Gaeltachta, Forward Emphasis International is set to expand its workforce by 100 at a new facility in the Gaoth Dobhair Business Park with Euro Iompú Teo also set to expand its workforce by 100 in Gaoth Dobhair. A major investment by Randox Laboratories, in Dungloe, will lead to the creation of a further 135 jobs.

I can assure the Deputy that funding support and initiatives for enterprises in County Donegal is, and will remain, a priority for the State development agencies under the auspices of my Department.

Price Display.

Sean Sherlock

Question:

64 Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment the action being taken to implement the commitment in the Programme for Government that steps would be taken to ensure that prices of goods are labelled and transparent in order that the consumer is well informed; and if she will make a statement on the matter. [23965/08]

Price display law is covered by Orders made under Section 19 of the Prices Acts 1958 to 1972 and under the European Communities (Requirements to Indicate Product Prices) Regulations 2002, Statutory Instrument No. 639 of 2002. The various Price Display Orders made under the Prices Acts 1958 to 1972 cover Drinks Display in Licensed Premises, Hairdressing Services, Petrol and Diesel and Restaurants. The European Communities (Requirements to Indicate Product Prices) Regulations 2002 require retailers to display the selling and, where appropriate, the unit price (the price per litre or kilo) for all products covered by the scope of the Regulations. The Commission will be reviewing the Directive upon which these Regulations are based and I will support measures to enhance the information to be made available to consumers. This review is part of the general review of the Consumer Acquis.

The National Consumer Agency whose function it is to enforce consumer laws, regularly undertakes surveillance with a view to securing voluntary compliance on the part of traders.

Decentralisation Programme.

Róisín Shortall

Question:

65 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the concerns expressed by the National Consumer Agency that it could lose up to 90% of its staff as a result of its proposed decentralisation to Cork; the steps being taken to ensure that decentralisation will not interfere with the effectiveness of the agency; and if she will make a statement on the matter. [23969/08]

I am fully aware of the concerns expressed by the Chief Executive of the National Consumer Agency in relation to the logistical challenges arising from the Agency's relocation to Cork. The proposed location of the Agency in Cork is as part of the overall decentralisation programme, which provides that staff of public bodies, such as the National Consumer Agency, transfer to decentralised locations on a voluntary basis.

My Department is working very closely with the Agency to devise a staff transition plan with a view to a phased and managed transition of the Agency's staff between now and the relocation of the Agency to Cork in 2009. The plan is intended to ensure that the location of the Agency to Cork will be successfully achieved without any undue interference with the effectiveness or the ongoing work of the Agency. I am confident that the close co-operation between my Department and the Agency will help to ensure that the relocation process will be successful.

Job Losses.

Michael Creed

Question:

66 Deputy Michael Creed asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in view of the high quality research and development jobs involved in the closure of an industry (details supplied) in County Cork and the fact that the jobs are relocating to the US rather than to low wage economies, she will engage directly with the company in an attempt to secure the employment of those involved in Cork and prevent the proposed closure and loss of expertise involved; and if she will make a statement on the matter. [22567/08]

I would like to express my disappointment at the decision of the company to close its Cork operations and I have asked the State development agencies under the aegis of my Department to make every effort to assist the workers being made redundant in securing alternative employment.

Freescale is a large global company that regularly makes adjustments to resources as a normal course of operations to meet changing business requirements in a very dynamic industry. The company has decided to streamline its cellular design centres and as part of this decision, is proposing that all programmes in its Cork design facility be transferred to other locations and the facility be closed. The closure of the facility expected in September 2008, will result in 47 employees losing their jobs.

IDA Ireland is providing ongoing assistance to local management in Freescale Cork and is using its network of overseas offices to find alternative employment in the Radio Frequency and Wireless technology area, for impacted employees in the company. FÁS has been in contact with the management of Freescale and will make arrangements to register the employees. The full range of FÁS services will be made available to the employees as will the services and supports of Enterprise Ireland and the County Enterprise Board for any worker considering establishing her or his own business.

There are a variety of differing and complex factors and not just cost related, which might influence a decision to relocate all or part of a firm's functions. In addition to cost factors, these may include business takeovers, consolidations and changes in product or market focus. The result is flows of investment and employment across borders.

Ireland successfully manages this process, through our policies on growing indigenous enterprise and attracting and embedding foreign direct investment. These policies have enabled us to win many prestigious and value added investments, and have enabled us to replace lost jobs with others of equal or higher value in the economy.

The pipeline of new business for which the IDA is competing is as strong as at any time in recent years. We measure success now in terms of the number, quality and spread of investments, not just in job numbers alone. I am please to say that Ireland is now a global competitor for Research and Innovation investment from multinational companies and leading research institutions.

We are moving ahead on a number of fronts to meet the targets of the Strategy for Science, Technology and Innovation and the development of a knowledge economy. I believe we will continue to achieve and sustain our excellence in research from which our economy will reap rewards. The key to our success will be seeing the outputs of current research in terms of new innovations and discoveries that will directly impact on peoples lives, that is, that they will lead to jobs, improvements in health care, new products and services.

We will continue to have an educated and skilled work force which will be the cornerstone of the next phase of our economic development. We are investing in infrastructure. We are investing in people. And we are investing in innovation and enterprise. We are confidently investing for our future.

I am confident that the strategies and policies being pursued by the State development agencies will continue to support enterprise development and job creation. I want to reaffirm that the State agencies will continue to work closely with each other and with local interests, to assist an integrated approach to investment and enterprise development, not just in County Cork, but throughout the State.

Question No. 67 answered with Question No. 19.
Question No. 68 answered with Question No. 18.

Community Employment Schemes.

Catherine Byrne

Question:

69 Deputy Catherine Byrne asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of rehabilitative community employment schemes currently up and running here; if she will increase supports for these schemes in view of the fact that the Report of the Working Group on Drugs Rehabilitation recommends that the number of drug specific CE places should be increased and the success of these CE schemes be built upon; and if she will make a statement on the matter. [18866/08]

The role of FÁS in relation to the National Drugs Strategy is to facilitate the rehabilitation of stabilised drug users and to prepare them to re-enter the active labour market through focused training which will enable them to re-integrate into working life. This is being achieved through participation in a range of FÁS programmes, including Community Employment (CE), and also integration into mainline training aimed at progression into the active labour market.

FÁS aims to promote labour market re-integration through targeted and mainstream initiatives including guidance & support from the referral point which is the FÁS Employment Services/Local Employment Services and pre-CE initiatives to support stabilisation.

Currently, there are 1,000 ring fenced places on Community Employment based in approximately 100 rehabilitative schemes.

The Programme for Government commitment to implement the recommendations of the Report of the Working Group on Drugs Rehabilitation will result in an increase of 300 places Community Employment during the lifetime of the Government. FÁS Community Employment Places are seen as central to the rehabilitation process.

In addition, there are opportunities to access and participate on mainline training programmes in FÁS Training Centres and other FÁS programmes including Local Training Initiative and Community Training Centres. These opportunities promote progression, where possible, back into the labour market.

Wage Differentials.

Pat Rabbitte

Question:

70 Deputy Pat Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the average industrial wage earned by a male worker and female worker respectively and the average male earnings and average female earnings generally; if she plans additional measures to help bridge the male/female earnings gap; and if she will make a statement on the matter. [23964/08]

Data from the CSO quarterly industrial survey shows that average industrial earnings per hour for male industrial workers on adult rates in June 2007 was €16.62. For female industrial workers the average rate was €12.73.

From the CSO National Employment Survey for March 2006, average hourly earnings were €20.59 for males and €18.22 for females. These latter figures cover the entire economy in March 2006 (excluding employees in agriculture, forestry and fishing).

The gender pay gap has fallen consistently and is now below the EU average of 15%. The most recent official figures from Eurostat (2006) put the gender pay gap at 9%, placing Ireland fourth lowest among the EU27. This compares with a rate of 11% in 2004, showing an improvement of 2% in two years.

Primary responsibility for policy in relation to the gender pay gap is a matter for my colleague the Minister for Justice, Equality and Law Reform. Addressing the factors behind the gender pay gap is, however, a multi-faceted task involving a number of Government Departments and agencies as outlined in the National Women's Strategy, 2007-2016. The Department of Enterprise, Trade and Employment undertakes the following actions.

I am responsible for the National Minimum Wage legislation. The national minimum wage was introduced in Ireland in April 2000. Since its introduction there have been six increases to the minimum rate. The most recent increase saw the minimum wage increase to €8.65 per hour, which is the second highest in the EU. The introduction of the national minimum wage in 2000 has had a positive impact on women who previously were more likely to have received very low wages in sectors which were predominantly female. Prior to the introduction of the minimum wage, the gender pay gap was at 22%.

My Department is responsible for chairing and providing the secretariat for the National Framework Committee on Work/life Balance Policies. This Committee, which was established under the social partnership process, comprises representatives from IBEC, ICTU, the Equality Authority and a number of Government Departments. The Committee has undertaken and continues to undertake a range of activities to raise awareness and encourage the provision of work/life balance at the level of the enterprise, including the provision of financial assistance to organisations, information dissemination activities, seminars, research etc.

"Expanding the Workforce", which is run by FÁS, is aimed at proactively encouraging women to return to work. The initiative facilitates women returnees by ensuring that training is provided in a flexible manner and is tailored to meet business requirements and skills needs of employers.

Question No. 71 answered with Question No. 43.
Question No. 72 answered with Question No. 37.

Proposed Legislation.

Lucinda Creighton

Question:

73 Deputy Lucinda Creighton asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the proposed EU Small Business Act for Europe; his view on this EU policy; and if she will make a statement on the matter. [23759/08]

The "Small Business Act for Europe" (SBA) was announced in the European Commission Discussion Paper for EU Heads of State and Government at the Lisbon informal summit on 18-19 October 2007 and in the Commission's Mid-term Review on Modern SME Policy adopted on 4 October 2007. It is one of the priorities in the Commission's Legislative Work Programme 2008.

Following a public consultation process, the Commission has yet to determine the scope and content of any SBA. It is expected that the Commission will publish proposals under the SBA in early July, probably on 2 July. Despite the SBA being styled as an Act, it will follow the traditional structure of EU legislation and actions, consisting of general principles to support the development and growth of SMEs and specific legislative proposals such as directives or regulations addressing issues of relevance to SMEs.

Ireland's position is that we would be generally supportive of efforts assisting the growth and development of SMEs as intended under the SBA, subject to seeing the detailed proposal from the Commission. We would wish to see Member States retaining flexibility in dealing with SMEs in the context of their own economic conditions and specific needs with full regard to national sovereignty, the relevant Treaty provisions and principles of subsidiarity and proportionality. Following publication, the SBA will be negotiated in the relevant EU groups through the normal mechanisms.

The SBA will be a priority for the incoming French Presidency. France intends to hold a first general discussion on the specific proposal by Ministers at the Informal Competitiveness Council in Versailles on 17/18 July 2008. The French Presidency aims to have Council Conclusions on the SBA adopted at the Competitiveness Council on 1/2 December 2008.

International Agreements.

Michael D. Higgins

Question:

74 Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has to actively work towards building a social floor on a global level in view of the Government’s campaign in favour of the Lisbon Reform Treaty including the Charter of Fundamental Rights and the keynote address of Juan Somavia, Director General of the International Labour Organisation on 9 June 2008 to the 97th International Labour Conference calling on Governments to come together to develop a comprehensive social floor globally. [23510/08]

Mr. Juan Somavia, Director General of the International Labour Organisation (ILO), in his keynote address on 9 June 2008, referred to the building of a global social floor as one of the four strategic objectives of the ILO through which the Decent Work Agenda is expressed. As the ILO Director General acknowledged, building a global social floor could be done in a step-by-step way according to each country's needs and priorities.

The essence of the message in his address reflects the four strategic objectives set in the ILO Declaration on Social Justice for a Fair Globalisation which was adopted at the International Labour Conference earlier this month. Ireland, along with all other EU Member States fully supported the core objectives enshrined in the recently adopted Declaration which also acknowledges that the mandate of the ILO needs to be strengthened to enable it to better respond to its members needs to tackle changes arising from the globalisation process. Ireland, alongside its EU counterparts, also fully supported the accompanying Resolution that includes concrete modalities in support of implementation of the Declaration. The new Declaration is an important tool and promotional framework for the achievement of the ILO's four strategic objectives that comprise the Decent Work Agenda.

Ireland's focus in this regard, has been on creating an environment in which employment and decent work is fostered and grows while achieving outcomes that are fair to the wider society at large who are seeking decent standards and fairness. From a domestic perspective, a key element of our approach has been to ground these developments within social dialogue, which provides the mechanism to achieve the correct balance between labour market flexibility and job and income security. Additionally, as evidenced by our participation in, and contribution to, internal and external policies pursued by the European Union, including in the context of the Lisbon Agenda on Growth and Employment and the EU international trade negotiations, Ireland is currently part of a global alliance, which actively works towards building a social floor at the global level.

