Vol. 664 No. 1
1 Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of contractual workers laid off on a county basis in an organisation (details supplied); and when these persons who were laid off were initially taken on. [35193/08]
The employment of contractual workers is a day-to-day operational matter for FÁS.
2 Deputy Paul Connaughton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has plans to allow persons who have completed their term on community employment schemes, who are reaching their 60th birthday and who have no hope of getting other employment, to participate in further community employment schemes until they reach their pension age; and if she will make a statement on the matter. [35213/08]
Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis.
To cater for older workers in particular, in November 2004 I revised the 3 year CE capping to allow those of 55 years of age and over to avail of a 6-year period on CE (based on participation since 3rd April, 2000). These measures were introduced in recognition of the fact that older participants may find it more difficult to progress into the open labour market.
Participation on Community Employment has an upper age limit of 65 years of age, i.e. a CE participant/Supervisor can remain on CE until the day before their 66th birthday, provided they meet all other eligibility requirements. FÁS cannot make funding available to a Sponsor for any participant or Supervisor aged 66 years or over. To do so would mean that the state would effectively be double-funding both the CE place and the participant's state pension simultaneously.
The aim of CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. FÁS makes every effort to ensure that differing levels of demand between neighbouring schemes are equalised. FÁS also operates the programme flexibly as far as possible to ensure the continuation of community projects.
For a person to be considered for re-entry to Community Employment 12 months need to have elapsed since any previous participation and he/she must have been on the Live Register for that 12 month period. This is entirely subject to the availability of places, local demand and equity of opportunity to eligible long term unemployed people.
In conclusion then, I would say that this Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. In this regard, we are keeping the operation of the Scheme under constant review.
3 Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason a person (details supplied) in Dublin 7 was refused a work permit; and if she will make a statement on the matter. [35220/08]
The Employment Permits Section of my Department informs me that a renewal permit has now issued in this case.
4 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a person (details supplied) in Dublin 3. [35275/08]
The Employment Permits Section of my Department informs me that there is no current valid application made on behalf of the above named person. However, if the above named wishes to submit an application it will be considered on its merits.
5 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will confirm that persons appointed to positions under the Consumer Protection Act 2007, the Personal Injuries Assessment Board Act 2003, the Industrial Development (Science Foundation Ireland) Act 2003 and the Communications Regulation Act 2002 were appointed in accordance with the regulations set out in those Acts; and if she will make a statement on the matter. [35292/08]
The Consumer Protection Act 2007
The Consumer Protection Act 2007 provides that the National Consumer Agency shall consist of a chairperson and 12 ordinary members. Since its establishment on a statutory basis on the 1st May 2007, all appointments to the Board of the National Consumer Agency have been undertaken by the Minister for Enterprise, Trade and Employment in strict accordance with the legislative provisions of Sections 10 and 11 of the Consumer Protection Act 2007. Section 14 of the Act provides that the Agency shall appoint a Chief Executive with the approval of the Minister.
I am satisfied that all the appointments made under the Consumer Protection Act, 2007, have been made in accordance with the requirements laid down in the Act.
Personal Injuries Assessment Board Act, 2003
Since its establishment in June 2004, all appointments to the Personal Injuries Assessment Board including the CEO, Chairperson and Members, have been undertaken by the Minister for Enterprise, Trade and Employment in strict accordance with the legislative provisions of Sections 56-59 of the Personal Injuries Assessment Board Act 2003. I am satisfied that these appointments have been made in accordance with the provisions of the legislation.
Industrial Development (Science Foundation Ireland) Act 2003
Since its establishment on a statutory basis in July 2003 all appointments to the Board of Science Foundation Ireland have been undertaken by the Minister for Enterprise, Trade and Employment in strict accordance with the legislative provisions of Sections 8 to 10 inclusive of the Industrial Development (Science Foundation Ireland) Act 2003 and, where applicable, with the consent of the Minister for Finance and following consultation with the Minister for Education and Science.
The Communications Regulation Act, 2002
The Communications Regulation Act, 2002 is not the responsibility of my Department.
6 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that CB6 biocylce units were being sold without correct NSAI/IAB certification, that such units have been installed in homes here and that householders who have installed these units have not been informed that their units are not compliant; the action she will take on the matter; and if she will make a statement on the matter. [35298/08]
I assume that the Deputy is referring to domestic wastewater treatment systems.
I understand that National Standards Authority of Ireland/ Irish Agreement Board (NSAI/IAB) certification is a voluntary, not mandatory, certification process that may be applied to innovative products within the construction sector. This certification is identified within the National Building Regulations as one of a number of methods of demonstrating compliance with the requirement of the Regulations that materials are fit for the use for which they are intended and for the conditions in which they are to be used. These wastewater systems are monitored by the Local Authorities through their enforcement of the Building Regulations. The NSAI has no role in the enforcement of these Regulations.
The NSAI has advised me that on 16 July this year it received a complaint regarding IAB certification of one of these systems sold to a member of the public by a particular company. The matter was raised by the IAB during a previously planned audit of this company on 17 July 2008. The IAB then formally wrote to the company concerned on 22 July instructing them to remove all inappropriate references to IAB certification from their website. I understand that the company complied with this request. Subsequently on 8 August 2008 the IAB placed a notice on the NSAI website informing the public of recent incidents involving the misuse of IAB certification concerning wastewater treatment systems. The notice informed the public that products not conforming to the conditions of certification should not be advertised, sold or marked as IAB certified. I understand that contacts between the NSAI and the company concerned are continuing.
I understand that a separate complaint was made to the National Consumer Agency and is being investigated. As the matter is under ongoing investigation by the Agency I cannot comment further on the matter.
7 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her view on the industrial relations dispute at Aer Lingus; if she will intervene; and if she will make a statement on the matter. [35303/08]
The Government very much regrets that Aer Lingus has found itself compelled to consider radical measures in order to remain competitive in the environment in which it is operating. The context in which these developments arise is primarily one of rapid change in the international aviation and wider transport sector. It underlines once again the severity of the challenges being faced across our economy. Obviously, as Minister of State with responsibility for Labour Affairs, I am concerned for employees who feel their jobs may be under threat by what has been proposed.
The industrial relations machinery of the State is, of course, available to provide any possible assistance in resolving the challenges now faced by the management and employees. In this context, I am pleased to note that all sides are co-operating with a process under the chairmanship of the Director of Conciliation of the Labour Relations Commission.
8 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the legal protection that exists for employees who agree to transfer from one employer to another under the transfer of undertakings; and if she will make a statement on the matter. [35304/08]
The current Irish law in the area of "transfer of undertakings" is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 — Statutory Instrument (S.I.) No. 131 of 2003. The Regulations implement the mandatory (i.e. mandatory to transpose) provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Also, a further provision of the European Directive (a provision relating to the information to be provided by the original employer to the new employer) was transposed into Irish law by Section 21 of the Employees (Provision of Information and Consultation) Act 2006.
The Regulations provide that all the rights and obligations of an employer arising from a contract of employment (including terms inserted by collective agreements) other than pension rights, existing on the date of a transfer, are transferred to the new employer on the transfer of the business or part thereof.
Another provision of the Regulations is that both the outgoing and incoming employers are obliged to inform their respective employees' representatives of, inter alia, the date or proposed date of the transfer, the reasons for the transfer and the legal, social and economic implications of the transfer for the employees. Where there are no representatives, employers must arrange for the employees to choose representatives for this purpose.
Under the Regulations, an employee may take a case to a Rights Commissioner or (on appeal) to the Employment Appeals Tribunal if the employee considers that an infringement of rights has occurred.
It is a matter for a Rights Commissioner or (on appeal) the Employment Appeals Tribunal to interpret the provisions of the Regulations and a legal interpretation would only be given if an employee took a case to a Rights Commissioner under the Regulations.
9 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if she will make a statement on the matter. [35506/08]
The question of where individual investments are made by the Agencies coming under the remit of my Department is a day-to-day matter for the Agencies concerned and would not be a matter over which I exercise any functions. Nonetheless, I understand that none of my Department's Agencies has any investments in Icelandic financial products.
10 Deputy Ciarán Lynch asked the Minister for Finance if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35195/08]
In response to the Deputy's question none of the bodies under the remit of my Department have funds invested in Icelandic financial products.
11 Deputy Pat Breen asked the Minister for Finance further to Parliamentary Question No. 143 of 2 July 2008, if progress has been made in agreeing an alternative scheme to replace the fuel excise refund scheme for bus transport operators which is due to terminate on 31 October 2008; and if he will make a statement on the matter. [35208/08]
As the Deputy is aware, the fuel duty rebate is to be withdrawn with effect from 1 November 2008 following the ending of a special derogation under the EU Energy Tax Directive 2003. A similar situation affects all Member States who had derogations under the Directive. The Department of Transport and other relevant Departments, in conjunction with my Department, have examined and considered options at length. As I indicated in my answer to your July question this has not been a straightforward matter. In the end, it was not found feasible to introduce an alternative non-tax scheme on a cost-neutral basis and within EU rules.
12 Deputy Enda Kenny asked the Minister for Finance his views on the development of a strategic development zone in the area of Ireland West Airport, Knock; if he has received an application for consideration of tax allowances in respect of eco friendly developments subject to strict conditions; if his attention has been drawn to the potential that exists arising from same in this locality; and if he will make a statement on the matter. [35251/08]
Under Part IX of the Planning and Development Act 2000, the Government may by Order, on foot of a proposal from the Minister for the Environment, Heritage and Local Government, designate a site or sites as a Strategic Development Zone (SDZ) to facilitate development which is considered, in the Government's opinion, to be of economic or social importance to the State. I understand that initial discussions have taken place between officials from the Department of the Environment, Heritage and Local Government and representatives from Mayo County Council and Ireland West Airport to explore the scope for such a designation.
My Department has recently received a proposal for a tax incentive scheme in relation to an Eco-Business & Renewable Energy Park beside Ireland West Airport, Knock. The Deputy will be aware that following a major review of various property and area based tax incentive schemes it was announced in Budget 2006 that most of the existing reliefs either had achieved the objectives set for them or were no longer considered to be cost effective in terms of the objectives set for them and were therefore terminated subject to certain transitional provisions.
The role that time-limited tax relief schemes can play in supporting public policy objectives is assessed continually in the formulation of tax policy.
13 Deputy Ciarán Lynch asked the Minister for Finance if he will confirm that persons appointed to positions under the Public Service Management (Recruitment and Appointments) Act 2004 and the Central Bank and Financial Services Authority of Ireland Act 2004 were appointed in accordance with the regulations set out in these Acts; and if he will make a statement on the matter. [35296/08]
In response to the Deputy's question the persons appointed under the Public Services Management (Recruitment and Appointments) Act 2004 and the Central Bank and Financial Services Authority of Ireland Act 2004 were appointed in accordance with the relevant statutory provisions outlined in the Acts.
14 Deputy Leo Varadkar asked the Minister for Finance if, in view of his reply to Parliamentary Question No. 208 of 7 October 2008, he has sought assurances from the banks that asset to liability values as published in the end of 2007 accounts accurately reflect the current asset to liability in October 2008; if he sought such an assurance before agreeing to provide a guarantee to the banks; and if he will make a statement on the matter. [35305/08]
The figure referred to by the Deputy was compiled on the basis of published audited annual financial statements for the institutions concerned for 2007. The relevant figures for covered liabilities are now being updated for end-September 2008 in the context of the guarantee charging model included in the draft Scheme laid before both Houses of the Oireachtas on 15th October 2008. In relation to asset figures for the institutions concerned, in addition to standard company law reporting obligations to publish audited accounts and those arising under the Building Societies Acts as well as disclosure requirements which apply to public limited companies under Stock Exchange rules, under paragraph 24 of the Scheme a covered institution shall submit such reports as are requested by the Regulatory Authority on behalf of the Minister which the Regulatory Authority considers are necessary to monitor compliance with the terms and conditions of the Scheme and the achievement of the purposes of the Act of 2008. These reports will address liquidity requirements, capital ratios, asset quality, risk exposures and funding costs. As the Deputy will be aware the guarantee provided by the Government relates to certain liabilities of covered institutions as set out at paragraph 10 of the Scheme which will be published in aggregate quarterly in Iris Oifigiúil.
15 Deputy Joe McHugh asked the Minister for Health and Children the number of women in County Donegal who have been called for appointments under the BreastCheck programme to date; and if she will make a statement on the matter. [35196/08]
The Deputy's specific question in relation to BreastCheck in County Donegal is the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy in relation to the matter raised.
16 Deputy Olivia Mitchell asked the Minister for Health and Children the reason people hiring equipment from the Health Service Executive have not been refunded for months; if his attention has been drawn to the fact that many people are out of pocket and suffering hardship as the result of the stopping of all refund payments; if she will pay out a portion of the money due to alleviate hardship being caused by this dispute; and if she will make a statement on the matter. [35201/08]
As the Health Service Executive has the operational and funding responsibility for Primary Care Services, 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.
17 Deputy Tom Hayes asked the Minister for Health and Children if the grandfather clause has been eliminated from the legislation ratifying the Hague Convention; if she will re-consider eliminating it; if bilateral agreements are in the process of being drawn up as soon as possible to deal with couples wanting to adopt from countries not ratifying the convention; and if she will make a statement on the matter. [35202/08]
The purpose of ratifying the Hague Convention is to protect children in the process of adoption. It is the intention that the proposed adoption legislation will ensure all intercountry adoptions meet standards of the Convention either through ratification of the Convention or through bilateral agreements which meet the standards of the Hague Convention.
After giving the matter detailed consideration during the drafting process, I have decided not to include a ‘grandfather clause' in the Adoption Bill, 2008. I am concerned that such a provision would result in a considerable dilution of the intent of the legislation in the short and medium term. My priority is to conclude bilateral agreements in those non-Hague countries which Ireland has a tradition of adopting from, where this is possible. My officials are working with the Department of Foreign Affairs on this basis.
Where bilateral agreements have not been completed prior to commencement every effort will be made to manage cases that may arise acting in the best interests of the children involved. Information on progress on the proposed Bill and the changes contained within it will be made available to applicants over the period prior to commencement to minimise the number of cases and to ensure the best possible management of such cases where they arise. My officials, and officials from the Adoption Board are working to ensure an orderly transition to the new arrangements as well as working proactively to minimise the impact on families who hope to adopt from countries which have not yet ratified the Convention. I would like to assure the Deputy of my attention to this issue.
18 Deputy Ciarán Lynch asked the Minister for Health and Children the status of a claim for repayment under the long-term care scheme in respect of a person (details supplied) in County Cork; if a date has been set for an oral hearing; and if she will make a statement on the matter. [35207/08]
The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006.
The Health Repayment Scheme Appeals Office has advised my Department that the claimant referred to by the Deputy lodged an appeal form with the Health Repayment Scheme Appeals Office on 21 April 2008 and lodged an oral hearing form on 30 April 2008. An oral hearing will be arranged for the claimant in Cork.
When the Appeals Officer has made a determination on this appeal he/she will write to the claimant and will provide the claimant with the reasons for the decision.
19 Deputy Bobby Aylward asked the Minister for Health and Children the reason for the delay in having the national breast screening programme extended to Waterford; and when this service is expected to be available. [35219/08]
The Deputy's specific question in relation to the roll out of BreastCheck to County Waterford is the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy in relation to the matter raised.
20 Deputy Joe Costello asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [35222/08]
I was not aware of this particular case and I sympathise with the person concerned.
My Department has requested the Parliamentary Affairs Division of the Health Service Executive, as the appropriate body to arrange to have the case investigated as a matter of urgency and to have a reply issued directly to the Deputy.
21 Deputy Tom Hayes asked the Minister for Health and Children her views on the compliance rates with hand-hygiene policy regarding MRSA in hospitals here which her Department informed this Deputy is estimated at 60% to 70%; the policy being undertaken in her Department specifically, and in the Heath Service Executive to improve this; and her views on same in the context of two infants becoming infected here in recent weeks while in hospital. [35227/08]
Achieving and maintaining the highest possible standards of hygiene in our hospitals and healthcare facilities generally is a priority for this Government and for the Health Service Executive (HSE). Hygiene and infection control measures are key to the prevention of the spread of Health Care Associated Infections in our hospital system.
Hand hygiene surveys were carried out recently in HSE funded acute hospitals. Audit results are available in respect of approximately 60% of the hospitals participating in the survey. Of those, 50% or 15 hospitals achieved a compliance rate of 70% or more in relation to hand hygiene. The HSE Infection Control Steering Group has now tasked every hospital in the HSE to undertake audits of hand hygiene in every clinical area in their institution by the end of 2008. The Steering Group has indicated that it intends to introduce a mandatory scheme of hand hygiene audits in 2009, the results of which are expected to be published at the end of that year and thereafter on an annual basis.
Further data collected by the Health Protection Surveillance Centre in its national surveillance system on HCAIs, show that there was a statistically significant (43%) increase in the median rate of alcohol hand gel usage between 2006 and 2007. The overall level of alcohol hand gel usage is similar to levels reported from successful hand hygiene campaigns internationally.
The Health Information and Quality Authority (HIQA) which is the statutory body responsible for independently setting and monitoring healthcare standards generally undertook a comprehensive review of hygiene in our acute hospitals in 2007 and published its report last November. This review was based on hygiene standards which were accredited by the International Society for Quality in Healthcare. The report represents a thorough assessment of how hygiene services are provided and managed in 51 HSE-funded acute care hospitals. During 2008, HIQA followed up on this review to ensure that deficits identified during that process were being rectified and the Authority has already commenced a further national review last month. In addition, HIQA is due to publish Infection Prevention and Control Standards later this year. These standards are consistent with international best practice. When finalised, these, along with the National Hygiene Standards, will provide a comprehensive framework to control infection in all healthcare settings.
22 Deputy Tom Hayes asked the Minister for Health and Children the reason she stated in a reply to Parliamentary Question No. 316 on 30 September 2008 that the newborn screening programme for cystic fibrosis was going ahead in 2008 in view of the fact that the relevant reply from the Health Service Executive says that the HSE are looking for funding for this programme for 2009; if her attention has been drawn to this change of date for this essential programme; her views on the length of time it has taken for this programme to be implemented; and if she will make a statement on the matter. [35228/08]
I advised the Deputy in my reply of 30th September that the Health Service Executive Service Plan for 2008 included provision for the implementation of a plan for screening newborns for cystic fibrosis and commencement of screening by the end of 2008.
My Department is now advised that it will not be possible to commence the screening programme as planned in 2008. The position will require to be reviewed in the context of the total level of funding available to the HSE in 2009.
23 Deputy Edward O’Keeffe asked the Minister for Health and Children the reason specific type accommodation is not included in the long stay repayment scheme; and if her attention has been drawn to the case of a person (details supplied) in County Cork. [35261/08]
The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive.
My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.
24 Deputy Finian McGrath asked the Minister for Health and Children if he will support a person (details supplied) in Dublin 5. [35273/08]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
25 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [35274/08]
The Deputy raised a question regarding the same case in September. At that time I advised that the matter had been referred to the Parliamentary Affairs Division of the Health Service Executive (HSE) for direct reply to the Deputy, as the question related to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004.