Michael D. Higgins

Question:

75 Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the position in relation to the status of the Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87), ratified by the Government on 4 June 1955; and if the act of ratification included binding obligations which were assumed by the Government. [23515/08]

Michael D. Higgins

Question:

115 Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the status of the Right to Organise and Collective Bargaining Convention 1949 (No. 98), ratified by the Government on 4 June 1955; and if the act of ratification included binding obligations which were assumed by the Government. [23516/08]

I propose to take Questions Nos. 75 and 115 together.

Ireland ratified the Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention 1949 (No. 98) on 4 June 1955. Ireland only ratifies those ILO Conventions which are in conformity with our existing national law and practice. To that extent, in ratification, the Conventions have the status of international treaties and Ireland is obliged to adhere to the core objectives established in each of the ILO Conventions, which must be reflected in national practice. Specifically, the enactment of legislation by the Oireachtas across the full range of fundamental labour and social rights comprehends and underpins the realisation of the standards set in these ILO Conventions. These core objectives are also being realised through the delivery of commitments entered into, for example, in National Partnership Agreements.

Ireland has consistently supported the International Labour Organisation in its efforts to realise and implement labour standards and will continue to do so. Ireland's continuing progress in the achievement of these goals is subject to ongoing review and evaluation by the ILO itself, in consultation with the Social Partners.

Garda Stations.

P. J. Sheehan

Question:

76 Deputy P. J. Sheehan asked the Minister for Finance when an application for Rosscarbery Garda Station, County Cork, under the universal accessibility grant scheme will be processed; when work is due to commence; and if he will make a statement on the matter. [24123/08]

The Office of Public Works has received a great many requests for universal access work in recent times. This workload is currently being assessed and prioritised. At present, it is not possible to say when work at Rosscarbery Garda Station would be carried out.

Tax Yield.

John Deasy

Question:

77 Deputy John Deasy asked the Minister for Finance the Excise Duty and VAT collected by the Government from the sale of heating oil, diesel, petrol and gas to the Government in 2006, 2007 and to date in 2008; his views on the proposal due to be discussed by the EU Commission to introduce tax cuts in this area to alleviate the financial hardship; and if he will make a statement on the matter. [24155/08]

I am informed by the Revenue Commissioners that the amounts of Mineral Oil Tax and VAT on these products for 2006, 2007 and the first five months of 2008 are as set out in the following tables.

I am also advised that the VAT yield from oil products and gas is estimated, as the information to be furnished on VAT returns does not require the yield from a particular sector or sub-sector of trade to be identified. The figures provided in this reply for the VAT yield in 2008 are estimates of the amount of VAT yield that would be generated by the volume of clearances of oil products and gas up to the end of the period in question. Mineral Oil Tax is paid in the month of clearance of the product but, depending on the nature of the registration status of a trader, VAT returns can be made monthly, bi-monthly, quarterly, half yearly or annually and this will dictate the point in time when VAT on sales will actually be paid.

Mineral Oil Tax

2006

2007

2008 (Jan to May) Prov

€m

€m

€m

Petrol

1,026.3

1,051.3

471.5

Auto Diesel

1,016.7

1,075.8

483.7

Marked Gas Oil

68.8

68.4

31.6

Kerosene

18.0

N/a

N/a

Total

2,129.8

2,195.5

986.8

Estimated VAT Yield

2006

2007

2008 (Jan to May) Prov

€m

€m

€m

Petrol

440.0

465.0

222.3

Auto Diesel

53.0

57.0

28.8

Marked Gas Oil

73.0

70.0

38.5

Kerosene

79.0

77.0

50.4

Gas

52.7

59.8

26.4

Total

697.7

728.8

366.4

The Government recognises the concerns arising as a result of the increase in fuel prices. However, the increase in the price of fuels is not tax driven, but is an international phenomenon affecting all countries, and all sectors of the economy and society. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflects additional factors such as geopolitical uncertainty, supply disruptions and strong economic growth in countries such as China.

I would point out that excise duty rates on fuels in Ireland are relatively low by EU standards. Excise rates for diesel, petrol and other fuel oils have not been increased in the last four Budgets. In addition, over recent years the excise duty rates applicable to both kerosene and LPG used for home heating purposes have been reduced to zero.

The Exchequer yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase. On the other hand, the yield from VAT, as VAT is set as a percentage of the price, increases as the price of fuels increase. However, in this regard it should be borne in mind that to the extent that spending in the economy is re-allocated to petrol, diesel and other oil products, and away from other VAT liable spending, and to the extent that the overall level of economic activity is reduced by higher oil prices, there may be little or no net gain to the Exchequer.

In relation to VAT, I should point out that businesses are of course entitled to reclaim VAT incurred on their business inputs, including VAT incurred on fuel. For example, VAT incurred on auto-diesel, marked gas oil (MGO or green diesel) kerosene and natural gas used in the course of business is a deductible credit for business in the Irish VAT system.

Insofar as calls for reduced taxes at an EU level are concerned, given the impact high oil prices can have on growth rates, Ecofin considered the issue of an appropriate policy response to the price increases at its meeting on 3 June 2008. Ecofin confirmed the agreement reached in Manchester in 2005 that distortionary fiscal and other policy interventions should be avoided that prevent the necessary adjustments by economic agents. Reducing taxes on fuels would send the wrong signal both to consumers and to oil producers. We must therefore be careful not to exacerbate an already difficult situation. The high price of fuel illustrates the need for energy efficiency and alternative fuel sources.

The Government has taken successive opportunities to make real and significant increases to the payments to pensioners and the socially excluded, and also to reduce the levels of tax paid by lower income earners. The Deputy will also be aware that the National Fuel Allowance Scheme and the Households Benefits Package provide specific assistance to the less well off in respect of fuel costs.

Tax Code.

Bernard J. Durkan

Question:

78 Deputy Bernard J. Durkan asked the Minister for Finance the reason a person (details supplied) in County Kildare continues to be categorised as self employed, despite being a PAYE employee for almost two years and was previously unemployed for a two year period; if arrangements will be made to have their file updated; and if he will make a statement on the matter. [24231/08]

I have been advised by the Revenue Commissioners that, according to their records, the taxpayer commenced self-employment in 1996, ceased in August 2004 and is currently in PAYE employment. Returns for the years 2000 and 2001, to the date of cessation of self-employment, are outstanding. Revenue will be in contact shortly with the taxpayer in an effort to bring his tax affairs up to date.

Driving Tests.

Denis Naughten

Question:

79 Deputy Denis Naughten asked the Minister for Finance his plans to facilitate the relocation of the driving test centre in Roscommon Town in view of the fact that its location is a traffic hazard; if his attention has been drawn to the poor conditions and lack of public amenities in the facility; and if he will make a statement on the matter. [24235/08]

Such operational matters as accommodation and facilities management are, in the first instance, the responsibility of the Road Safety Authority, as assigned under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006). The expectation is that any such difficulties that may arise from time to time are addressed, as appropriate, by the empowered agency. Matters of road safety policy are, in the first instance, for my colleague the Minister for Transport.

Pharmacy Training.

Tom Hayes

Question:

80 Deputy Tom Hayes asked the Minister for Health and Children the provision of suitable training placements for students of pharmacy at third level which is necessary to complete the professional training pre-registration year; the reason this year is key for the course; the further reason there is a shortfall in the number of these placements available; her plans to liaise with all the universities concerned to solve this problem; and if she will make a statement on the measures that will be taken to increase the number of placements available. [24084/08]

Article 44 of Directive 2005/36/EC on the recognition of professional qualifications provides that a five year programme of education and training must be completed in order to qualify and practice as a pharmacist. The current situation in Ireland is that graduates of the four year pharmacy degree programmes are obliged under national and EU law to undertake and complete one year of practical training, of which a minimum of 6 months must be in the community or hospital sectors in order to comply with Ireland's obligations under the aforementioned Directive. This period of practical pre-registration training must be supervised by a practising tutor pharmacist. The one year's pre-registration training must be completed prior to being eligible to apply to sit the Pharmaceutical Society of Ireland (PSI's) Licence examination held twice annually, in May and in November (i.e. the earliest that this year's pharmacy graduates may be eligible to sit the Examination will be November 2009).

Statutory responsibility for overseeing pharmacy education and training rests with the Pharmaceutical Society of Ireland (PSI). In late Autumn every year, the PSI writes to the total number of qualified tutor pharmacists held on its database (currently in excess of 1,000) to identify those who are in a position to provide a training placement for pharmacy graduates within their pharmacy for the following training year (i.e. the training year due to commence the following Autumn). In recent years there have been around 200 placements available annually, mostly in the community sector, but with upward of 30 in the hospital sector. The allocation of posts, and their funding, in the public hospital sector is a function of the Health Service Executive (HSE). The details of the these placements are circulated to the fourth year pharmacy students by the PSI at the end of November via the schools of pharmacy.

The number of available training placements notified to the PSI in Autumn 2006 for the 2007-08 training year was 202. All 144 pharmacy graduates qualified to take up placements, found training places in 2007-08.

In response to the PSI's call for tutors for 2008/09, a total of 209 positive replies were notified to the PSI and circulated to the fourth year pharmacy students in late November 2007. Notwithstanding the above, certain difficulties were being experienced by pharmacy graduates this year in securing pre-registration training placements in the community pharmacy sector, primarily due to the withdrawal of such places by a number of tutors/pharmacies. However, I understand that the position has improved and the PSI continues to monitor the situation in consultation with the third level schools of pharmacy. A very small number of the placements in the hospital sector are also at issue, which my Department has raised with the HSE.

Food Supplements.

Finian McGrath

Question:

81 Deputy Finian McGrath asked the Minister for Health and Children if she will support an issue (details supplied). [24150/08]

The Food Supplements Directive, 2002/46/EC, has been transposed into Irish law by Statutory Instrument No. 506 of 2007. That legislation is implemented by the Health Service Executive, under a Service Contract Agreement with the Food Safety Authority of Ireland (FSAI). This ensures that consumers in Ireland are protected by the harmonised EU rules on the sale of food supplements, in particular the labelling of food supplements and chemical form of vitamins and minerals they contain.

One of the objectives of the Food Supplements Directive (2002/46/EC) was to make provision for the European Commission to determine maximum and minimum levels of vitamins and minerals in food supplements. The European Commission published a Discussion Paper on determining maximum and minimum levels of vitamins and minerals in June 2006.

The Irish response to this paper, issued in November 2006, gave Ireland's view that the Commission should proceed on a cautious basis, setting maximum limits for as many vitamins and minerals as possible. It was considered vital that the safety of the general population and the needs of particular subgroups such as pregnant women, children, older people and those on various specialist diets be taken into account in formulating the position on this issue.

Discussions are ongoing at European level on the development of a methodology under which maximum safe levels for vitamins and minerals in food supplements will be set. Those discussions will permit the European Commission and Member States to further develop future direction on this issue. It is this Department's view that the setting of maximum levels for vitamins and minerals should not, in itself, cause major cost or hardship for consumers.

Protection of Children.

Caoimhghín Ó Caoláin

Question:

82 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when she will publish the review of Children First National Guidelines for the Protection and Welfare of Children; the amendments that will be made to the guidelines; and if she will make a statement on the matter. [24236/08]

Caoimhghín Ó Caoláin

Question:

83 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views on the extent with which Government agencies and others comply with the Children First guidelines; and if she will make a statement on the matter. [24237/08]

I propose to take Questions Nos. 82 and 83 together.

As part of the Government response to the publication of the Ferns report in October 2005 the Office of the Minister for Children was given the task of carrying out a national review of compliance with Children First — National Guidelines for the Protection and Welfare of Children, in partnership with Government departments. A comprehensive public consultation process has been completed, together with meetings with key stakeholders, including in particular the Health Service Executive and An Garda Síochána, and it is expected that the outcome of the review will be published this summer. The review addresses the issue of compliance by Government agencies and others with the Children First guidelines.

As part of the review, the Children First guidelines will be reprinted. The substance and principles of the guidelines will remain unchanged and will facilitate the continuation of a seamless child protection service. However, minor amendments will be made to reflect the following:

Changes in structures and legislation since the guidelines were first printed in 1999;

Issues arising from the publication of the ‘Review Inquiry on any Matter pertaining to Child Protection Issues touching on or concerning Dr. A' report in April 2008;

Minor changes in relation to internal HSE procedures and terminology.

In relation to this area a Senior Officials group, comprising staff of the Office of the Minister for Children and Youth Affairs, the Health Service Executive, An Garda Síochána, the Department of Justice, Equality and Law Reform, and the Department of Education and Science was recently established and is conducting regular meetings. The key role of this group is to see that all the appropriate measures are in place to ensure there is full awareness of child protection policies, guidelines and procedures as required under the Children First guidelines, and to advise me accordingly.

Vaccination Programme.

Denis Naughten

Question:

84 Deputy Denis Naughten asked the Minister for Health and Children when she expects to receive the final report of the vaccine damage compensation group; the funding provided in the budget of 2008 to implement the recommendations of the group; the steps she is taking to expedite the issue; and if she will make a statement on the matter. [24102/08]

I understand that the Vaccine Damage Steering Group is finalising its consideration of this matter and I expect to receive its report and recommendations shortly.