I understand that the HSE replied to the Deputy on 23rd September last. However, I have requested the Parliamentary Affairs Division of the Executive to provide a further update directly to the Deputy.
26 Deputy Finian McGrath asked the Minister for Health and Children if she will support a case (details supplied). [35276/08]
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.
27 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [35277/08]
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.
28 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 327 of 8 July 2008, the position regarding the issue of interest owing to long stay patients and the recommendations and conclusion as a result of these meetings; the estimate of the value of interest which is owed to patients; when repayment will commence: the cost of the administration of this repayment programme; and if she will make a statement on the matter. [35282/08]
The Department has been advised by the Health Service Executive (HSE) that it is progressing with the task of transferring past interest retained on invested patient private property accounts and a process to undertake this transfer, initially for the period 2005-2006 has been agreed. The HSE has advised that the issue of tax liability for clients in receipt of such payments has now been clarified by the Revenue Commissioners and that the refund will not give rise to any tax implications for either the individual client or the HSE.
The HSE advises that initial testing of the computer programme to calculate payments to clients is now complete and that the validation of data on details of clients and their patient private property account balances for the first planned tranche of payments is also complete.
The HSE also advises that the final proposal on the process and rules around making payments is currently being completed. Proposals on a number of key issues have been considered including, dealing with very small payment amounts, situations where it is not possible to locate the person entitled to receive the payment and situations where complete information is not available. Final agreement on these processes will then allow for an estimation of the overall cost of administering the refund process.
The overall estimate for total refund of interest remains as previously advised, approximately €31m or approximately €48m when adjusted for inflation by reference to the Consumer Price Index.
29 Deputy Jan O’Sullivan asked the Minister for Health and Children when Revenue funding will be provided to open two residential centres (details supplied) in County Limerick for persons with disabilities; and if she will make a statement on the matter. [35283/08]
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 matter investigated and to have a reply issued directly to the Deputy.
30 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange for a person (details supplied) in County Cork to be admitted to hospital for a procedure or if she will refer them to the National Treatment Purchase Fund. [35287/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Patients waiting more than three months on a surgical waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.
31 Deputy Frank Feighan asked the Minister for Health and Children the position regarding the moneys put in place for a development (details supplied); the progress made on this development to date; and when it is expected to come to fruition. [35301/08]
Under the Health Act 2004, the management and delivery of health and personal social services is the responsibility of the Health Service Executive. This includes operational responsibility for the establishment of Primary Care Teams and Primary Care Centres. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
32 Deputy Leo Varadkar asked the Minister for Health and Children the options available from her Department or its agencies for preschools in respect of children with autism or autistic spectrum disorder; and if she will make a statement on the matter. [35308/08]
The provision of pre-school facilities for children with intellectual disabilities is primarily a matter for the Department of Education and Science. That Department provides some pre-school provision for children with special educational needs through the visiting teacher service and, more recently, through the expansion of the home tuition scheme to provide funding for home programmes for pre-school children on the autistic spectrum. In addition, the Department of Education and Science funds a number of early intervention classes for children with autism, with these classes attached to mainstream schools.
33 Deputy Leo Varadkar asked the Minister for Health and Children the action she is taking to address the issue of head shops selling BZP, cannabis seeds, smilers, jokers and other psychotropic products in retail outlets and on-line; and if she will make a statement on the matter. [35309/08]
I am aware that a range of substances often referred to by the generic term "legal highs", which mimic or cause effects similar to illicit substances, are available and are not currently scheduled under Misuse of Drugs legislation. As "legal highs" are not controlled substances, there is no basis at present to prevent their advertisement and sale in "head shops" or on-line. While the cultivation of cannabis itself is prohibited, except under licence for the purposes of research, the sale of cannabis seeds as novelty items is not prohibited.
The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions or where there is evidence that the substances are causing significant harm to public health in Ireland, which could merit the criminalisation of their sale and use.
The list of scheduled substances is kept under review on an ongoing basis. In particular, my Department reviews any evidence that substances are being abused and are causing significant harm to public health. For example, in 2006 psychotropic (magic) mushrooms were brought under control and their possession and sale are now an offence. Furthermore, following the European Council of Ministers' decision in March 2008 to bring Benzylpiperazine (BZP) under control, which was deemed to pose an excessive risk as a party pill, my Department will be introducing regulations to restrict the availability of BZP.
34 Deputy Leo Varadkar asked the Minister for Health and Children the legal situation regarding the retention of organs by pathologists without the consent of the next of kin and their subsequent sale by hospitals; and if she will make a statement on the matter. [35310/08]
35 Deputy Leo Varadkar asked the Minister for Health and Children when she will introduce legislation with regard to consent for the retention of organs by pathologists and hospitals; and if she will make a statement on the matter. [35311/08]
I propose to take Questions Nos. 34 and 35 together.
The Deputy may be referring to the supply of pituitary glands by hospitals to pharmaceutical companies for the production of human growth hormone between 1976 and 1988. Dr. Deirdre Madden, a distinguished expert on medical law, was appointed by Government in May 2005 to provide a report on key issues in paediatric post mortem practice and procedures, including the issue raised by the Deputy. Dr. Madden addressed the matter in detail in Chapter 6 of her report (the Madden Report) and concluded that "These glands were consistently taken at post-mortem examination without any specific consent of parents or next-of-kin and without any statutory regime in place for so doing." In relation to the question of payment she stated that "The payment made was modest and was not a payment for the pituitary gland itself but for the additional work required in its recovery and storage, pending delivery to the pharmaceutical companies concerned." The Madden Report recommended that:
1. No human organs removed from a deceased child at post-mortem examination should be supplied by hospitals to any pharmaceutical company or other third party without the knowledge and authorisation of the parents.
2. Where such organs are supplied, arrangements should be clearly approved by hospital management and documented, and all information supplied to the parents on request.
3. The use of human organs derived from post-mortem examinations should be regulated by law.
On 23 September last, the Government approved the preparation of the General Scheme and Heads of a Human Tissue Bill to regulate post-mortem examination, including the removal, retention, storage, use and disposal of tissue; anatomical examination; public display; import/export of human tissue from deceased donors and consent for the use of donated tissue from living and deceased persons for the purpose of transplantation and research. It is also proposed that the legislation will prohibit the commercialisation of human tissue from living and deceased donors for transplantation.
The proposed legislation will address hospital post-mortems, which are voluntary procedures, as distinct from coroners' post-mortems which are part of the legal process of determining the cause of death and which come within the ambit of the Coroners Act 1962. The legislation will take account of the recommendations made in the Madden Report and consent/authorisation will be the defining principle underpinning any of the specified activities involving human tissue.
36 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when provision will be made for speech and language services and occupational therapy services in a school (details supplied) in County Kildare which is in need of same; and if she will make a statement on the matter. [35324/08]
The Deputy's question relates to the management and delivery of health and personal social services, which under the Health Act, 2004 are the responsibility of the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
37 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason a full medical card has been withdrawn in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35325/08]
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.
38 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35326/08]
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.
39 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35327/08]
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.
40 Deputy Joe McHugh asked the Minister for Health and Children if she will make a statement on the outsourcing of smear testing to the USA; if she will explain the cervical screening programme plan to initially limit colposcopy treatment to 11 centres; and if she will assure the colposcopy team and people of County Donegal that the colposcopy service at Letterkenny General Hospital will remain permanently; and if she will make a statement on the matter. [35360/08]
In June 2008 the National Cancer Screening Service (NCSS) awarded the contract for cytology laboratory testing for the national cervical screening programme to Quest Diagnostics. Quest Diagnostics successfully met all the required criteria set out under the procurement process which was open to local and international laboratories. Quest Diagnostics was previously contracted by the Health Service Executive (HSE) to clear significant backlogs of smear tests in the Irish system.
Colposcopy services are an integral part of a population based screening programme. Women who have pre-cancerous cell changes detected by their smear test are referred for colposcopy. The NCSS is making a significant investment to enhance colposcopy services. This will ensure timely access to a quality assured colposcopy service for women who require further investigation.
It is important to ensure that as part of CervicalCheck, women can access colposcopy services within international best practice timeframes, based on adherence to quality assured clinical practice and the achievement of best clinical outcomes for women.
The NCSS has identified 11 colposcopy services to support CervicalCheck initially. The colposcopy service at Letterkenny General Hospital (LGH) has not been identified for initial referrals of women. However, in the interim LGH will continue to provide colposcopy services to women already attending or awaiting colposcopy.
The provision of additional colposcopy services to women in the North West is being examined. The colposcopy service at LGH requires a number of enhancements to meet the quality assurance standards defined by the NCSS. The NCSS is working with LGH and the question of the hospital's future participation in the colposcopy service for CervicalCheck will be considered in this context. Discussions between the hospital and the NCSS are due to take place this week.
41 Deputy Olwyn Enright asked the Minister for Health and Children the amount of money that was ring-fenced in 2008 for rape crisis centres; and if she will make a statement on the matter. [35368/08]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
42 Deputy Ciarán Lynch asked the Minister for Health and Children if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if she will make a statement on the matter. [35508/08]
The Public Bodies under the aegis of and funded by my Department, have informed my Department that they have not invested funds in Icelandic financial products.
Funding for these agencies is made available in accordance with allocations notified to them, to enable them to carry out their statutory functions and it would therefore not be in accordance with policy to provide cash to them for investment purposes.