Hospital Services.

Michael Ring

Question:

85 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for an angiogram. [24103/08]

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 Services.

Finian McGrath

Question:

86 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Kildare. [24106/08]

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

Medical Cards.

Joanna Tuffy

Question:

87 Deputy Joanna Tuffy asked the Minister for Health and Children when a decision will be reached in respect of medical card applications for persons (details supplied) in County Dublin; and if she will make a statement on the matter. [24110/08]

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

Health Services.

Olwyn Enright

Question:

88 Deputy Olwyn Enright asked the Minister for Health and Children if a social worker has been assigned to a person (details supplied) in County Laois; the reason for the delay in assigning same; and if she will make a statement on the matter. [24113/08]

Olwyn Enright

Question:

89 Deputy Olwyn Enright asked the Minister for Health and Children if an appointment for a person (details supplied) in County Laois to attend a psychologist has been made; when the appointment will take place; and if she will make a statement on the matter. [24114/08]

I propose to take Questions Nos. 88 and 89 together.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 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.

Community Care.

Seán Barrett

Question:

90 Deputy Seán Barrett asked the Minister for Health and Children the reason the home care grant must be spent in employing a qualified home carer through an agency at greater cost to taxpayers when qualified persons can be directly employed costing considerably less; and if she will make a statement on the matter. [24121/08]

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

Health Service Allowances.

James Bannon

Question:

91 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford is not eligible on medical grounds for a mobility allowance; and if she will make a statement on the matter. [24125/08]

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

Hospital Services.

John Cregan

Question:

92 Deputy John Cregan asked the Minister for Health and Children when a person (details supplied) in County Limerick will be admitted to either Croom Orthopaedic Hospital or Tralee General Hospital for treatment; and if she will make a statement on the matter. [24126/08]

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.

Community Care.

John Cregan

Question:

93 Deputy John Cregan asked the Minister for Health and Children if payment of the domiciliary care allowance will be made to a person (details supplied) in County Limerick; and if she will make a statement on the matter. [24130/08]

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

Nursing Home Subventions.

Bernard J. Durkan

Question:

94 Deputy Bernard J. Durkan asked the Minister for Health and Children if further assistance will be offered to a person (details supplied) in County Kildare in relation to nursing home fees; if a transfer to a contract bed will be arranged; and if she will make a statement on the matter. [24132/08]

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

Hospital Services.

Denis Naughten

Question:

95 Deputy Denis Naughten asked the Minister for Health and Children if she has received correspondence from a person (details supplied) regarding cancer services at Sligo General Hospital; her views on the issues raised; the steps she will take to address these issues; and if she will make a statement on the matter. [24146/08]

A letter has been received in my Department from the individual referred to by the Deputy. My officials are in discussion with relevant parties regarding the specific points made on survival rates and I will respond in detail to these shortly, when I have the necessary information.

There has been very strong support for the concept of a specialist centre where a woman can be guaranteed that her initial diagnosis and treatment will be managed by a multidisciplinary team, which should predict complications and be familiar with all relevant investigations and treatment for the disease. Women attending the centres will know that they are in the hands of highly-skilled consultants and nurses who have access to all the resources necessary to achieve the best results possible in terms of survival rates.

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) has designated eight specialist breast cancer centres nationally. The National Cancer Control Programme has identified University College Hospital Galway (UCHG) as one of the designated specialist cancer centres for the Western region. The Programme therefore will consolidate symptomatic breast cancer services in UCHG. This involves a transfer of the Sligo symptomatic breast service to UCHG.

In order to comply with the Standards, the HSE has directed seventeen hospitals to cease breast cancer services. Further staged reductions in the number of hospitals providing breast cancer services, including Sligo General Hospital, will occur over the next eighteen months in line with the development of quality assured capacity in the eight designated centres.

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 Sligo General Hospital. In this context, chemotherapy and support services will continue to be delivered locally.

I have full confidence in the service that BreastCheck provides. The National Breast Screening Programme provides a high quality screening service and the aim of the Programme is to reduce mortality in women between 50 — 64 years by at least 20 per cent over a decade.

The BreastCheck Programme is subject to ongoing audit and review on an annual basis and performance is evaluated against internationally accepted parameters. This information is published in a transparent manner and is available in the BreastCheck Annual reports. BreastCheck has consistently reached and indeed surpassed these international standards which are interim measures of how successful the programme is likely to be at reducing mortality due to breast cancer. Contrary to the statement in the letter that the roll-out of BreastCheck will have no impact on survival, the National Cancer Screening Service BreastCheck is confident that BreastCheck is on track to make a significant impact on national breast cancer survival figures.

BreastCheck commissioned the NHS Quality Improvement Scotland (QIS) to conduct an independent external audit of the BreastCheck service. This audit was carried out in early 2005 and found that BreastCheck was reaching all critical standards.

Hospital Staff.

Denis Naughten

Question:

96 Deputy Denis Naughten asked the Minister for Health and Children the number of approved whole-time equivalent nursing posts in each acute hospital; the number of such posts that are filled on a permanent, temporary and agency basis; the number which are vacant; the cost to date in 2008 for agency nursing in each hospital; the steps which are being taken in each hospital to fill such posts on a permanent basis; and if she will make a statement on the matter. [24147/08]

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. 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.

Denis Naughten

Question:

97 Deputy Denis Naughten asked the Minister for Health and Children the number of approved whole-time equivalent midwife posts in each acute maternity unit; the number of such posts that are filled on a permanent, temporary and agency basis; the number which are vacant; the cost to date in 2008 for agency nursing in each unit; the steps which are being taken in each unit to fill such posts on a permanent basis; the number of births in 2007 in each unit; the corresponding figure to date in 2008; and if she will make a statement on the matter. [24148/08]

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. It is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Finian McGrath

Question:

98 Deputy Finian McGrath asked the Minister for Health and Children the position in the case of a person (details supplied) in Dublin 5. [24149/08]

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

Departmental Investigations.

Finian McGrath

Question:

99 Deputy Finian McGrath asked the Minister for Health and Children if she will respond to queries in the case of a person (details supplied). [24151/08]

I understand that the Deputy's question refers to a legal case concerning a person in a private long stay in-patient facility. The Department and the Health Service Executive are involved in a number of cases relating to this area. These are being dealt with in accordance with legal advice that the Department is receiving and the Department does not propose to comment on individual cases.

Hospital Services.

Michael Ring

Question:

100 Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo will be urgently admitted to Galway Regional Hospital in view of her rapidly deteriorating medical condition. [24152/08]

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.

Community Care.

Olwyn Enright

Question:

101 Deputy Olwyn Enright asked the Minister for Health and Children the further assistance available to a person (details supplied) in County Offaly from the Health Service Executive and her Department; and if she will make a statement on the matter. [24163/08]

Olwyn Enright

Question:

102 Deputy Olwyn Enright asked the Minister for Health and Children the reason increasing the hours of assistance given by visiting help to a person (details supplied) in County Offaly was not sanctioned; if she will give further consideration to increasing these hours; and if she will make a statement on the matter. [24164/08]

I propose to take Questions Nos. 101 and 102 together.

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

Hospital Services.

Denis Naughten

Question:

103 Deputy Denis Naughten asked the Minister for Health and Children the plans she or the Health Service Executive have to retain in-patient surgery at two sites (details supplied) in view of the reply made to an adjournment debate on 5 June 2008; and if she will make a statement on the matter. [24165/08]

Denis Naughten

Question:

104 Deputy Denis Naughten asked the Minister for Health and Children when Professor Drumm will visit Roscommon County Hospital; when he will meet with the surgical team at the hospital; when she expects to receive his report and recommendations on the future of in-patient surgery at the hospital; and if she will make a statement on the matter. [24166/08]

I propose to take Questions Nos. 103 and 104 together.

I have outlined the policy context and rationale for the HSE's proposals in relation to this matter on the Adjournment of this House on 5th June 2008 and in my reply to questions 11 & 43 on the same date.

I am satisfied that the best way of retaining and developing services at Roscommon and Portiuncula hospitals is for both hospitals to work together in the provision of safe and effective hospital services to their catchment population. The development of detailed operational arrangements in this regard is a matter for the Health Service Executive, working in partnership with the appropriate professional and other stakeholders in the hospitals and communities concerned. Professor Drumm will be meeting with clinicians in the area to discuss this.

Food Supplements.

Joe Carey

Question:

105 Deputy Joe Carey asked the Minister for Health and Children the position in relation to the EU Directive on European Food Supplements; the manner in which the Directive was derived; and if she will make a statement on the matter. [24169/08]

The Food Supplements Directive, 2002/46/EC, has been transposed into Irish law by Statutory Instrument No. 506 of 2007. That legislation is implemented by the Health Service Executive, under a Service Contract Agreement with the Food Safety Authority of Ireland (FSAI). This ensures that consumers in Ireland are protected by the harmonised EU rules on the sale of food supplements, in particular the labelling of food supplements and chemical form of vitamins and minerals they contain.

One of the objectives of the Food Supplements Directive (2002/46/EC) was to make provision for the European Commission to determine maximum and minimum levels of vitamins and minerals in food supplements. The European Commission published a Discussion Paper on determining maximum and minimum levels of vitamins and minerals in June 2006.

The Irish response to this paper, issued in November 2006, gave Ireland's view that the Commission should proceed on a cautious basis, setting maximum limits for as many vitamins and minerals as possible. It was considered vital that the safety of the general population and the needs of particular subgroups such as pregnant women, children, older people and those on various specialist diets be taken into account in formulating the position on this issue.

Discussions are ongoing at European level on the development of a methodology under which maximum safe levels for vitamins and minerals in food supplements will be set. Those discussions will permit the European Commission and Member States to further develop future direction on this issue.

Health Services.

Pat Breen

Question:

106 Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated; and if she will make a statement on the matter. [24173/08]

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.

Mary O'Rourke

Question:

107 Deputy Mary O’Rourke asked the Minister for Health and Children if she will review the case of a centre (details supplied) in County Westmeath where carers have been informed that there will be a withdrawal of services from 26 July until early September 2008. [24189/08]

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

Medical Cards.

Bernard J. Durkan

Question:

108 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be awarded to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24232/08]

As the Health Service Executive has the operational and funding responsibility for the medical card benefit, 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.

Paul Kehoe

Question:

109 Deputy Paul Kehoe asked the Minister for Health and Children the status of a medical card application for a person (details supplied) in County Limerick; and if she will make a statement on the matter. [24233/08]

As the Health Service Executive has the operational and funding responsibility for the medical card benefit, 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.

Public Transport.

Fergus O'Dowd

Question:

110 Deputy Fergus O’Dowd asked the Minister for Transport the events and issues surrounding his granting Dublin Bus permission to run their 41X service via the Port Tunnel in competition with a private operator; if he has cancelled public funding in respect of services by Dublin Bus to Swords as a result of Dublin Bus operating this route; and if he will make a statement on the matter. [24101/08]

The initiation or alteration of a bus service by Dublin Bus is subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators.

Where proposed services by the Company are deemed to be in competition with services that are the subject of a licence held by a private bus operator issued under the Road Transport Act, 1932, Dublin Bus is required to obtain my consent under section 25 of the Transport Act 1958 before the Company can introduce such services.

My Department previously advised Dublin Bus on 20th February 2008 and again on 20th March, 2008 that its prior proposals to reroute its 41X services from Swords would give rise to competition with an existing licensed service. The Company was accordingly advised that should it wish to pursue the introduction of the proposed service changes, it must apply for Ministerial consent under Section 25 of the 1958 Act. Alternatively, the Company was advised that it could review its proposal in order to avoid competition with the licensed operator.

On 5th June 2008 Dublin Bus submitted a revised proposal for the rerouting of its 41x morning peak services from Swords. My Department considered the proposal and was satisfied that the changes proposed would not compete with an existing licensed service and therefore, did not require Ministerial consent in accordance with section 25 of the Transport Act, 1958. Accordingly, Dublin Bus was advised on the 12th June, 2008 that it may proceed with the proposed changes.

The position regarding funding paid to Dublin Bus in respect of their Public Service Obligation (PSO) services is as follows:

The funding is paid (through CIÉ):

(a) in their capacity as State-owned transport operator with a statutory mandate to provide PSO services; and

(b) solely for PSO services.

The compensation paid to CIÉ (in respect of PSO services provided by Dublin Bus), in accordance with Articles 10 and 11 of Regulation 1191/69, does not exceed the difference between the costs incurred for discharging these PSOs and the revenue generated through the sale of bus tickets. CIÉ, in its annual accounts, confirms compliance with all relevant EU Regulations governing State aid to transport undertakings.

Traffic Management.

Finian McGrath

Question:

111 Deputy Finian McGrath asked the Minister for Transport his views on a proposal (details supplied). [24105/08]

It is my view that the best way to reduce congestion and to reduce fuel consumption — and consequent pollution — is to encourage people to switch from private cars to public transport. This is the principle reason for providing bus lanes and other measures to promote bus priority on our roads.