43 Deputy Ciarán Lynch asked the Minister for Transport if he will confirm that persons appointed to positions under the Road Safety Authority Act 2006, the Railway Safety Act 2005 and the Taxi Regulation Act 2003 were appointed in accordance with the regulations set out in those Acts; and if he will make a statement on the matter. [35294/08]
Under the Railway Safety Act 2005, 14 members of the Railway Safety Advisory Council were appointed by my predecessor, Martin Cullen, as Minister for Transport. He also appointed the Chief Investigator of the Railway Accident Investigation Unit of the Railway Safety Commission under that Act.
Under Section 14(2) of the Road Safety Authority Act I appointed the board of the Road Safety Authority for a five-year period with effect from 1 September 2006.
Persons appointed as Commissioner for Taxi Regulation or as staff of the Commission for Taxi Regulation are appointed in accordance with the provisions of sections 14 and 18 of the Taxi Regulation Act 2003 by the Minister for Transport and the Commission respectively. Appointments to the Advisory Council to the Commission for Taxi Regulation are made by the Minister for Transport in accordance with the provisions of section 54 of the 2003 Act.
I can confirm that all appointments were made in accordance with the provisions of the Acts and with all other legal requirements.
44 Deputy Ciarán Lynch asked the Minister for Transport if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35511/08]
The question of investments by public bodies under the aegis of my Department is a day to day matter for the bodies concerned. I have no statutory function in the matter.
45 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the position regarding the implementation of the National Disability Strategy. [35230/08]
Since its launch in 2004, considerable progress has been made by my Department on the implementation of the National Disability Strategy, which underpins the participation of people with disabilities in Irish society by building on existing policy and legislation.
My Department is responsible for the provision of the framework for the implementation of the Strategy, including cross-Departmental co-ordination, and reports to the Cabinet Committee on Social Inclusion on progress of the Strategy. The Strategy is now also the agreed focus of disability policy under the Partnership Agreement, Towards 2016, under which the National Disability Strategy Stakeholder Monitoring Group was established in November 2006 to monitor progress on the overall implementation of the Strategy. The Group comprises representatives of stakeholder groups, trade unions, senior officials and the National Disability Authority (NDA). My Department serves as Secretariat to the Group.
Towards 2016 contains a commitment to publish a strategic document on the Strategy which will outline the vision, mission and strategic objectives under the Strategy. The draft document has been prepared by my Department and forwarded to all of the relevant partners. It is due to be finalised later in the year and will be published as soon as possible after that.
A new Office for Disability and Mental Health was established in January this year to support the Minister of State for Equality, Disability Issues and Mental Health at the Department of Health and Children. This new office has cross-cutting responsibilities in a number of Departments, including my Department.
Key elements of the National Disability Strategy continue to be the Disability Act 2005 and the Sectoral Plans of key Departments for service provision for people with disabilities. The National Disability Authority is also concerned with the implementation of important aspects of the Strategy and works closely with my Department to meet relevant objectives.
The accessibility provisions of the Disability Act are supported by the ‘Code of Practice on Accessibility of Public Services and Information provided by Public Bodies' which was published in July 2006. The Code of Practice was developed by the NDA in consultation with my Department and helps public bodies to make services and information accessible to people with disabilities and provides them with guidance on meeting their obligations under the Act. The NDA has developed and circulated a monitoring questionnaire to assist the evaluation of the implementation of this code by public bodies, and will report on the matter in due course.
The Act also gives statutory effect to the 3% employment target for people with disabilities in the public sector and my Department has a key role in relation to the implementation of these provisions. The Act provides for a framework for monitoring this target through monitoring committees in each Government Department and the NDA has an overall monitoring and reporting role under the Act. The first statutory report on the compliance by the public service with the employment target for people with disabilities was published on 4 January 2008, and the second report by the NDA which concerns compliance with the target in 2007 is due to be submitted to me by the end of November.
Again, under the Act, a Centre for Excellence in Universal Design has been established within the NDA with the support of my Department (2007). The Centre has an important role in contributing to the development and promotion of standards in universal design.
46 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if he will ascertain from the Chief State Solicitor’s Office the reason legal costs have not been granted in a case (details supplied) as per the High Court Order. [35231/08]
A Payable Order for payment of the costs awarded to the applicant in this case was forwarded to the Chief State Solicitor's Office on 6 October 2008 for onward transmission to the Solicitor concerned.
47 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [35238/08]
I am informed by the Immigration Division of my Department that an application for Family Reunification was made 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 is in the final stages of processing and a decision will issue shortly.
48 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the status of visa applications in respect of persons (details supplied); if these visa applications will be expedited in view of their age and desire to reunite with family members here; and if he will make a statement on the matter. [35254/08]
The visa applications referred to by the Deputy were received in the Visa Office, New Delhi on 27 December 2007. Both were refused by the Visa Officer on 5 February 2008.
The visas were sought to allow the applicants to join their adult children in Ireland, as dependants, on a long term basis. Taking into account migration patterns which would result in an unnecessary burden on public funds, and allowing for special procedures applied in the case of families of EU nationals resident in Ireland, it is the general policy of my Department not to grant visas that would enable parents to join their adult children in Ireland, as dependants, on a long term or permanent basis.
49 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will publish the independent evaluation which has been completed into a centre (details supplied) in County Roscommon; the provisions which are being made for the existing staff; and if he will make a statement on the matter. [35263/08]
I refer the Deputy to my detailed reply to him on 14 October 2008.
The report prepared by the independent evaluators contains personal and commercially sensitive information and was not intended for general publication in its current format. However, the consultants have been asked to provide a version for general publication which I expect will be available to me shortly, making it possible to publish it on my Department's website early next week.
The Probation Service will work with the Board of Management to effect the orderly closure of the project in its present form including redundancy payments to staff paid out of Service funding.
50 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the reason a residency requirement was not met in respect of a person (details supplied in County Wexford; the number of months by which the application was short; when a new application will be valid; and if he will make a statement on the matter. [35289/08]
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 February 2008.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended provides that the applicant must have been resident in the State for a period of one year immediately prior to the application and four years in the eight year period before that, sixty months in total. On examination of the application it was determined that the person concerned did not meet this requirement, being some 16 months short.
However, it was noted that the person concerned is the spouse of an Irish National. Section 15A of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may grant a certificate of naturalisation to the non-national spouse of an Irish citizen, if among other things, the applicant has been married to that citizen for a period of not less than three years and has been resident in the State for a period of one year immediately prior to the application and two years in the four year period before that, thirty six months in total.
The person in question was informed of this and invited to submit an Affidavit in a letter issued by registered post on 10 July, 2008. This letter was returned to my Department and was re-issued on 25 July, 2008. A final reminder letter was issued on 12 September, 2008, this letter was also returned to my Department. I am informed by my officials that as the applicant did not reply to this correspondence the file has now been closed. The address the Deputy has supplied corresponds with the address given to my Department by the applicant.
It is open to the person concerned to lodge a new application if and when he is in a position to meet the statutory residency requirement applicable at that time.
51 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the amount of his budget allocation to the Minister for Integration which has been carried out; and the breakdown of the main expenditures in 2008. [35316/08]
The amount disbursed from Subhead E.8 of the Justice, Equality and Law Reform Vote to end-September was approximately €3.081 million. The main expenditures have been: Miscellaneous Grants: €1.45 million; Grant to the National Consultative Committee on Racism and Interculturalism (NCCRI): €373,000; National Action Plan Against Racism: €378,000; Salaries, Wages and Allowances charged to the Subhead: €385,000; and Incidental Expenses: €353,000.
I expect there will be further substantial expenditure before year-end which will include funding for local authorities and to certain major sporting bodies for measures to promote integration. Further substantial payments will also be made by my Office to bodies directly involved in tackling racism and promoting interculturalism.
52 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the steps he will take to provide a new full-time Garda station in Rathcoole, County Dublin; and if he will make a statement on the matter. [35318/08]
I am informed that the Garda authorities that a Garda Accommodation Programme Board has been established under the chairmanship of the Chief Administrative Officer to prepare a long-term accommodation strategy for the Force. The policing accommodation needs of Rathcoole will be considered in the context of this strategy.
I am further informed by the Garda Commissioner that Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible service is provided to the public. In that regard, the requirements of Rathcoole Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda Divisions throughout the country.
53 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in regard to residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35328/08]
I am informed by the Immigration Division of my Department that the person referred to by the Deputy was granted permission to remain in the State on 16 February, 2005, following a Family Reunification application. I am also informed that the person's permission to remain was renewed on 21st July, 2008 and will expire on 21 July, 2009.
54 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in regard to a residency application in the case of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [35329/08]
The person concerned applied for asylum on 11 April 2007. 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 21 August 2008, 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, is passed to me for decision.
55 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the necessary residency status will be approved in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [35330/08]
The person concerned applied for asylum on 21 April 2004. His asylum 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 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
56 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress in the past year in the case of an application for residency and citizenship in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35331/08]
The person concerned arrived in the State on 7 May 2002. He claimed asylum on 31 May 2002 and 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.
The person concerned was informed by letter dated 24 May 2004 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e why he should not be deported.
His case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on his behalf for permission to remain in the State. On 21 July 2005 one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Thursday 4 August 2005 in order to make travel arrangements for his removal from the State. He presented as required and was given further presentation dates which he kept.
By letter dated 23 July 2008, the legal representatives of the person concerned applied for the revocation of his Deportation Order. On 9 October 2008 I affirmed the Deportation Order in this case. Notice of the affirmed Deportation Order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Thursday 6 November 2008 in order to make travel arrangements for his removal from the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
57 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress since 7 May 2008 in the case of an application for leave to remain or other status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35332/08]
The person concerned arrived in the State on 20 December 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 March 2006, 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 i.e. why she should not be deported.
Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of Refoulement. Consideration was given to representations received on her behalf. On 9 October 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 4 November 2008 in order to make travel arrangements for her removal from the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for GNIB.
58 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency and citizenship will be concluded in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [35333/08]
The most recent permission to remain in the State, granted to the person concerned on the basis of parentage of an Irish citizen child, expired on 30 September, 2008. I am informed that the person has presented to the Garda National Immigration Bureau for renewal of this permission, but failed to produce a valid passport. The registration of permission to remain is a matter for GNIB, and a valid passport is a requirement for registration.
If a person's passport has been lost, that person is required to obtain a new passport from the relevant authorities of the issuing country. The Embassy of DR Congo in London is accredited to Ireland, and the person concerned should firstly contact that Embassy to establish what facilitation they will provide to enable the person travel to London should that be required in order to obtain a new passport.
59 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the necessary documentation will issue to the local emigration office to facilitate the extension of leave to remain in the State in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [35334/08]
As an exceptional measure and subject to certain stated conditions, the person concerned has been granted Leave to Remain in the State for the period to 8 April 2009. This decision was conveyed in writing to the person concerned by letter dated 8 October 2008. This communication also outlined the registration process involved i.e. to attend the local Garda District Headquarters station where, upon presentation of appropriate identification documentation and payment of the relevant registration fee, the registration process is completed.
60 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the process of an application for residency and naturalisation will be concluded in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [35335/08]
The person concerned applied for asylum on 7 September 2000. 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 26 February 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 and will be fully considered before the file is passed to me for decision.
61 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [35336/08]
I refer the Deputy to my reply to his recent Parliamentary Question, No. 865 of Wednesday 24 September 2008. The position in the State of the person concerned is as set out in that Reply.
62 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if reconsideration on humanitarian grounds will be given in the matter of residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [35337/08]
The person concerned arrived in the State on 28 September 2004 as an unaccompanied minor. He applied for asylum on 13 January 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
The person concerned was informed by letter dated 14 November 2005, that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. The person in question was notified by letter dated 23 May, 2007 of the new regulations and invited to apply for Subsidiary Protection and to update his representations to remain temporarily in the State . By letter dated 14 June 2007, the legal representatives of the person concerned lodged an application for Subsidiary Protection in the State on his behalf and in accordance with the Regulations.
By letter dated 17 April 2008, the person concerned was advised that following consideration of his application, it was determined that he was not eligible for Subsidiary Protection. The letter went on to advise him that he would be considered under Section 3(6) of the Immigration Act, 1999, as amended, to see whether a Deportation Order should be made in respect of him. New legal representatives were engaged by the person concerned and updated representations under the said Act were lodged under cover letter dated 22 August 2008.
His case was examined under Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations received on his behalf for permission to remain in the State. On 18 September 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on Tuesday 14 October 2008, in order to make travel arrangements for his removal from the State. He presented as required and was given a further presentation date. He is due to present again on Thursday 6 November 2008.
By letter dated 14 October 2008, the legal representatives of the person concerned applied to have his Deportation Order revoked. This application is currently under consideration in my Department and I expect to decide on the matter in due course.
63 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which an application for residency has been processed in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [35338/08]
The person concerned applied for asylum on 9 June 2005. Her asylum application was refused following consideration of the 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 31 May 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
64 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the case for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35339/08]
The person concerned arrived in the State on 17 December 2004 and claimed asylum on 29 December 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications 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 13 September 2005, that the Minister proposed to make a deportation order in respect of her. She was afforded 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 i.e. why she should not be deported.
Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of Refoulement. Consideration was given to representations received on her behalf from her legal representatives. On 9 February 2006 the then Minister refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 9 March 2006 in order to make travel arrangements for her removal from the State. She presented as required and has continued to meet the presentation requirements of the GNIB.
On 8 March 2006 legal proceedings were instituted in the High Court on behalf of the person concerned challenging the decision of the then Minister to deport her. The hearing in this regard took place on 27 July 2007. The outcome of said hearing was that Leave was refused and the decision of the Minister upheld.
A Subsidiary Protection application is currently under consideration in respect of the son of the person concerned. Legal proceedings, initiated on 9 May 2008, in respect of the daughter of the person concerned, challenging the refusal of her asylum claim, are currently outstanding. My Department has provided an undertaking in respect of the person concerned not to deport her from the State until a decision has been reached in respect of the immigration status of her two children. The enforcement of the Deportation Order is an operational matter for the GNIB.
65 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the case of an application for residency and leave to remain in the name of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [35340/08]
The person concerned applied for asylum on 30 July 2004. Her asylum application was refused following consideration of the 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 29 December 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
66 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [35341/08]
I refer the Deputy to my Reply to Parliamentary Question 549 of 1 July 2008. The position remains as stated.
67 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress in regard to a residency application in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [35342/08]
The person concerned applied for asylum on 20 September 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was subsequently served on the person concerned, by letter dated 23 November 2006, which placed a legal obligation on him to ‘present' himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday 29 November 2006, to make arrangements for his formal transfer to Germany. The person concerned failed to ‘present' on this occasion and was therefore classified as having ‘evaded' his transfer. The person concerned became illegally resident in this State at that time.
The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was, on appeal, upheld by the Refugee Appeal Tribunal.
In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 September 2008, 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). To date no response has been received in my Department to this letter.
The 15 day period referred to in my Department's letter of 26 September 2008 expires on 17 October 2008. It is open to the person concerned to make representations and/or to apply for Subsidiary Protection in the State within that period. The case of the person concerned will be considered further upon receipt of a response to my Department's letter of 26 September 2008.
68 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency status and refugee status will be concluded in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35343/08]
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.
69 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency status will be concluded in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [35344/08]
The first named person concerned arrived in the State with her daughter and applied for asylum on 26 January 2005. She included her daughter in her application. The application was refused following consideration of their 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 14 August 2008, that the Minister proposed to make Deportation Orders in respect of her and her daughter. 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 they 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 first named 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 first named 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 first named 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 first named person concerned is passed to me for decision.
The second named person concerned, a child of the first named person concerned, has lodged a separate asylum application. It is not the practice to comment in detail on individual asylum applications where a final decision has not been made.
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.
70 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35345/08]
I refer the Deputy to Replies to Parliamentary Questions, 159 of 27 September 2007, 210 of 6 February 2007 and 136 of 23 November 2006. The position remains as stated.
71 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35348/08]
The person concerned applied for asylum on 8 June 2005. Her asylum application was refused following consideration of the 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 12 May 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
72 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35349/08]
I am informed by the Immigration Division of my Department that at present there is no Family Reunification application pending in respect of the person named in the details provided by the Deputy.
73 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of residency and other status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [35350/08]
The person concerned applied for asylum on 10 January 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that, in accordance with the provisions of the Dublin II Regulations, the person concerned should be transferred to the United Kingdom for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. A Transfer Order was signed in respect of the person concerned on 11 May 2006. This Order was served on the person concerned, by letter dated 12 May 2006, which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on Tuesday 16 May 2006 to make arrangements for his formal transfer to the United Kingdom. The person concerned failed to ‘present' on this occasion and was therefore classified as having ‘evaded' his transfer. The person concerned became illegally resident in this State at that time.
The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. The Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status.
In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 January 2008, 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. To date no such representations have been made by, or on behalf of, the person concerned. My Department has no knowledge of the arrest and imprisonment of the person concerned.
74 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for refugee status and residency status will be concluded in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [35351/08]
I refer the Deputy to the written reply to Question No. 814 of Wednesday, 24 September 2008. The person concerned applied for asylum on 8 July 2005. 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 August 2008, 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 making representations to the Minister setting out the reasons 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 the 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. If the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will 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.
75 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for family reunification will be concluded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35352/08]
An application for Family Reunification was received in June 2007 from the person in question on behalf of his wife. 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. The application will be considered by my Department and a decision will issue within the next four weeks.
76 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency will conclude in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [35353/08]
The person concerned applied for asylum on 31 January 2005. 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 17 November 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 before the file is passed to me for decision.
77 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency and citizenship will conclude in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35354/08]
An application for a certificate of naturalisation from the person referred to in the Question was received in the Citizenship Section of my Department in July 2006. Processing of the file has been completed and I have reached a decision. The person in question will be informed of that decision in due course.
78 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the necessary documentation will issue in the case of an application for residency in the name of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [35355/08]
I refer the Deputy to the written reply to Question No. 219 of Thursday, 15 May 2008. The person concerned applied for asylum on 25 November 2002. 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 27 February 2004, 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 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 before the file is passed to me for decision. When a decision has been made in the case of the person concerned, this decision and the consequences of that decision will be conveyed in writing to the person concerned.
79 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress in the case of an application for leave to remain in the State on humanitarian grounds for a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [35356/08]
I refer the Deputy to my reply to Question No. 787 of Wednesday, 24 September 2008 on this matter. The position in the State of the person concerned is as set out in that reply.
80 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress in the case of an application for residency and other status in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35357/08]
I am pleased to inform the Deputy that the permission granted to the person concerned under the IBC/05 Scheme has been renewed until 21 October 2010, subject to registration with the Garda National Immigration Bureau. I have arranged for the letter informing the person of this decision to be reissued.
81 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that due process is being followed in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [35358/08]
I refer the Deputy to the Reply I gave to his Parliamentary Question no. 929 of Wednesday 24 September 2008. The status of the person concerned remains as set out in that Reply. I am satisfied that the applications made by the person concerned for asylum and subsequently for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
82 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35509/08]
I wish to inform the Deputy that my Department has no record of having any funds invested in Icelandic financial products.