I am aware that quite a number of cities around the world have introduced High Occupancy Vehicle (HOV) lanes. The results have varied greatly. While the planning, design and provision of bus lanes is a matter for local authorities as part of their general traffic management remit, I have no current plans to promote such lanes in Ireland. It is a matter for local consideration.

Fuel Costs.

John Deasy

Question:

112 Deputy John Deasy asked the Minister for Transport the discussions he has had with the Minister for Finance to alleviate the present financial hardship on households and businesses as a result of the spiralling cost of fuels; if he has discussed a possible tax reduction by the Government; and if he will make a statement on the matter. [24156/08]

Any discussions of the category set out in the question relate to matters which are internal to government.

Road Network.

Michael Ring

Question:

113 Deputy Michael Ring asked the Minister for Transport the position in relation to the provision of funding for a road (details supplied) in County Mayo; and when a decision can be expected on same. [24172/08]

The improvement and maintenance of regional and local roads in their areas is a matter for local authorities to be funded from their own resources supplemented by State grants.

Grants to local authorities in 2008 for regional and local roads were allocated on 15 February. Mayo County Council's overall allocation of €30,092,304 includes an allocation of €200,000 for design work on the R312 Castlebar to Belmullet Road.

Human Rights Issues.

John Deasy

Question:

114 Deputy John Deasy asked the Minister for Foreign Affairs if his attention has been drawn to the reported human rights abuses by Ethiopian government troops; the concerns he has regarding the channelling of Irish Aid funds to Ethiopia through local government structures; and if he will make a statement on the matter. [24252/08]

The situation in the ethnic Somali Ogaden region of Ethiopia has deteriorated sharply in the last six months. The conflict between the Government and the Ogaden National Liberation Front (ONLF) is causing serious hardship for the mainly pastoralist and nomadic people of the region, whose livelihoods have been disrupted. Some NGOs have complained of serious restrictions on humanitarian access to this drought-affected region.

While the Government of Ethiopia has an overriding responsibility, as well as a moral obligation, to restore order in this troubled region, it should do all it can to minimise the impact of the conflict on ordinary people, and to ensure full respect for human rights and international humanitarian law. On several occasions, Irish officials have conveyed to the Ethiopian side Ireland's very deep concern about the reports we have received in relation to the Ogaden region. We will continue to highlight these concerns until the situation is resolved. Ireland has also taken the lead in pressing for the EU to engage with Ethiopia in relation to this situation, given the EU's importance as a partner for Ethiopia, and our shared commitment to the well-being and development of the Ethiopian people.

As regards Ireland's assistance to Ethiopia, I believe that Irish Aid funding makes a real and tangible difference to the lives of the poorest and most vulnerable people there. Where assistance is channelled through sectoral ministries and regional authorities, it is ring-fenced for spending on basic needs programmes such as the building of schools, the training of health workers and teacher training. These programmes have a direct and positive effect on the lives of thousands of poor Ethiopians, and are helping to build a basis for real and lasting change in their lives. The programmes are also carefully monitored by our Embassy staff on the ground, and are externally evaluated from time to time. For all these reasons, despite my concerns with regard to the situation in Ethiopia, I believe it is right to remain engaged there.

Question No. 115 answered with Question No. 75.

Industrial Relations.

Finian McGrath

Question:

116 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will urge a bank (details supplied) to desist from trying to defeat the Irish Bank Officials Association and instead engage with them on the current dispute. [24109/08]

Industrial relations are the relations between employers and their workers. The resolution of industrial disputes is a matter for the parties to the dispute. In the case of the company referred to by the Deputy, I understand that the principal method of regulating industrial relations is collective bargaining i.e. the company engages in direct negotiation with the representatives of the employees.

For cases where the parties have failed to find a solution to the issues in dispute, the State provides the dispute settling machinery of the Labour Relations Commission and the Labour Court. Issues relating to cases that have been referred to the dispute settling machinery for resolution are operational matters for the State's dispute settling agencies and I have no function in these matters. Ultimately, responsibility for the resolution of trade disputes is a matter for the parties involved.

Companies Registration Office.

Paul Kehoe

Question:

117 Deputy Paul Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the Companies Registration Office is not in a position to accept the annual return in respect of limited companies prior to the NRD date; her views on whether it would be better to encourage companies, on completion of their accounts, to submit the accounts to the Companies Office, the Revenue Commissioners and so on rather than inconvenience companies and their advisors by having to address the issue at a later date; and if she will make a statement on the matter. [24161/08]

In general, the Companies Registration Office (CRO) is in a position to accept an annual return in respect of a limited company in advance of that company's statutory annual return date.

An exception is in respect of a new company filing its first annual return, as the first return is required under the Companies Acts to be made up to the date which is six months after the company's date of incorporation. No accounts are required to be attached to a company's first annual return.

Subsequent annual return dates for the company will fall on the anniversary of that first annual return date, unless the company alters its annual return date. A company may, if it wishes, make any subsequent annual return up to a date that is earlier than its statutory annual return date — the requirement under the legislation is that a company make the return up to a date "that is not later than its annual return date". If a company wishes to alter its annual return date for future years to the earlier date to which it has made up its current year's return, it may do so. Alternatively, if the company wishes to retain its original annual return date in respect of future years, notwithstanding the earlier filing of the current year's annual return, it may do so by notifying CRO of this on the annual return form. Accordingly, companies, on the completion of their accounts may, if they wish, submit those accounts to the Companies Registration Office with their annual return, notwithstanding the fact that the company's NARD may be at some remove.

This has been the position since 17 May 2004, when section 127 of the Companies Act 1963 (inserted by section 60 of the Company Law Enforcement Act 2001) was amended by section 46 of the Companies (Auditing and Accounting) Act 2003 and is subject to the requirement of section 125 of the Companies Act 1963 that every company shall make a return at least once in every calendar year.

Question No. 118 answered with Question No. 49.
Question No. 119 answered with Question No. 34.

Price Inflation.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she will take to address the issue of rising costs in both manufacturing and service industries; and if she will make a statement on the matter. [24223/08]

As a small open economy many of the factors which determine inflation are beyond our control. We have no control over issues such as rising oil prices and the decline in the value of the dollar against the euro. However, it is important to ensure that our domestic cost base does not undermine competitiveness. The Government is actively seeking to restrain inflationary pressures, promote competition, pursuit of sensible incomes policy, and we are keeping public spending growth at sustainable levels. Doing this will allow us to keep the burden of taxation low, thus helping to maintain competitiveness and to maximise our economic potential. These are all part of our strategy to improve the cost environment and to enhance competitiveness.

In relation to public expenditure, we are committed to moderate the growth in current spending in line with the growth in available resources, notwithstanding our key priority to fully implementing the National Development Plan. This will improve competitiveness through eliminating infrastructural bottlenecks and by raising the skills set of the population. This Government has always been focussed on addressing competitiveness issues as they emerge. Through our enterprise policies we are committed to making the economy one of the best locations in which to build businesses in high technology and internationally traded services. The Government has introduced a number of non-inflationary budgets in recent years and responds to the regular advice on the competitiveness agenda provided by the National Competitiveness Council. In addition, the recent Report of the High Level Group on Manufacturing outlines both global and domestic trends driving change in the sector and the implications for manufacturing companies operating in Ireland. The Group acknowledged the relevant policies that have been put in place and the substantial number of supports available to the manufacturing sector. Ireland's existing expertise provides a base for continued wealth creation over the next decade and the Group envisage that Ireland's manufacturing base will continue to move up the value chain. The Group's recommendations seek to substantially enhance existing manufacturing by delivering the environment and skill set necessary for sustainable success in the contemporary competitive environment. The Group has outlined a vision for manufacturing based on innovation (both technological and non-technological) and advanced manufacturing.

There are undoubtedly challenges to be addressed. I am satisfied that through our prudent management of the economy, through our social partnership structure, and through the provision of competition and other structural reforms in the economy that we will be able to meet those challenges.

Question No. 121 answered with Question No. 34.

Food Prices.

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent to which comparisons have been made between food prices here and other EU countries, both inside and outside the eurozone; and if she will make a statement on the matter. [24225/08]

Though data on increases in food and other prices are compiled on an ongoing basis by statistical bodies in Ireland and other member states, surveys comparing food prices here and in other euro area and EU countries are not routinely undertaken by these bodies. Foodstuffs, food brands, VAT rates and excise duties can differ significantly between member states and this makes the process of comparing prices across countries a complex and costly exercise.

A study undertaken for the Consumer Strategy Group in 2004 compared the price of 20 internationally branded products and 20 locally branded products in Ireland with the average price in the euro zone. It found that, when differences in VAT were taken into account, the internationally branded products were 22 per cent more expensive in Ireland than the eurozone average while the locally branded products were 3.2 per cent more expensive. Comparative surveys of consumer prices in Ireland and the eurozone were also undertaken by Forfás in 2002 and 2003.

The National Consumer Agency has recently published the results of a survey comparing the price of a range of branded and own brand goods in the Republic and Northern Ireland. The survey covered food and non-food items. It found that, after adjustments for exchange rates, VAT and excise duties, the branded goods were 28 to 31 per cent more expensive in the Republic while the own brand goods were 11 to 17 per cent more expensive.

Question No. 123 answered with Question No. 14.

Job Losses.

Bernard J. Durkan

Question:

124 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of job losses in each of the past five years to date; the number created in the same period; and if she will make a statement on the matter. [24227/08]

The table below sets out the numbers in employment and unemployment in the years 2004 to 2008.

2004

2005

2006

2007

2008

Employment

1,833,000

1,910,800

2,004,800

2,081,300

2,135,100

Unemployment

83,500

82,600

89,500

93,400

102,100

Source: CSO, QNHS Quarter 1 Dec-Feb 2008.

Employment has increased by 302,100 in the five-year period while unemployment has increased by 18,600 over the same period. Employment is forecast to grow by over 1% or 24,000 in 2008. The number of redundancies per year between 2003 and 2007 are set out in the table below.

2003

2004

2005

2006

2007

Redundancies

25,769

25,041

23,156

23,684

25,459

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if an evaluation has been carried out on the impact on the economy of job relocation to lower cost economies; the results of such studies, if this trend continues; and if she will make a statement on the matter. [24228/08]

There are various reasons why firms decide to relocate. Firms adjust their plant location and utilisation strategies to address matters such as accessing new markets, moving production nearer to customers, meeting firm or market specific customer relationship issues, accessing technology or other competitive considerations. We are equipped to manage this process successfully and enterprise policies have enabled the economy to replace lost jobs with others that are of the same or higher skill level.

My Department and Enterprise Agencies do not audit the extent to which job losses in the economy arise due to firms relocating abroad. We do have information, however, from client companies which have closed plants or downsized their workforces suggesting that job losses have been attributable to a range of factors including loss of contracts or a drop in demand for products, restructuring and rationalisation within companies and relocation of operations abroad. The last mentioned of these factors, according to the feedback from these companies, has been a relatively minor factor.

The relocation of businesses within particular types of industry is a reality of modern global manufacturing for a highly developed economy such as Ireland. IDA Ireland places significant focus on embedding existing multinational enterprises in Ireland, by encouraging such enterprises to increase the scale of Irish subsidiaries, and to also expand the range of activities undertaken in Irish subsidiaries to include less mobile types of operations for example R&D activities and Supply Chain Management. This process of embedding subsidiaries of multinational enterprises makes relocation less likely.

Question No. 126 answered with Question No. 49.

Work Permits.

Bernard J. Durkan

Question:

127 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of applications for work permits received in each of the past five years to date; the number granted, refused or pending; and if she will make a statement on the matter. [24230/08]

The following table details the total numbers of employment permits processed by my Department under the Employment Permits Acts, 2003 and 2006 in the past five years, as well as in 2008 to date:

Year

New Permits

Permits Renewed

Total Issued

Refused

2008

4,464

3,478

7,942

1,324

2007

10,094

13,412

23,506

2,130

2006

7,296

16,569

23,865

1,122

2005

7,618

19,505

27,123

1,332

2004

10,408

23,327

33,735

1,385

2003

22,310

25,091

47,401

1,670

Sports Capital Programme.

Denis Naughten

Question:

128 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the status of an application under the sports capital programme by a club (details supplied) in County Roscommon; the value of funding being sought; if his attention has been drawn to the positive impact that this funding will have in the local community; and if he will make a statement on the matter. [24167/08]

Under the sports capital programme, which is administered by the Department of Arts, Sport and Tourism, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.

Applications for funding under the 2008 programme were invited through advertisements in the Press on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications. All applications received before the deadline, including one from the organisation in question which is seeking €218,400 under 2008 programme, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Denis Naughten

Question:

129 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the status of an application under the sports capital programme by a club (details supplied) in County Roscommon; the value of funding being sought; if his attention has been drawn to the positive impact that this funding will have on the development of an integrated sports campus in the town; and if he will make a statement on the matter. [24168/08]

Under the sports capital programme, which is administered by the Department of Arts, Sport and Tourism, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.

Applications for funding under the 2008 programme were invited through advertisements in the Press on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications. All applications received before the deadline, including one from the organisation in question which is seeking €534,024 under 2008 programme, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Social Welfare Benefits.

Bernard J. Durkan

Question:

130 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if an exceptional needs payment will be made in the case of persons (details supplied) in County Dublin; and if she will make a statement on the matter. [24220/08]

Under the supplementary welfare allowance scheme, which is administered on behalf of the Department 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.

The Dublin/ Mid Leinster area of the HSE has advised that it has no record of a claim for an exceptional needs payment from the individuals concerned. If they wish claim such a payment they should contact their local community welfare officer.

Social Insurance.

Brian Hayes

Question:

131 Deputy Brian Hayes asked the Minister for Social and Family Affairs the sum of funds available within the social insurance fund and the amount on balance within the fund in each year over the past five years; and if she will make a statement on the matter. [24122/08]

The Social Insurance Fund derives its income mainly from pay-related social insurance contributions from both employers and employees. It provides insured contributors with both long-term pension benefits and short-term benefits such as unemployment and disability payments.

The following table outlines the Social Insurance Fund Receipts, Expenditure, Annual Surplus and Cumulative Surplus for each year since 2003. The figures for 2007 are provisional figures.

Year

Receipts

Expenditure

Annual Surplus

Cumulative Surplus

€ m

€ m

€ m

€ m

2003

5,089

4,833

255

1,529

2004

5,650

5,273

377

1,906

2005

6,159

5,665

494

2,400

2006

6,974

6,326

649

3,049

2007

7,833

7,251

582

3,631

Provisional receipts for 2008 to the 30th April were €2,870m while expenditure for the period was €2,643m.

The fund operates on a ‘pay as you go' basis with the Exchequer contributing to the extent that expenditure exceeds income in any year. This increasing cumulative surplus in the fund is the continuation of a trend which commenced in 1997 when a surplus arose for the first time since the fund was established in 1953.

In the previous forty-four years of the existence of the fund, there was a shortfall between the amount of income received into the fund and the amount of expenditure paid out of it, which was made up by an Exchequer subvention in each year, as provided for under the Social Welfare Acts.

The Acts also provide for the investment of the amount of the surplus arising in the fund. The investment account of the fund is managed by the National Treasury Management Agency, subject to guidelines issued by the Minister for Finance.

Social Welfare Appeals.

Mary O'Rourke

Question:

132 Deputy Mary O’Rourke asked the Minister for Social and Family Affairs if she will review the case of a person (details supplied) in County Westmeath who has applied for supplementary welfare. [24188/08]

The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE).

The Dublin/Mid-Leinster Area of the HSE has advised that the person concerned applied for payment of SWA on 10 June 2008, while awaiting a decision on his entitlement to Jobseekers Allowance. He furnished information to support his claim to the community welfare officer on 17 June. A decision has now been made to award a weekly payment of SWA to him. Payment will be made this week.

Bernard J. Durkan

Question:

133 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if her attention has been drawn to the fact that rent support in the case of a person (details supplied) in Dublin 15 has been reduced to €156.20 per month and that it will be impossible for the person to continue on part time work; and if she will make a statement on the matter. [24218/08]

The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the Department by the community welfare division of the Health Service Executive.

The Executive has advised that due to a variation in the weekly earnings of the person concerned, the amount of rent supplement payable in this case is re-calculated on a monthly basis using individual wage receipts. The Executive has advised that the amount of rent supplement referred to by the Deputy was based on evidence of earnings provided by the person concerned for the month of April 2008.

It is open to the person concerned to appeal against the decision of the community welfare officer to the Executive's designated Appeals Office.

Social Welfare Code.

Willie Penrose

Question:

134 Deputy Willie Penrose asked the Minister for Social and Family Affairs her views on extending the period of time, which persons in receipt of disability allowance can work, from 14 hours to 18 hours, in order to help them as part of the rehabilitation process; and if she will make a statement on the matter. [24246/08]

Disability allowance is a means-tested weekly payment for people who are substantially restricted in taking up employment owing to an illness or disability that is expected to last for at least one year. However, where a person takes up employment that is considered to be rehabilitative in nature earnings from that employment may, be subject to a disregard that will exempt it from assessment as means.

No restrictions are placed on the number of hours that can be worked under the disregard and instead it operates so as to encourage the maximising of overall income that can be derived from the combination of disability allowance and earned employment.

As of June 1, 2006, the income disregard operates on the basis of a tapered withdrawal rate between €120 and €350. This means that all income up to €120 is disregarded as means when assessing entitlement, while income between €120 and €350 is assessed at a rate of 50 per cent. The effect of this tapered withdrawal rate is that a single person can earn up to €432.50 per week before their disability allowance fully ceases.

A review published by the Department of Social and Family Affairs in 2004 of the Illness and Disability Payment Schemes suggested that continually increasing the income disregard level is not the most appropriate answer to the disincentive problem. Instead, that review favoured introducing a mechanism which would allow for the gradual reduction of social welfare benefits as earnings increase, thereby allowing people who increase their earnings or employment potential to see an increase in the overall income level. This approach benefits those in employment, irrespective or the hours worked or hourly rate earned. Thus far, the change in the rules for assessing earnings from employment has resulted in a 40 per cent increase in the number of people availing of the earnings disregard and increasing their overall income level.

Capitation Grants.

Tom Hayes

Question:

135 Deputy Tom Hayes asked the Minister for Education and Science the amount paid in capitation per student per year to primary schools each year since 2000 to date in 2008; the annual rate of inflation for each of those years; the plans he has to increase the capitation grant in line with increases in energy, heating oil, broadband, telephone charges and other expenses; and if he will make a statement on the matter. [24082/08]

The primary school capitation grant has been increased substantially in recent years. Since 2000 the standard rate of capitation grant has been increased from €81.26 per pupil to its current rate of €178.58. This represents an increase of almost 120% in the standard rate of capitation grant since 2000. The cumulative increase in inflation between 2000 and the end of 2007 is about 30%. The individual annual increases in the grant and the inflation for each year are set out in the table.

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.

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.

This year, despite the overall difficult economic environment my Department 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.

Summary table showing the increases in standard rate of primary capitation grant and how it compares to inflation between the years 2000 and 2008

Year

Capitation grant

Annual increase in grant

Rate increase as a % of grant

Annual rate of inflation (Consumer Price Index)

%

%

2000

81.26

5.08

6.2

5.6

2001

95.87

14.61

15.2

4.9

2002

105.00

9.13

8.7

4.6

2003

111.58

6.58

5.9

3.5

2004

121.58

10.00

8.2

2.2

2005

133.58

12.00

9.0

2.5

2006

145.58

12.00

8.2

4.0

2007

163.58

18.00

11.0

4.9

2008

178.58

15.00

8.4

Annual figure for 2008 not yet available

The total increase since 2000 amounts to €97.32 which represents an increase of almost 120%. The cumulative increase in inflation between 2000 and the end of 2007 is just about 30%.

Departmental Expenditure.

Tom Hayes

Question:

136 Deputy Tom Hayes asked the Minister for Education and Science his views on the fact that Ireland is 24th out of the top 25 OECD countries in relation to education funding; his plans to improve this situation; his views on the areas of education funding (details supplied) that will be of greatest importance in the future; and if he will make a statement on the matter. [24083/08]

The figures quoted by the Deputy are contained in an OECD Report Education at a Glance which, although published in 2007, uses data up to 2004 and hence does not capture the extra investment that has been put into Irish education since then.

In any event, the OECD Report shows how Irish students are performing significantly better than those in other developed countries in a number of areas. For example, the reading ability of Irish 15 year-olds was far better than the international average. 91% of Irish 25-34 year-olds had completed at least upper second level education or an equivalent course such as a FÁS qualification — compared with an OECD average of 82%. The proportion of the population aged 25-34 with higher education in Ireland at 41% was well above the OECD average of32%. Ireland was in the top three (with Spain and Finland) most socially equitable countries in terms of educational outcomes and access to higher education. The number of science graduates per 100,000 of employed 25-34 year olds in Ireland was the second highest in the OECD. Third level drop-out rates in Ireland were also significantly below the international average.

In relation to investment, the OECD Report notes that between 1995 and 2004, in real terms (allowing for inflation), total public and private spending has increased here by 74% at primary, second and further education levels and also by 74% at higher education. At first and second levels, this scale of increase was the second highest of any OECD country while at third level it was 6th highest. So, total spending grew faster in Ireland, in absolute terms, than in most other OECD countries. A comparison of trends in public expenditure only, shows that Ireland recorded a very strong pattern of growth in the decade up to 2004 — with a doubling in real terms of total public expenditure on education. This placed Ireland second only to Greece among OECD countries in the scale of increase.

As also noted in the OECD Report is the fact that "In Ireland, the strong growth of GDP hides a significant increase in spending on educational institutions when spending on education is considered as a proportion of GDP". Hence, in relation to national income a rapid increase in spending on education — as in other areas of public service — has not kept pace in some years with the extremely rapid increase in national income.

I am pleased to say however, that investment in education has also increased very significantly since 2004. Overall investment in education which has increased significantly in recent years — up by more than 70% since 2002 to over €9.3 billion this year. This represents a significant increase of over €690 million, or 8%, on the funding position after Budget 2007 and will enable my Department to deliver significantly on a number of fronts:

Investing almost €600 million in school buildings;

Bringing expenditure on special education to twice the 2004 amount;

Putting additional teachers and special needs assistants in place in primary and post-primary schools; and

Providing €4.6 billion or €380 million extra for teacher pay and pensions.

The Programme for Government sets out a commitment to implement a comprehensive Schools' ICT Strategy, supported by a dedicated capital investment programme and addressing schools' needs for technical support and maintenance. It will also cover the training needs of teachers. The Programme for Government also set out that second level students will be given the opportunity to acquire an ECDL qualification in computers by the time they leave school.

The NDP provides €252m for the new Schools' ICT strategy to develop an e-Learning culture in schools that will ensure that ICT usage is embedded in teaching and learning across the curriculum. The new strategy will address teacher professional development, the maintenance of a national broadband network for schools, the upgrading and renewal of hardware along with the provision of software and digital content for learning. The planned investment will also address maintenance and support requirements.

Turning to class size, the Programme for Government sets out the overarching policy position in relation to the provision of additional teachers and on reductions in class size over the life of the Government. The Programme contains a commitment to increase the number of primary teachers by at least 4000 and on that basis to make further progress on reducing class sizes.

The Programme also sets out how improvements in class size in primary schools will be brought about by changes to the staffing schedule that is used to allocate classroom teachers to primary schools based on the total enrolment in the school. The schedule allocates teachers within enrolment bands and the current bands are based on an average of 27 pupils. The Programme for Government sets a revised basis for the 2010/11 school year of an allocation based on an average of 24 pupils to a class and that this will be achieved on a gradual basis by a series of annual reductions each of 1 point on the schedule. The latest figures available on average primary class sizes relate to the 2006/07 school year. At that time, the average class size was 24. And the pupil teacher ratio — which includes resource teachers etc.- was 16.4:1 compared to 22.2 in the 1996/97 school year. For the current school year, extra teachers were provided to staff schools on the basis of a general rule of at least one classroom teacher for every 27 children.

In addition to the supports provided in the classroom, additional resources, including teaching resources, are also provided to cater for the needs of pupils with special educational needs. Since 2004 investment in special education has doubled to €900 million this year and huge progress has been made:

Almost 6,000 additional teachers and SNAs have been put in place mostly at primary level — bringing the total number of special education staff to about 19,000;

The level of training available to teachers has improved significantly;

All schools have been assigned learning support resource teaching hours based on their enrolment figures;

The application process for extra supports has been transformed for the better with the establishment of the NCSE and its team of more than 80 local Special Educational Needs Organisers;

A significant expansion in the number of NEPS psychologists is also underway, with a view to all schools receiving a direct service in the 2009/2010 school year; and

There has been a particular focus in recent years on improving services for children with autism. In the past year alone, about 100 extra special classes for autistic children have been set up, bringing the total number to almost 280.

Another area that has seen significant targeted investment in recent years is that of additional supports for children and young people from disadvantaged communities and specifically to address matters of class size in primary schools serving disadvantaged communities.

In 2008, some €800 million is being provided for such initiatives at all levels of the education system — an increase of 75% on the comparable figure for 2003. Under the DEIS action plan, primary schools serving the most disadvantaged communities are being targeted to benefit from a wide range of extra resources from smaller classes, to school meals, intensive literacy and numeracy programmes and additional day-to-day funding. They are also in receipt of Home School Community Liaison and School Completion services.

The DEIS action plan is being rolled out on a phased basis over the period to 2010. In respect of the 2007/08 school year, grants amounting to approximately €10 million issued to the 670 Primary schools which are participating in the DEIS Initiative. Almost €5 million was paid in the course of the year in respect of the 203 Post Primary schools participating in the initiative and 80 Post Primary Schools receiving grants under pre-existing schemes. In addition, approximately another 1,900 primary schools received almost €4 million of grant assistance to assist them with their respective levels of dispersed disadvantage. 2006 saw the implementation of targeted class size reductions of 20:1 in junior classes and 24:1 in senior classes in urban/town primary schools serving the most disadvantaged communities. In the 2006/2007 school year access to teacher/coordinator support for any of the rural primary schools, not already in receipt of such support under a previous measure, was implemented. Under DEIS, Home/School/Community liaison and School Completion Programme services have been extended to any of the urban/town primary schools and second-level schools not alreadybenefiting from them.