83 Deputy Darragh O’Brien asked the Minister for Foreign Affairs the amount of overseas development and humanitarian aid given to the Palestinian Territories in the years 2005, 2006, 2007 and up to September 2008. [35260/08]
Development and humanitarian assistance is provided to Palestine under a range of headings and, while the bulk of the funding is spent in the Palestinian Territories, an element is dispersed outside those territories, for instance, through the UN Relief and Works Agency (UNRWA) for Palestinian refugees in some of the neighbouring States. Assistance is also provided to NGOs like Trócaire and Christian Aid in support of programmes in both Israel and the Palestinian Territories.
Over the period in question, development and humanitarian funding has been dispersed as follows:
|
2005 |
2006 |
2007 |
2008 (to 30 Sept) |
|
€4.4 million |
€6.2 million |
€7.5 million |
€4.9 million |
This funding included support for the UN Relief and Works Agency (UNRWA) which provides basic services including health and education for Palestinian refugees; support for basic education services provided by the Palestinian Authority; support for a range of UN Agencies including the UN Development Programme (UNDP) and the UN Office for the Coordination of Humanitarian Affairs (UNOCHA); and support for a range of NGOs and Civil Society Organisations to promote human rights. The figure for 2008 is for actual spending to the end of September. Further assistance will be delivered before the end of the year.
84 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a group (details supplied); and if he will raise the recent massacre of 46 young men in the North-east of Colombia with the Colombia authorities and at the U.C.. [35264/08]
As the Deputy is aware, Grupo Raíces is a group of Latin American and Irish citizens concerned about the situation in Colombia. In relation to the first part of the Deputy's question, the Irish government supports both the Colombian government and civil society groups in their efforts to support the peace process in Colombia.
Irish Aid currently funds local NGOs working to protect children's rights and human rights in Colombia. In 2008, Irish Aid has already provided a total of €1,122,713 to Trócaire and Christian Aid for projects in Colombia. Irish Aid also funds Irish Missionaries in Colombia through the Irish Missionary Resource Service.
I am keenly aware of the very serious issue of civilian deaths attributed to the security forces in Colombia, including the killings referred to in the Deputy's question. This matter is the subject of ongoing action at EU and UN level. The February 2008 annual report of the United Nations High Commissioner for Human Rights (UNHCHR) on the situation of human rights in Colombia states that the UNHCHR's office in Colombia continues to receive reports of extrajudicial killings attributed to the security forces. Under its current mandate, the focus of the UNHCHR's office in Colombia is the fight against impunity, including advice and training on prevention and investigation of incidents of torture, enforced disappearances, extrajudicial killings, illegal detentions and sexual violence.
In relation to action at EU level, as the Deputy will be aware, the EU has expressed its support for the Colombian Government in its efforts to ensure the rule of law, legality, security of persons and human rights. The EU has also condemned systematic breaches of the most fundamental human rights, including the right to life and to liberty, in Colombia.
The General Affairs and External Relations Council of the European Union most recently adopted Conclusions on Colombia on 19 November 2007. Ireland was actively involved in the negotiation of these Conclusions. The Council encouraged the Colombian government's determination to improve the armed forces' respect for human rights and welcomed the progress which has been made in this respect. However, the Council noted with real concern the persisting problem of human rights violations by some members of the security forces, including extra-judicial killings.
My Department continues to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country.
85 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support the case of a person (details supplied). [35265/08]
My Department became aware on 11 September of this case mentioned by the Deputy when the person concerned emailed our Embassy in Paris outlining the incident as set out in the letter by the Deputy. Our Embassy immediately contacted JWT on the same day to ensure that the person concerned had filled out a police report with one of their representatives. The Embassy also then contacted the police who confirmed that they were investigating the incident.
The Embassy has been in contact with the police on three further occasions during the month of September seeking updates on the status of the investigation. On 7 October the Police informed the Embassy that they had completed their report on 1 October and forwarded it to the Tribunal de la Police, where a decision will be made as to whether there are grounds to charge the Hotel owner/employee.
The Embassy contacted the person concerned to keep him updated on these developments and assured him that they would continue to provide him with any updates received from the Tribunal de la Police. On my instructions the Embassy has written to the Tribunal de la Police requesting an update on this case.
86 Deputy Ciarán Lynch asked the Minister for Foreign Affairs if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35507/08]
There are no investment funds operating under the responsibility of my Department.
87 Deputy Joe McHugh asked the Minister for Arts, Sport and Tourism if he will guarantee that there will be no cuts in his funding of a theatre (details supplied) in County Donegal, in the next 36 months; and if he will make a statement on the matter. [35210/08]
The theatre referred to by the Deputy received €65,000 in capital funding from my Department under the ACCESS II (Arts and Culture Capital Enhancement Support Scheme) scheme. This grant was fully drawn down in 2007 and there is, therefore, no question of cutting the capital funding provided to the theatre. The ACCESS scheme continues to be a significant intervention in the provision of high quality arts and cultural infrastructure throughout the country.
The theatre is also in receipt of current funding from the Arts Council and was provided with €150,000 in 2008. The Arts Council makes funding decisions on an annual basis and the levels of grants provided are dependent on the annual Estimates process. The Arts Council are statutorily independent under the Arts Act 2003 and I have no role to play in the allocation of their grants or their executive decisions.
88 Deputy Ciarán Lynch asked the Minister for Arts, Sport and Tourism if he will confirm that persons appointed to positions under the National Sports Campus Development Authority Act 2006 were appointed in accordance with the regulations set out in the Act; and if he will make a statement on the matter. [35293/08]
The provisions of the National Sports Campus Development Authority Act were applied in relation to appointments to positions made under that Act.
89 Deputy Ciarán Lynch asked the Minister for Arts, Sport and Tourism if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35501/08]
The Department, including the National Archives, has not invested any funds in Icelandic financial products.
In respect of the agencies under the aegis of the Department, the investing of funds is a matter for the agencies themselves. However, I understand that these agencies have similarly not invested any funds in such products.
90 Deputy Ciarán Lynch asked the Minister for Community, Rural and Gaeltacht Affairs if he will confirm that persons appointed to positions under the Dormant Accounts Acts were appointed in accordance with the regulations set out in these Acts; and if he will make a statement on the matter. [35296/08]
Appointments to the Dormant Accounts Board are governed by the requirements set out in the Dormant Accounts Acts 2001-2005. The Acts provide that the Board will consist of a chairperson and 10 ordinary members with the necessary knowledge of, and experience relating to, the purposes for which disbursements are made from the Dormant Accounts Fund.
I am satisfied that the appointments made by me to the Board are in accordance with the provisions of the Dormant Accounts Acts 2001-2005.
The membership of the Board as of today is set out in the following table.
|
Name |
Background |
|
Mr Michael Morley (Chairperson) |
Retired Co-operative Financial Controller |
|
Ms Kate Feely |
Principal Social Worker (Mental Health Services) |
|
Ms Rosaleen Glackin |
Retired Trade Union Official |
|
Mr Des Gunning |
Governor — Incorporated Orthopaedic Hospital of Ireland |
|
Ms Marian Hackett |
School Principal |
|
Ms Áine Hyland |
Retired Vice President (University College Cork) |
|
Mr Noel McPartland |
Company Director |
|
Ms Mary Maguire |
Community Employment Administrator |
|
Mr David Martin |
Company Director |
|
Ms Eimer O’Rourke |
Irish Banking Federation |
|
Mr Colin Wilson |
Tax Consultant |
91 Deputy Finian McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if the Government has applied for EU funding for progression of works on the Ulster Canal; and if he will make a statement on the matter. [35267/08]
I can confirm that my Department has not applied for EU funding for the progression of works on the Ulster Canal. The restoration of the south west stretch of the Ulster Canal, from Upper Lough Erne to Clones, is being funded from within Waterways Ireland own resources.
92 Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the historical, cultural and recreational significance of Donadea Forest Park, Donadea, County Kildare in the ownership of Coillte Teo; if he has received communication from his ministerial colleagues or local community support groups in the context of a comprehensive development plan to acquire the property for development as a national park similar to a number of other such projects throughout the country and which would involve the restoration of Donadea Castle and ancillary buildings, having particular regard to the potential benefit, locally and nationally; and if he will make a statement on the matter. [35323/08]
I refer the Deputy to Question no. 334 of the 7th October 2008.
I can confirm that I have received no such communication from my Ministerial colleagues or local community support groups.
93 Deputy Ciarán Lynch asked the Minister for Community, Rural and Gaeltacht Affairs if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35503/08]
I have been advised that none of the public bodies funded by, or within the ambit of my Department have invested funds in Icelandic financial products.
94 Deputy Jack Wall asked the Minister for Social and Family Affairs when her Department will present papers in relation to a Supreme Court case (details supplied) which was listed as a priority in view of the concerns of the appellant in the case; and if she will make a statement on the matter. [35217/08]
Preparation and presentation of papers to a court in respect of cases involving the State is a matter for the Office of the Chief State Solicitor. The position in relation to the case referred to by the Deputy is that the Department has made enquiries of that Office and it is my understanding that the book of appeal has been lodged and that a certificate of readiness will be lodged within a week or so. I also understand that the Office of the Chief State Solicitor has been in contact with the solicitor for the person concerned.