Additional supports outside of the classroom are also provided to meet the needs of children whose first language is not English. This is met through a programme of language support provided by additional teachers at primary and second level who help children to improve their English language skills. The commitment to provide 1,800 Language Support Teachers in primary and post-primary schools, outlined in the Programme for Government has already been exceeded with the allocation of almost 2,000 language support teachers in the current school year. The corresponding figures for the 2006/07 and 2005/06 school years are approximately over 1,400 and over 800 respectively.

There is a Government commitment to doubling the primary capitation grant by 2012 and to significantly increasing the value of the ancillary services grant that is used by schools for the employment of support staff such as caretakers and secretaries. 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 2007, the primary capitation grant was €163.58. This was increased by €15 in 2008 to €178.58 per pupil.

On the basis of information available to the Department and taking account of the Area Development Plans produced by the Commission on School Accommodation, it is estimated that about 9,000 additional primary school places are needed in the short term, most of them in the greater Dublin area. To deal with this increasing demand for school places, the Government is providing funding of €4.5 billion over the lifetime of the new National Development Plan (NDP). This will be the largest investment programme in schools in the history of the State and it will enable the Department to ensure that school places are available where needed. It will also allow the Department to continue the school building modernisation programme which commenced during the life time of the last NDP when well over €2.6 billion was invested in school development, delivering over 7,800 projects.

€586 million has been allocated for school buildings in 2008 which includes €95 million extra for primary schools. The Pre-Budget Outlook published by the Department of Finance in November provided €295 million for primary school buildings in 2008. This was further increased by more than 30% in the Budget to €390 million. This investment almost €600 million in 2008 will enable the completion of work on 67 large-scale primary schools projects that will deliver 7,000 additional permanent school places in new schools and 2,300 additional permanent school places in existing schools. Construction work for over 150 devolved projects under the Permanent Accommodation Scheme which will provide 8,000 additional places in existing primary schools.

Under the current National Development Plan, a total of €1.135 billion has been identified for PPP Projects within the Education sector.

A Schools programme of 27 primary and post primary schools was announced in September 2005 and these projects are now moving through the system with the 1st Bundle of 4 post primary schools likely to commence construction later this year. The 2nd Bundle of 6 schools was advertised in the European Journal in May and the Minister will be announcing the 3rd Bundle of school projects later this year.

On the Third Level programme 17 projects in 9 institutions were announced in November 2005 and the first bundle of these will be offered to the market this year. The Department will continue to use the PPP model as appropriate in order to supplement the programme of school construction under the traditional route in relation to funding at second-level, over €1 billion is allocated in 2008 for the funding of grants to secondary schools, running costs for Community and Comprehensive Schools and annual grants to VECs.

In relation to third level I would like to point out that public investment in higher education has increased significantly over the last decade. When all higher education funding is taken into account, the overall provision by the Department of Education and Science for the sector amounts to some €2 billion for 2008. This is an increase of some 25% since 2005, when the provision amounted to €1.6 billion and an increase of some 135% on the €850 million provided in 1997.

Between 2002 and 2007, expenditure on Further Education has increased by over 50%, from €256m to €392m. In terms of extending opportunity, this increased expenditure meant that in 2007, nearly 49,000 places were provided in further education courses compared with under 44,000 places in 2002. In addition, the adult literacy programme provided for 44,000 learners in 2007 compared with 28,000 in 2002.

Of course, all Programme for Government commitments to improve public services, including those in the education sector, are contingent on the economic and budgetary environment and the need for prudent expenditure and fiscal management. Consequently, the competing demands for funding within the education sector must be considered in the context of the overall economic and budgetary position that might prevail in the coming years.

School Accommodation.

Finian McGrath

Question:

137 Deputy Finian McGrath asked the Minister for Education and Science the position regarding a matter (details supplied). [24108/08]

In July 2007, it was announced that the vacant premises of Greendale Community School would continue to be used for educational purposes. St. Michael's House Special School, Colaiste Dhulaigh and Integrate Ireland Language and Training Ltd (IILT) were announced as the three educational institutions which would transfer to Greendale. As IILT will cease providing direct tuition in July 2008, there is no longer a need for the company to transfer to Greendale. However, St. Michael's House and Colaiste Dhulaigh will continue to use Greendale and will ensure that the school premises will continue to be used for educational purposes.

Pupil-Teacher Ratio.

Deirdre Clune

Question:

138 Deputy Deirdre Clune asked the Minister for Education and Science if his attention has been drawn to the fact that pupils in a school (details supplied) are in some cases in classes of 35 and more; his plans to address the situation; and if he will make a statement on the matter. [24112/08]

Schools have flexibility in the way in which they assign pupils and teachers to classes and the Department does not allocate teachers to specific classes or age groups. The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Posts allocated on the basis of this staffing schedule are specifically for mainstream classes and should be deployed accordingly. School authorities are requested to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment). In particular, school authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and smallest classes is kept to a minimum.

Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30th September 2006 was 319 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my Department's website at www.education.ie, the mainstream staffing in the school for the 2007/08 school year is a Principal and 12 mainstream class teachers.

According to data submitted by the Board of Management the enrolment on 30th September 2007 was 326 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is also available on my Department's website at www.education.ie and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008/09 school year will remain at a Principal and 12 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department's website.

The first meeting of the Appeal Board took place on 20th May, 2008. Further meetings will be held in June and October, 2008. The closing dates for receipt of appeals are 20 June and 10 October respectively. Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Payments Section or on my Department's website.

The Appeal Board operates independently of the Department and its decision is final.

Special Educational Needs.

Bernard J. Durkan

Question:

139 Deputy Bernard J. Durkan asked the Minister for Education and Science when a special needs assistant will be arranged for one to one sessions as required for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24134/08]

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs. My officials have been in contact with the NCSE and I am pleased to advise the Deputy that the pupil in question has been granted 4 hours resource teaching support as well as access to SNA support for the 2008/2009 school year. I understand that the SENO conveyed this decision to the school during the past week.

It is open to parents to contact their local SENO directly regarding their child's special educational needs using the contact details available on www.ncse.ie.

Schools Building Projects.

Paul Nicholas Gogarty

Question:

140 Deputy Paul Gogarty asked the Minister for Education and Science the progress made in providing an additional second level school in south Lucan as approved by South Dublin County Council as part of the Clonburris local area plan; his views on the way in which such a facility will be managed; and if he will make a statement on the matter. [24181/08]

A timeframe for the delivery of the planned second level school at Clonburris, Lucan will be known when a suitable site has been identified and acquired. My Department is conscious of the lead-in period for the delivery of a post-primary school and it would be anxious to conclude the site issue as soon as possible. It will continue to engage with the local authority until this matter is resolved.

Site Acquisitions.

Paul Nicholas Gogarty

Question:

141 Deputy Paul Gogarty asked the Minister for Education and Science the practical work being carried out by his Department to locate a suitable permanent site for a school (details supplied); and if he will make a statement on the matter. [24182/08]

My Department is awaiting confirmation from the school authorities about the extent of the school's catchment area. When the relevant information is received, the acquisition of the site for the school in question will be considered in the context of the capital budget available to my Department for school buildings generally. I am not in a position to say at this stage when the acquisition will be concluded.

Paul Nicholas Gogarty

Question:

142 Deputy Paul Gogarty asked the Minister for Education and Science the practical work being carried out by his Department to locate a suitable permanent site for a school (details supplied); and if he will make a statement on the matter. [24183/08]

The school to which the Deputy refers is currently operating in temporary accommodation on a site that is in the ownership of Co. Dublin VEC. The Department is in consultation with the VEC on the possibility of using this site, together with an additional portion of VEC lands, to cater for this school's long term accommodation needs. A study has been conducted to determine the feasibility of this proposal.

The acquisition of the site for the school in question will be considered in the context of the capital budget available to my Department for school buildings generally. I am not in a position to say at this stage when the acquisition will be concluded.

Paul Nicholas Gogarty

Question:

143 Deputy Paul Gogarty asked the Minister for Education and Science if his attention has been drawn to the fact that there are four schools in the Lucan area operating under the patronage of Educate Together, in view of the fact that there is no concrete sign of any site being made available for a second level school under the patronage of this body; if his Department is working to facilitate such a school in the general Clonburris area either as part of the local area plan or yet to be ascertained SDZ lands, or at another suitable location; and if he will make a statement on the matter. [24184/08]

A timeframe for the delivery of the planned second level school at Clonburris, Lucan will be known when a suitable site has been identified and acquired.

My Department is conscious of the lead-in period for the delivery of a post-primary school and it would be anxious to conclude the site issue as soon as possible. It will continue to engage with the local authority until this matter is resolved.

The question as to whether additional patron bodies should be recognised at second level is under consideration in the context of a request from Educate Together. The issue of patronage for a school is generally considered when a time scale for the provision of the school has been established.

Schools Building Projects.

Brian Hayes

Question:

144 Deputy Brian Hayes asked the Minister for Education and Science the position regarding the application of a school (details supplied) in Dublin 1 for a new school building; and if he will make a statement on the matter. [24185/08]

The project to which the Deputy refers is currently at an early stage of architectural planning.

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. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Accommodation.

Paul Kehoe

Question:

145 Deputy Paul Kehoe asked the Minister for Education and Science the status of an application for the provision of an additional classroom at a school (details supplied); when the school can expect written confirmation of same; and if he will make a statement on the matter. [24187/08]

The school to which the Deputy refers has made an application for an additional classroom. My Department will be in contact with the school authorities as quickly as possible.

Waste Disposal.

Liz McManus

Question:

146 Deputy Liz McManus asked the Minister for Defence the involvement of the Army in the disposal of hydrogen cyanide in the Manor Kilbride area of County Wicklow; the reason the Army is involved in providing a service for a private company (details supplied); the payment made to the Army for this service; the safety precautions that have been taken; and if he will make a statement on the matter. [24250/08]

This is a matter in the first instance for South Dublin County Council. Under the Waste Management Act, 1996, the Council proposes to use its powers to dispose of a number of cylinders containing hydrogen cyanide. The Defence Forces in their role as Aid to the Civil Authority have been requested to provide a site and to provide explosives to be used in the destruction of the material. The Defence Forces will monitor and observe the disposal activity in Kilbride Camp.

Garda Deployment.

Finian McGrath

Question:

147 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a case (details supplied). [24107/08]

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

I am further informed that local Garda management is aware of public order problems and anti-social behaviour in the area concerned.

The area is regularly patrolled by uniform and plain-clothes units, including the local Community Policing Unit. Community policing is a central feature and core value of policing policy in the area concerned. Patrols are supplemented by the District Garda Mountain Bike Unit, Detective and Drugs Units and Divisional Crime Task Force and Traffic Corps personnel.

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.

Citizenship Applications.

Finian McGrath

Question:

148 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the situation with regard to an application for naturalisation for a person (details supplied) in Dublin 11. [24115/08]

I refer the Deputy to the reply to Parliamentary Question 558 on 17 April 2008. The position remains as stated.

Asylum Applications.

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [24131/08]

I refer the Deputy to my previous answer to Parliamentary Question No. 223 put down for answer on 9th April 2008. I am informed by the Immigration Division of my Department that an application for family reunification under Section 18 of the Refugee Act 1996 was made in May 2004.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996 in August 2004. The investigation was completed and the Commissioner forwarded a report to my Department in March 2006.

In August 2006 while processing the application, questions arose in relation to the authenticity of certain documents submitted. Subsequent checks by document experts in the Garda Technical Bureau concluded that there were doubts concerning the authenticity of certain documents. A report containing these conclusions was received in Family Reunification Section in September 2007.

My Department has subsequently written to the person in question seeking clarification with regard to the documents and to date no response has been received.

Residency Permits.

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [24133/08]

It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Jim O'Keeffe

Question:

151 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons whose leave to remain status in the State has been revoked and the relevant applicable years where such status has been revoked on the basis that this was deemed to be appropriate as provided for in the Immigration Act 1999 as amended. [24143/08]

It is not possible to provide the Deputy with the information sought as although it is known that leave to remain in the State has been revoked in a number of instances, this information is not recorded in a manner that enables it to be extracted.

Removal Orders.

Jim O'Keeffe

Question:

152 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of removal orders against European citizens and the relevant nationalities involved made pursuant to Regulation 20 (1)(a) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006; if exclusion periods have been placed on such persons; and the periods whereby they can not re-enter the State. [24144/08]

The European Communities (Free Movement of Persons) (No. 2) Regulations 2006 came into operation on 1st January 2007. Since that date, nine Removal Orders, made in accordance with Regulation 20(1)(a), have been signed in respect of European Union citizens of which five have been effected. In accordance with Regulation 20(1)(c) an exclusion period, ranging from three to five years in duration, has been imposed in each case. Of the nine Removal Orders signed, five were in respect of Romanian nationals, three in respect of Lithuanian nationals, and one in respect of a Spanish national.

Refugee Status.

Jim O'Keeffe

Question:

153 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons whose refugee status has been revoked by him and the relevant applicable years where he has been satisfied that the persons presence in the State posed a threat to national security or public policy, pursuant to section 21 (1)(h) of the Refugee Act 1996. [24145/08]

Since the establishment of the Ministerial Decisions Unit in 2001, 16 people have had their refugee status revoked. This is broken down as follows:

2003 — 1 revocation

2005 — 4 revocations

2006 — 3 revocations

2007 — 3 revocations

2008 — 5 revocations to date

Of these 16 revocations, 6 were revoked on the basis that the Minister was satisfied that the person to whom the declaration had been given was a person whose presence in the State posed a threat to national security or public policy.

Asylum Applications.

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24190/08]

The person concerned arrived in the State on 2 September 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 7 September 2007, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application 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 is passed to me for decision.

Refugee Status.

Bernard J. Durkan

Question:

155 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24191/08]

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Bernard J. Durkan

Question:

156 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [24192/08]

The person concerned arrived in the State on 5 November 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 22 November 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application 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.

The wife of the person concerned arrived in the State on 28 January 2007 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. She gave birth to a child in the State in September 2007.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the wife of the person concerned was informed, by letter dated 9 October 2007, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of 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. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The wife of the person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the wife of the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the wife 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.

Residency Permits.

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status or naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [24193/08]

The person concerned was granted permission to remain in the State in 2002 under the procedures then in place for the non-EEA parents of children born in Ireland. The permission granted was for an initial period of twelve months. Under the terms of the procedures then in place, applicants, such as the person concerned, are not required to keep in contact with my Department unless there is a change in their circumstances. The renewal or extension of an applicant's permission to remain is a matter for the Garda National Immigration Bureau. I am informed that the most recent permission to remain granted to the person concerned is valid until 6th April, 2009.

Citizenship Applications.

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to naturalisation and family reunification in respect of a person (details supplied) in Dublin 8. [24194/08]

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 September 2006.

Officials in that Section are currently processing applications received in late 2005 and the applicants file will therefore be forwarded to me for a decision in due course.

My officials inform me that the Irish Naturalisation and Immigration Service (INIS) has no record of an application for a certificate of naturalisation for the wife of the person concerned in the Deputy's Question.

Refugee Status.

Bernard J. Durkan

Question:

159 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24195/08]

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Visa Applications.

Bernard J. Durkan

Question:

160 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status and family reunification or visa for a person (details supplied); and if he will make a statement on the matter. [24196/08]

My Department has no record of receiving a Family Reunification or Visa application in respect of the person concerned. The person's mother was granted permission to remain in the State under the revised arrangements for non EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 scheme, subject however to the condition that she accepted that the granting of the permission does not confer any entitlement or legitimate expectation on any other person, whether related to her or not, to enter the State.

It is, however, open to all non-nationals, who are resident outside the State, and who are visa- required to enter the State, to apply to their nearest Irish Embassy or Consulate for an entry visa. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

Refugee Status.

Bernard J. Durkan

Question:

161 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24197/08]

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Bernard J. Durkan

Question:

162 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24198/08]

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Citizenship Applications.

Bernard J. Durkan

Question:

163 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [24199/08]

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 files received in late 2005 and the applicants file will therefore be forwarded to me for a decision in due course.

Residency Permits.

Bernard J. Durkan

Question:

164 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a green card or equivalent will issue in the case of a person (details supplied) in Dublin 24 who requires the documentation for work purposes; and if he will make a statement on the matter. [24200/08]

I am informed by the Immigration Division of my Department that the person in question was granted permission to remain under the Family Reunification Scheme and did not renew her permission to remain status prior to its expiration.

The onus is on the person in question to ensure that her registration details are kept up to date at all times and maintained satisfactorily and in accordance with the instructions provided by my Department at the time of her initial registration.

Bernard J. Durkan

Question:

165 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [24201/08]

I refer the Deputy to my previous Reply to Parliamentary Question Nos: 243 put down for answer on 15th May 2008 and 938 put down for answer on 26th September 2007.

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in April 2006.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.

This application will now be considered by my Department and a decision will issue in due course.

Asylum Applications.

Bernard J. Durkan

Question:

166 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Tipperary; and if he will make a statement on the matter. [24202/08]

The person concerned arrived in the State on 1 February 2007, accompanied by her minor brother, and applied for asylum on her own behalf and on behalf of her brother. As a consequence, any decision made in relation to the person concerned will apply equally to her brother. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, 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 14 November 2007, that the Minister proposed to make deportation orders in respect of her and her brother. 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 brother should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application 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 is passed to me for decision.

Deportation Orders.

Bernard J. Durkan

Question:

167 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will consider revocation of a deportation order in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [24203/08]

I refer the Deputy to my reply to Dáil Question no. 229 of 15th May, 2008. The situation remains unchanged.

The person concerned continues to evade his deportation and should present himself to the Garda authorities without further delay.

Asylum Applications.

Bernard J. Durkan

Question:

168 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [24204/08]

I refer the Deputy to Parliamentary Question No. 187 of Thursday, 10th April 2008 and the written Reply to that Question.

The first named person concerned arrived in the State on 16 July 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the (first named) person concerned was informed, by letter dated 5 July 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 (first named) person concerned and will be fully 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, before the file is passed to me for decision.

The second named person concerned was the subject of an application for Family Reunification and notification issued to the applicant that she had been approved under the Family Reunification Scheme in April 2004. This position remains unchanged.

Bernard J. Durkan

Question:

169 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [24205/08]

The person concerned arrived in the State on 3 June 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 June 2007, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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. In addition, he was notified of his entitlement to apply, by a specified date, for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned did not submit any such application.

The case file of the person concerned will now 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 is passed to me for decision.

Citizenship Applications.

Bernard J. Durkan

Question:

170 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [24206/08]

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 June 2007.

Officials in that Section are currently processing applications received in late 2005 and have approximately 11,500 application 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.

However, I understand that the person concerned is a refugee. In accordance with the Governments obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible, having regard for the general volume of applications on hand.

Asylum Applications.

Bernard J. Durkan

Question:

171 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24207/08]

The person concerned arrived in the State on 6 February 2007, accompanied by her three children, and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, 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 28 December 2007, 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. In addition, the person concerned was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application 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 is passed to me for decision.

Residency Permits.

Bernard J. Durkan

Question:

172 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24208/08]

I have sought a report on the matter from the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Asylum Applications.

Bernard J. Durkan

Question:

173 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24209/08]

The person concerned arrived in the State on 30 November 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 22 August 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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 submitted on behalf of the person concerned and will be fully 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, before the file is passed to me for decision.

Residency Permits.

Bernard J. Durkan

Question:

174 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the family reunification application made in January 2006 in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [24210/08]

I refer the Deputy to my previous replies to Parliamentary Question Nos: 1027 put down for answer on 26th September 2007, No: 208 put down for answer on 21st February 2008 and No: 188 put down for answer on 28th February 2008.

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.

The Immigration Division has recently issued a decision to the husband of the person in question and has requested further information regarding the additional subjects of the application.

Citizenship Applications.

Bernard J. Durkan

Question:

175 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status or application for naturalisation in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [24211/08]

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 January 2003.

On examination of the application it was determined that the person concerned did not meet the statutory residency requirement as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing him of this was issued on 29 January 2005.

It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory requirements applicable at that time.

Officials in the Long Term Residency section of my Department inform me that there is no record of an application from the individual in question.

Deportation Orders.

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if residency status on humanitarian grounds will be considered in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [24212/08]

I refer the Deputy to Parliamentary Questions Nos. 232 of Thursday 15 May 2008, 185 of Thursday 1 May 2008 and 247 of Thursday 3 April 2008 and the written Replies to those Questions.

The person concerned arrived in the State on 7 June 2002 and made an application for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 10 September 2003, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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 submitted on behalf of the person concerned.

The case file of the person concerned, including all representations submitted, will be carefully 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, in advance of the file being passed to me for decision.

Garda Vetting Services.

Caoimhghín Ó Caoláin

Question:

177 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the progress achieved to date in co-operation with the Six Counties authorities on the exchange of information for vetting persons working with children. [24238/08]

Caoimhghín Ó Caoláin

Question:

178 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he is contemplating changes in vetting services that would comply with or mirror the expanded services in the Six Counties under the new ACCESS NI background checking service. [24239/08]

I propose to take Questions Nos. 177 and 178 together.

I am informed by the Garda authorities that the Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations in Ireland which are registered with the GCVU and which employ people to work with children and/or vulnerable adults.

In respect of vetting applications which contain addresses in Northern Ireland, a successful reciprocal arrangement is in place with the Police Service of Northern Ireland and the results received in response to requests are disclosed to the relevant registered organisation concerned.

The GCVU is undergoing a planned, phased expansion of the services it provides. In order to meet the increased demand arising since 2006 from this major expansion, the GCVU has been in receipt of very significant additional resources. In particular, the human resource allocation to the Unit has increased from 13 originally to its current level of 66, allowing for a greatly enhanced turnaround time in dealing with vetting applications.

Caoimhghín Ó Caoláin

Question:

179 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the sports organisations that carry out vetting of their paid and non-paid personnel working with children; and the number of vetting applications per organisation, to date in 2008. [24240/08]

I am informed by the Garda authorities that Garda Vetting is conducted by the Garda Central Vetting Unit (GCVU) on behalf of organisations employing personnel to work in a full-time, part-time, voluntary or student placement capacity with children and/or vulnerable adults, which are registered with the Unit.

The phased roll-out of Garda vetting to sports organisations is being managed in liaison with the Irish Sports Council and arrangements are being put in place to register a number of additional sporting organisations during 2008. This arrangement has been approved by the Implementation Group on Garda Vetting.

The table lists the sporting organisations registered with the GCVU and provisional figures for the number of applications received from each to date in 2008:

Organisation

Applications received to date in 2008

Football Association of Ireland

584

Irish Pony Club

175

Tennis Ireland

166

Junior Golf Ireland

152

Volleyball Association of Ireland

22

Swim Ireland

20

Irish Gymnastics Ltd

1

Irish Rugby Football Union

Nil

Irish Sailing Association

Nil

Basketball Ireland

Nil

Badminton Union of Ireland

Nil

Mountaineering Council of Ireland

Nil

Camogie Association

Nil

Ladies Gaelic Football Association

Nil

Irish Canoe Union

Nil

Irish Underwater Council

Nil

Cycling Ireland

Nil

Irish Amateur Rowing Association

Nil

Irish Motor Sports Association

Nil

Irish Surfing Association

Nil

Caoimhghín Ó Caoláin

Question:

180 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of staff in the Garda Vetting Unit; the number of applications dealt with annually; and the average processing time per application. [24241/08]

I am informed by the Garda authorities that there are currently 66 personnel attached to the Garda Central Vetting Unit (GCVU). The current average time for the processing of correctly completed vetting application forms is approximately four weeks, and the Central Vetting Unit dealt with 187,864 applications in 2007, the latest year for which a full-year figure is available.

Garda Stations.

Billy Timmins

Question:

181 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to Blessington Garda Station, County Wicklow; if this will be designated a 24 hour station as a matter of urgency in view of the rise in criminal activity in this area; and if he will make a statement on the matter. [24242/08]

Billy Timmins

Question:

182 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to a Garda station (details supplied) in County Wicklow; and if he will make a statement on the matter. [24243/08]

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

I have asked the Garda Commissioner for his views and I will be in touch with the Deputy in relation to this matter shortly.

Deportation Orders.

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Longford; if their case was at any time dealt with by an immigration or tribunal representative; and if he will make a statement on the matter. [24249/08]

The person concerned arrived in the State on 8 May 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 June 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of 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 submitted on behalf of the person concerned and will be fully 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, before the file is passed to me for decision.

Special Areas of Conservation.

Frank Feighan

Question:

184 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the reason landowning farmers can no longer benefit from subsidies in respect of special areas of conservation and national heritage areas due to changes, since the original agreement, in the way these areas of land are categorised; and the plans he has to review the situation in view of the loss of benefits such as the extraction of turf by farmers for their own use. [24159/08]

My Department compensates farmers for losses occurring where their farming activities are restricted as a result of designation of a Special Area of Conservation, Special Protection Area or Natural Heritage Area.

In terms of the cessation of peat extraction from designated bogs, the arrangements for compensation agreed with the farming representative organisations in 2004 continue in place.

Water and Sewerage Schemes.