95 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the consultation process that was involved and the person who was consulted in the high level review, value for money and policy review of the Combat Poverty Agency; and if she will make a statement on the matter. [35240/08]
96 Deputy Brian O’Shea asked the Minister for Social and Family Affairs when she will bring the recommendations contained in the high level review of the Combat Poverty Agency to Government; and if she will make a statement on the matter. [35241/08]
97 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the reason it was necessary to have three reviews of the Combat Poverty Agency carried out in the past two years; and if she will make a statement on the matter. [35242/08]
98 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the cost of the three reviews carried out in the past two years on the Combat Poverty Agency, including the staff time in the OSI; and if she will make a statement on the matter. [35243/08]
99 Deputy Brian O’Shea asked the Minister for Social and Family Affairs if, in regard to the review of programmes that facilitated participation of the voluntary and community sector, the consideration is finalised; the action he will take at this juncture; and if she will make a statement on the matter. [35244/08]
I propose to take Questions Nos. 95 to 99, inclusive, together.
Over the last two years my Department has coordinated the conduct of three reviews of the Combat Poverty Agency. These included a review of its research programme and a review of its programmes to facilitate the participation of the community and voluntary sector and people experiencing poverty in the policy-making process. The third and most recent review, conducted on an interdepartmental basis, examined the role of the Agency in the light of recent strategic and institutional developments to support social inclusion. It was undertaken by my Department as part of its Value for Money and Policy Review initiative 2006-2008 and completed in September last.
In the course of the review, bilateral meetings took place between sub-groups of respectively, the review Steering Committee and five members of the CPA Board, following which written submissions were made by the Agency. Seven other bilateral consultations were undertaken with a total of thirteen officials from Departments represented on the Steering Committee and with the Chairs and Directors of NESF and NESC. While the Steering Committee did not consider that its terms of reference envisaged a wider external consultation, its findings were informed by extensive stakeholder consultations undertaken by independent consultants in connection with other recent reviews of the CPA, in particular, the review of the CPA's Research programme finalised in March 2008 by Goodbody Economic Consultants and the review of the Agency's 2005-2007 Strategic Plan completed by Eustace Patterson Ltd. in June 2007.
The review, which reported in September, essentially put forward two options — a merger between the Combat Poverty Agency and NESDO or a merger with the Office for Social Inclusion. The review steering committee identified certain imbalances that would have to be overcome if the NESDO option were chosen. For example, the role and focus of NESDO is on the wider strategic economic and social issues which need to be addressed in order to drive the country forward. In this environment, the specific role of addressing issues of poverty and social inclusion, as pursued by the Combat Poverty Agency and the Office for Social Inclusion, could become marginalised. The steering committee recommended the merger with the Office for Social Inclusion as, in their view, it was the most likely to achieve the best outcomes.
I received detailed submissions on the report from the Board of the Combat Poverty agency which I fully and carefully considered.
The Government, having considered the review report, decided to integrate the Combat Poverty Agency with the Office for Social Inclusion. It is not my intention that Combat Poverty will simply be absorbed into the Office for Social Inclusion in its existing form. Rather a new strengthened division will be created which will make the best use of the considerable experience and expertise of the staff of both existing bodies and will seek to address the weaknesses identified by the Review in relation to both. I believe that this new division will provide a stronger voice for those affected by poverty and social inclusion issues.
The work of the new division will be informed by an enhanced role for high quality research, both by utilising the research skills which the staff of the Combat Poverty Agency will bring with them and by commissioning external organisations to carry out projects as appropriate. Other key functions will include providing supports through data availability, communications, poverty impact assessment and the strengthening of implementation at regional and local level.
I am conscious of the concerns about the need for independent scrutiny of public policy that have been expressed by some interest groups. I absolutely agree that independent critique is very important and this move is no way intended to reduce the scope for such work. As the review report notes, the function of independent reporting on poverty is no longer as dependent on Combat Poverty as it was in earlier years. This is due for example to the emergence of other independent data sources such as the statistics on poverty reported by the CSO, and independent analysis by bodies such as the ESRI and NESC and on the international front by the EU and OECD. And of course, Ireland is well-served by the social partners, and a wide range of NGOs and other groups who have a strong voice in public debate about poverty and related issues.
I intend to prioritise putting in place procedures to ensure that the views of these and other stakeholders, including people experiencing poverty, continue to be available to Government in developing and monitoring the social inclusion strategies. The Department is currently finalising proposals as to how this might be achieved.
I am aware that for the staff of the Combat Poverty Agency there has been a period of uncertainty while the review was taking place and this will continue during the transition phase. I can assure Deputies that I and my officials will work with the Board and staff to address any concerns they may have. They can be assured of a warm welcome and a valued place in the Department, as they pursue their continuing role in working to develop and monitor our future strategies to address poverty and social exclusion.
The review of Combat Poverty's Research Programme was carried out by Goodbody Economic Consultants during the period May 2007 to March 2008. The report of the review has been submitted to the CPA Board and to the Department and in addition to the Inter-Departmental Committee will also be considered in the context of the integration of the Agency with the OSI. The direct cost arising from this review is the consultant's fee of €50,561 paid by the Agency.
The review of the CPA's programmes that facilitate the participation of the community and voluntary sector and people experiencing poverty in the policy- making process was progressed over the period 2006 and 2007 by an official of my Department as part of his participation in the IPA's Masters (Policy Analysis) Programme. As some aspects of this review remained to be considered when the review of the overall role of the Agency was commenced it was decided to subsume this work within the broader review of the Agency's work. There were no direct costs involved in this work.
The direct cost arising from the interdepartmental review of the Combat Poverty is the fee of €18,000 which was paid by the Department to the independent Chair of the Steering Committee, Mr. Niall Callan. The Office for Social Inclusion provided secretarial support for the review and was represented on the Steering Committee. However this work was undertaken as part of the normal work of the office and separated costs are not available.
100 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded jobseekers benefit. [35297/08]
The person concerned applied for jobseeker's benefit on 7 October 2008 and his claim is being examined currently. A decision will be made as soon as possible and he will be notified of the outcome. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
101 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if a community welfare officer may approve an exceptional needs payment for the maintenance of a diet for cultural rather than medical reasons; and if she will make a statement on the matter. [35359/08]
Under the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, a diet supplement may be paid where a special diet is prescribed for an individual as a result of a specified medical condition. Any person receiving a Social Welfare or Health Service Executive payment and who has been prescribed a special diet for medical reasons and whose means are insufficient to meet their needs, may qualify for a diet supplement.
Under the supplementary welfare allowance scheme an exceptional needs payment 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 and for that reason, it is not possible to state categorically that an exceptional needs payment would or would not be made in respect of any particular once-off essential need. However exceptional needs payments would not normally be made in respect of the maintenance of a particular diet for cultural reasons.
102 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the basis on which rent supplement has been refused in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35363/08]
Rent supplement is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme.
One of the conditions for receipt of rent supplement is that the Executive must be satisfied that "the claimant is in need of accommodation and is unable to provide for it from his or her own resources".
The Executive has advised that the person concerned was refused rent supplement as it was not satisfied that he was in need of accommodation. This decision was upheld by both the HSE Appeals Office and the Social Welfare Appeals Office.
103 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if she will make a statement on the matter. [35510/08]
Neither the Department nor the agencies under the aegis of the Department have invested any funds in Icelandic financial products.
104 Deputy Ciarán Lynch asked the Minister for Defence if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35504/08]
No public bodies under the aegis of my Department have invested funds in Icelandic financial products.
105 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if local authorities and public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35195/08]
Banking and investment arrangements with financial institutions for the prudent management of money are matter for individual local authorities under section 98 of the Local Government Act 2001. Following enquiries made my Department, I am advised that local authorities and bodies that come under the aegis of my Department do not have funds invested in Icelandic financial products.
106 Deputy Áine Brady asked the Minister for the Environment, Heritage and Local Government the recourse open to persons (detailed supplied) in County Kildare whose neighbours are involved in anti-social or abusive behaviour; and if he will make a statement on the matter. [35212/08]
Action to deal with anti-social behaviour is primarily a matter for An Garda Síochána. Landlords are, however, responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act, 2004. The Act, in this regard, prohibits a private rental tenant engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour.
The Residential Tenancies Act also provides for a third party affected by anti-social behaviour to, subject to certain conditions, take a case to the Private Residential Tenancies Board against a landlord who has failed to enforce tenant obligations. The Board can direct the landlord to ensure that tenants comply with their obligation and can enforce compliance through the Courts.
A specific condition is that the third party complainant must have taken all reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned.
The Private Residential Tenancies Board may furnish to a person proposing to make a third party complaint the name and address of the landlord concerned or his or her agent. The Board may be contacted at their offices at O'Connell Bridge House, Dublin 2, or by phone or email, contact details of which are available on their website.
107 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the name of the environmental consultant that he met in respect of a proposal to construct a thermal treatment facility at Rathcoole, County Dublin; and if he will make a statement on the matter. [35214/08]
In July 2007 I met with Ms. Anne Butler, 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 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.
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.
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.
108 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will introduce guidelines in respect of a national waiver scheme for waste collection for the public which will provide a level playing pitch for public and private contractors; and if he will make a statement on the matter. [35215/08]
Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and any associated waiver scheme, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator.
Significant regulatory issues have emerged as waste management services have rapidly evolved in recent years. These issues, which have been the subject of a formal public consultation, include the need to ensure that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly reflected. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the recent OECD report on the review of the public service, which includes a specific case study on waste management.
It is also the case that the revised approach to the collection of household waste being taken by the Dublin local authorities will further inform what measures may be necessary to underpin sustainable waste collection services, whether delivered by the private or public sectors. In these contexts the appropriate policy responses will be developed and elaborated to address the concerns raised.
109 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government if there are plans to build a crematorium in the north-west; and if he will make a statement on the matter. [35216/08]
I am not aware of any proposals to build a crematorium in the north-west at this time. The establishment and operation of a crematorium would require planning permission under the Planning and Development Acts, 2000-2006 and may also be subject to the provisions of other environmental and health legislation.