Tom Hayes

Question:

185 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if an application to his Department has been furnished for funding in respect of Clonmel town and rural water supply scheme. [24076/08]

Tom Hayes

Question:

186 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if an application to his Department has been furnished for funding for Ardfinnan regional water supply scheme. [24077/08]

Tom Hayes

Question:

187 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if an application to his Department has been furnished for funding for Galtee-Emly regional water supply scheme. [24078/08]

Tom Hayes

Question:

188 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if a submission has been made by South Tipperary County Council in respect of Clonmel town and rural water supply scheme. [24079/08]

Tom Hayes

Question:

189 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if a submission has been made by South Tipperary County Council in respect of Ardfinnan regional water supply scheme. [24080/08]

Tom Hayes

Question:

190 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if a submission has been made by South Tipperary County Council in respect of Galtee-Emly regional rural water supply scheme. [24081/08]

I propose to take Questions Nos. 185 to 190, inclusive, together.

The Clonmel Town and Rural Water Supply Scheme and the Ardfinnan and Galtee Regional Water Supply Schemes have all been approved for funding under my Department's Water Services Investment Programme 2007 — 2009.

South Tipperary County Council's Preliminary Reports for the three schemes, received last month, are being examined by my Department and are being dealt with as quickly as possible.

Turbary Rights.

Denis Naughten

Question:

191 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to allow commercial turf cutting under permit on designated bogs; and if he will make a statement on the matter. [24116/08]

There are no plans to allow commercial turf cutting on designated bogs.

Water Quality.

Sean Sherlock

Question:

192 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the reason Youghal beach in County Cork failed to meet the EU Bathing Water Directive 76/4160/EEC; the measures being taken to counter the reason for this failure; and if he will make a statement on the matter. [24124/08]

Statutory responsibility for the protection and improvement of bathing water quality is assigned primarily to local authorities acting under the general supervision of the Environmental Protection Agency (EPA).

The 2007 EPA Report on Bathing Water Quality indicated that Youghal strand failed to meet the required standard because of the presence of faecal coliforms in excess of the limit laid down in the Bathing Water Regulations. I understand that the breach of the standard occurred on 17 July 2007 following a period of wet weather. Follow-up sampling was carried out on 23 July 2007 and the results were clear. The unusually high rainfall last summer appears to have been a factor in the failure of certain bathing areas to achieve the required standards.

Under my Department's Water Services Investment Programme, Youghal — together with nearby Claycastle — will be incorporated into the Youghal sewerage scheme at an estimated cost of €14.42 million.

Public Sector Remuneration.

Ciaran Lynch

Question:

193 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the plans he has for councillors to receive pro rata service increments in line with similar awards made to Senators on whom the allowance is based; and if he will make a statement on the matter. [24127/08]

The Representational Payment (RP) for councillors was introduced with effect from 1 January 2002 and was the first ever such recognition of councillors' service and commitment to their communities. Under the Local Government (Representational Payment for Members) Regulations, 2001 (S.I. No. 552 of 2001), the RP for county and city councillors is specifically related to the basic amount of a senator's salary and is currently €17,175 per annum. As such, there is no linkage to the long service increments payable to senators, who accrue the necessary service. While I have no proposals to amend the current situation in regard to the RP, I should point out that all councillors have benefited from the recent review of the financial supports payable to them. The review resulted in significant improvements in these supports, all of which took effect from 1 January 2007.

Special Areas of Conservation.

Frank Feighan

Question:

194 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government his views on having his Department review the boundaries of the bogland currently included in special areas of conservation and national heritage areas as a measure to alleviate the distress caused to private individuals who have for generations cut small amounts of turf for their own use on the margins of these areas; and if he will engage with the representatives of these people in view of the crisis in price and supply of other fuels. [24157/08]

The boundaries of the Special Areas of Conservation were transmitted to the European Commission in 2004 and are not now open to review by my Department. Prior to this, extensive discussions were held with representative farming organisations. My Department operates a bog purchase scheme where turf-cutters are required to cease cutting in such designated areas.

Frank Feighan

Question:

195 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the reason Ireland opted for 12% to 14% of land for inclusion in special areas of conservation and national heritage areas when only 1% was requested. [24158/08]

Some 14% of Ireland's land area is designated either as a Special Area of Conservation, Special Protection Area or Natural Heritage Area. I am not aware of the source or context of the 1% area referred to in the question.

Frank Feighan

Question:

196 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government when the valuation compensation of circa €3000 per acre for purchase of special areas of conservation and national heritage areas by the State will be brought in line with proper market values in view of the fact that the price of forestry land is at least double that amount. [24160/08]

There are no proposals to increase the rates paid under the present scheme.

Water and Sewerage Schemes.

Michael Ring

Question:

197 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when funding will be provided for a sewerage scheme (details supplied) in County Mayo. [24170/08]

A sewerage scheme to serve Binghamstown was forty-sixth on the list of water and sewerage schemes submitted by Mayo County Council in response to my Department's request to all local authorities in 2006 to undertake assessments of needs for capital works in their areas and to prioritise their proposals on the basis of these assessments. These assessments were taken into account in preparing the Water Services Investment Programme 2007 -2009. However, given the level of competing demands for the available funding, and the priorities identified by the elected members of Mayo County Council, it was not possible to include the Binghamstown scheme in the current Programme.

Michael Ring

Question:

198 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when funding will be approved for a sewerage scheme (details supplied) in County Mayo; the position of same; if funding has been approved to date; the estimated cost of the project; and if he will make a statement on the matter. [24171/08]

The combined Belmullet and Foxford Sewerage Scheme is included in my Department's Water Services Investment Programme 2007-2009 as a scheme to start construction in 2009 at an estimated cost of €21.42m.

My Department has approved Mayo County Council's Preliminary Reports for the scheme. The Council's brief for the appointment of consultants to prepare Tender Documents for the waste water treatment plants is being examined in the Department and is being dealt with as quickly as possible. Contract Documents for the collection networks are awaited from the Council.

Waste Management.

Paul Nicholas Gogarty

Question:

199 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the amount of waste produced here by sector; and if he will make a statement on the matter. [24175/08]

Paul Nicholas Gogarty

Question:

200 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the way domestic and industrial waste is minimised, recycled and disposed of here; the breakdown on a percentage basis of the way it is disposed of or stored; and if he will make a statement on the matter. [24176/08]

I propose to take Questions Nos. 199 and 200 together.

National waste statistics for all waste streams are published by the Environmental Protection Agency (EPA) with the most recent National Waste Report being in respect of the year 2006. This report is available on the Agency's website: www.epa.ie

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

To assist the process of ensuring that our waste management system can act in support of these objectives my Department has initiated a major review of waste management policy as set out in the Programme for Government. The review will chart a new way forward. Given the need to accelerate movement away from landfill quite dramatically, we need to examine all the technologies that can contribute to optimising our environmental performance in relation to waste. The review will be designed, in addition, to support the necessary legal, institutional and policy framework to achieve international best practice in the management of our waste. If the outcome of the review indicates a need for significant legislative changes I will bring the necessary proposals to Government in this regard.

Paul Nicholas Gogarty

Question:

201 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the nature of a meeting held in 2007 with representatives of a company (details supplied) applying for an incinerator at Rathcoole, County Dublin; the details of what was discussed; if undertakings were given to the company concerned; and if he will make a statement on the matter. [24178/08]

Under the Waste Management Acts statutory responsibility for the making of regional waste management plans, which includes determinations in regard to the waste management infrastructure appropriate to each region, rests with the local authority (or local authorities) concerned and my Department has no function in this regard.

The proposed development in question is by a private company and my Department has no function in relation to this facility which it is understood will be the subject of an application to An Bord Pleanála for planning permission under the Planning and Development (Strategic Infrastructure) Act 2006. Under the Planning and Development Acts the Minister is specifically precluded from involvement in a matter for which the Board has statutory responsibility.

My Department and I hold regular consultations with stakeholders in the context of the ongoing implementation of Government policy on waste management. Consulting widely, with a range of stakeholders, is designed to ensure that my Department and I have as full as possible an understanding of the issues and concerns of stakeholders and are therefore in a position to address them, where it is possible and appropriate to do so. Such consultations are also useful to assist me and my Department in keeping up to date on alternative technologies to landfill and to traditional incineration. In July 2007 I met with an environmental consultant acting on behalf of the proposers of the project. The purpose of this meeting, and of a separate meeting with my Department, was to outline a form of thermal treatment of waste which, it is suggested, differs from conventional municipal waste incineration. There was, of course, no question of these discussions comprehending matters proper to the physical planning or environmental licensing processes from which I, and my Department, are precluded from involvement.

The Programme for Government clearly sets out the approach to waste management that will be reflected in national policy in the years ahead. It is firmly grounded in a continuing commitment to the waste hierarchy with a renewed drive towards the achievement of international best practice in the reduction, re-use and recycling of our waste. This, coupled with an increasing emphasis on technologies for the mechanical and biological treatment of waste, will significantly reduce potential reliance on landfill and incineration.

Recycling Policy.

Paul Nicholas Gogarty

Question:

202 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government his policy and future policy objectives in the programme for Government regarding the preferred methods of reducing, recycling and disposing of waste including new technologies such as MBT; the timeframe for any change in existing policy; and if he will make a statement on the matter. [24179/08]

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

To assist the process of ensuring that our waste management system can act in support of these objectives my Department has initiated the major review of waste management policy foreseen in the Government's policy programme and this will get underway shortly. This will be designed to support the necessary legal, institutional and policy framework to achieve international best practice in the management of our waste. The terms of reference require that the review be concluded as soon as possible and no later than within one year.

Electoral Boundaries.

Denis Naughten

Question:

203 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the plans he has to implement the Constituency Commission report; his views on requesting the commission to review its decision with amended terms of reference; the timetable involved; and if he will make a statement on the matter. [24234/08]

On 30 January 2008, the Government approved the drafting of the Electoral (Amendment) Bill 2008 which will provide for the revision of Dáil and European Parliament constituencies in accordance with the recommendations of the report of the Constituency Commission which was presented to the Ceann Comhairle in October 2007.

The Bill will also provide for the establishment of future Constituency Commissions on publication by CSO of the preliminary results in respect of a census of population and for the work of a Commission to be completed following publication of final population data relating to the relevant census. The Bill is included in the Government's Legislative Programme for publication in the current session.

Local Authority Housing.

Willie Penrose

Question:

204 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government when a decision will be made regarding an application by Westmeath County Council for finance to enable a remedial works scheme to proceed at an estate (details supplied) in County Westmeath; if he will take steps to have this application processed without delay; and if he will make a statement on the matter. [24244/08]

In December 2005, Westmeath County Council received approval in principle to refurbish seven housing estates in the county, including Dalton Park in Mullingar, under the Remedial Works Scheme. In April 2008, the Council submitted proposals for a remedial works scheme on the estate. My Department is currently considering these proposals and a response will issue shortly.

Willie Penrose

Question:

205 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the position regarding the application under the remedial works scheme by Westmeath County Council to affect the refurbishment of houses (details supplied) in County Westmeath, and in particular, in view of the success of the initial phase of the scheme, if he will ensure that the necessary finance is provided in order to ensure that the other phases of the scheme will proceed without further delay, as the residents have been waiting for a considerable period of time to have these houses, which were erected in the seventies, refurbished in an appropriate fashion; and if he will make a statement on the matter. [24245/08]

A proposal to extend the pilot phase of the Ennell Court Remedial Works Scheme was received by my Department in March 2007. The proposal, however, did not address a number of issues that arose in the pilot phase and did not meet with public procurement policy. A letter to that effect issued from my Department in April 2007.

At the end of April 2008, my Department received a revised proposal from the Council, and, following its consideration, a request for additional information on the proposal was made to the Council at the end of May 2008. This information is still outstanding.

Budget costs for the next phase have not yet been approved. The Council has already received funding of €1.1 million for the pilot phase of the scheme.

Radio Broadcasting.

Finian McGrath

Question:

206 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if a business (details supplied) will be assisted. [24104/08]

The Broadcasting Bill 2008, which is currently before the Seanad, proposes a number of additional measures designed to support the community radio sector in Ireland including:

Setting the proposed broadcasting regulator, the Broadcasting Authority of Ireland (BAI), the explicit objective of stimulating the provision of high quality, diverse and innovative programming by community broadcasters;

Establishing community radio contracts as a separate category of broadcasting contract;

Empowering the BAI to award temporary contracts for up to 100 days to community radio broadcasters, with a view to developing the community radio sector in Ireland; and

Re-stating and amending the provisions of the Broadcasting (Funding) Act 2003, to permit the funding of Irish language programming by community radio broadcasters outside of peak listening periods.

I believe that these steps will assist in facilitating development of the community radio sector in Ireland.

Grant Payments.

Paul Kehoe

Question:

207 Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources when a grant under the greener homes will be paid to a person (details supplied), and if he will make a statement on the matter. [24186/08]

Sustainable Energy Ireland have advised me that the applicant to whom the Deputy refers did receive a letter of offer for grant aid under the Greener Homes Scheme on the 1st of December 2006, and a reminder of same in August 2007. The offer was revoked on the 21st of December 2007, as the letter of offer lapsed after one year, as set out under the terms of the scheme. A request for payment was received at a later stage and still reviewed for payment but, as the invoice for work predated the original letter of offer by a month, the applicant was not eligible for payment under the rules of the scheme. The applicant was informed of this earlier this year.

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