110 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason for the delay in a person (details supplied) in County Longford being awarded a grant under the urban renewal scheme ; and if he will make a statement on the matter. [35253/08]
The Urban and Village Renewal Grant Scheme operated by my Department was to support local authority projects designed to improve the quality of the environment for persons living, visiting and working in the area. The grant scheme did not relate to housing or the refurbishment of housing units: separate schemes are operated by the local authorities for refurbishment or repair of housing units under specific circumstances. My Department has contacted the local authority in question, Longford County Council, who have confirmed that they have no record of having received an application from the person named.
111 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff employed by An Bord Pleanála; if his attention has been drawn to the delays in processing appeals; if he will allocate additional staff to an Bord Pleanála to alleviate the problem; and if he will make a statement on the matter. [35259/08]
In recognition of the key role An Bord Pleanála plays in relation to delivery of local and national infrastructure, the demands arising from sustained record levels of appeals over recent years and the implementation of the Planning and Development (Strategic Infrastructure) 2006 Act, sanction was given in 2007 for a considerable increase in the Board's staffing resources. The total authorized staff complement has increased by 35.5 to 172, while Board membership rose from 10 to 11 with the appointment of an additional temporary Board member.
Under Section 126 of the Planning and Development Act 2000, An Bord Pleanála has a statutory objective to determine appeals within 18 weeks. Where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (e.g. because of delays arising from the holding of an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make its decision.
The performance of the Board in relation to the disposal of appeals within the statutory objective period must be viewed in the context of record levels of case intake over successive years 2004 — 2007 and the assumption of significant new functions under the 2006 Act. The introduction of the new functions under the 2006 Act necessitated a restructuring of the Board's operations and the creation of a dedicated Strategic Infrastructure Division.
During 2007, An Bord Pleanála received 6,664 new cases, an increase of 12% on 2006 and determined 6,163 which represented a 10% increase on the previous year. The high intake of new appeal cases in 2007 and the high level of Strategic Infrastructure cases received resulted in a significant rise in the workload on hands by the end of 2007. Nearly half of all cases were determined within the statutory objective period in 2007 but there has been deterioration in appeal disposals within the statutory objective period in 2008.
With the predicted lower intake of cases going forward, the increased resources made available and other measures to improve throughput, it is expected that progress will be made over the coming months towards increasing the percentage of cases that are determined within the statutory objective period.
112 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding the completion process for a person (details supplied) in County Roscommon relating to the sale of bog under cessation of turf cutting scheme in bogs situated in special areas of conservation in County Roscommon: and when this case will be finalised and payment approved. [35279/08]
A letter of offer issued to the vendor in October 2006 in this case. However, my Department is advised by the Chief State Solicitor's Office that contracts have not yet been received from the vendor's solicitor in response to this offer.
113 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government when funds will be released under the regeneration programme to complete the refurbishment project in a housing estate (details supplied) in County Tipperary and in which 14 houses have been refurbished to date; and if he will make a statement on the matter. [35281/08]
My Department has already supported a pilot phase in relation to this scheme at Ballylynch Housing Estate. The Council has submitted, in September 2008, proposals for an extensive remedial works project, based on the pilot phase. These proposals will be considered under the new call for proposals for remedial works schemes for funding in 2009; the closing date for receipt of applications is 31 October, 2008.
114 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the powers of local authorities here to abolish planning objection fees; and if he will make a statement on the matter. [35312/08]
Any proposed changes to the fees payable to planning authorities in relation to the making of submissions or observations respecting applications would require the prior approval of the Oireachtas to regulations made under Section 262 of the Planning and Development Act 2000.
115 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will introduce a 10 year planning cycle with three mid-cycle reviews; and if he will make a statement on the matter. [35313/08]
Part II of the Planning and Development Act 2000, as amended, sets out the planning framework and processes at regional, city and county, and local area plan levels. These requirements take account of the aims and objectives of the National Spatial Strategy, the 20-year spatial planning framework published in 2002.
The Act provides that Regional Planning Guidelines have a lifespan of not less than twelve years and not more than twenty years, and that they must be statutorily reviewed every six years following their adoption. Development plans, which are required to have regard to the relevant Regional Planning Guidelines in force for the area, must be prepared every six years and must be reviewed not later than four years after adoption i.e. two years prior to a new plan coming into force. Furthermore, not more than two years after the making of a development plan, the manager of a planning authority is required to give a report to the elected members on the progress made in securing the objectives set out in the plan. Local area plans are required to be consistent with the objectives of the development plan for the area.
The consistency between these various layers of plans, together with the scope currently provided for in legislation to vary or amend existing development plans and local area plans where it is deemed necessary, provides the appropriate structure to proactively manage development. I have no proposals, therefore, for any further legislative provision in regard to this matter.
116 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the power of local authorities to impose index-linked bonds on developers, refundable within the event of full compliance with by-laws during developments; and if not, the legal impediment to doing so. [35314/08]
Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily, empowers the Authority to apply a security given under section 34 for the satisfactory completion of that development.
My Department's Development Management Guidelines (June 2007) and policy guidance on the Taking in Charge of Residential Developments (February 2008) advise that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure the satisfactory completion of those developments. The security given should be adequate to ensure the proper completion of roads, footpaths, water mains, sewers, lighting and open space and the lodgment of the security should be coupled with an agreement that would empower the authority to realise the amount of the security at an appropriate time. Security conditions should also provide for the recalculation of the amount in question by reference to the House Building Cost Index (or other appropriate index) if the development to which the permission relates is not commenced within a specified period after the granting of the permission.
117 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the power of local authorities to introduce a penalty points system applicable to developers for unfinished estates and developments; and the legal impediments if not within local authority powers. [35315/08]
Under section 35 of the Planning and Development Act 2000 as amended, a planning authority is empowered to refuse to grant planning permission where it forms the opinion that the applicant for such permission has substantially failed to comply with a previous planning permission. No appeal shall lie to an Bord Pleanála from a decision of a planning authority in this regard. However, an applicant may apply to the High Court for an order annulling such a decision.
I am satisfied that the above power and the power to attach planning conditions requiring the giving of financial security for the satisfactory completion of developments are adequate and I have no proposal at this time for any further legislative provision in this regard.
118 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the breakdown of expenditure in respect of carbon offsets; and if he will make a statement on the matter. [35319/08]
My Department is finalising arrangements for a scheme to offset carbon dioxide emissions from air travel on Government business by Ministers, civil servants and officials. This will apply retrospectively to air travel since June 2007, but no expenditure has as yet been incurred.
I am aware that some Ministers, including myself, have also made individual arrangements to offset particular journeys pending the introduction of the Government scheme, but details of this expenditure have not been collated.
119 Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources the grants available to encourage the installation of solar panels and geothermal heating in new house construction; the procedures which must be followed to avail of such grants; and if he will make a statement on the matter. [35194/08]
The Greener Homes Scheme, administered by Sustainable Energy Ireland (SEI), provides support to individuals wishing to install renewable energy heating technologies in their homes. Since 2006 the scheme has already helped to establish the supply sector for renewable energy products, services and fuels. Strict product standards and installer training and quality schemes have also supported consumers. New houses were removed from the Greener Homes scheme to reflect the new ‘part l' Building Regulations by the Minister for Environment, Heritage and Local Government.
The Revised Building Regulations include a compulsory renewable energy component for all new houses. This will not only ensure that renewables are integrated into the housing stock but will also encourage developers and purchasers to take account of a range of renewable options when purchasing a new home including solar panels and geothermal heating. This is further underpinned by the introduction of the Building Energy Rating which provides information to house purchasers on energy performance.
A call for expression of interest is currently open for the new Low Carbon Housing Programme, which is also administered by SEI. This programme is targeted at housing developments of between five and 15 homes. In addition to having a minimum requirement of a Building Energy Rating of A2 or higher, the Programme also includes provision for onsite generation.
120 Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources if public bodies under his Department’s aegis have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35502/08]
The day to day management of funds by the bodies operating under the aegis of my Department is a matter for those bodies and one in which I have no involvement.
I can assure the Deputy that my Department is in regular dialogue with the bodies operating under its aegis and this issue has not surfaced in those contacts.
121 Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food if he will confirm that the persons appointed to positions under the Sea Fisheries and Maritime Jurisdiction Act 2006 were appointed in accordance with the regulations set out in the Act; and if he will make a statement on the matter. [35295/08]
I can confirm that all persons appointed to positions under the Sea-Fisheries and Maritime Jurisdiction Act 2006 were appointed legally and in accordance with the regulations set out in the Act.
122 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a local authority (details supplied) has abided by the foreshore legislation, following their alleged non-adherence to the conditions of a foreshore licence; and the position regarding his Department in this matter. [35200/08]
My Department has concerns regarding the works undertaken by Mayo County Council at Achill Sound and specifically that all the terms of the Foreshore consent issued may not have been complied with.
My Department's Engineering Division has been in close contact with the Council regarding this matter and has specified certain measures regarding the works which remain to be completed.
The works to be completed involve the removal of a temporary causeway and a method statement in relation to these works has been received from the Council. The method statement submitted has been examined by my Department's Engineering Division and the Council has been informed that amendments to the statement are required.
In addition, the Council has been instructed that no further works be undertaken without prior notice being given to my Department and approval of the method statement by my Department's Engineering Division.
123 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the amount of money farmers here have drawn down to date from the sheep farmers scheme; and if he will make a statement on the matter. [35205/08]
Rather than a single scheme to support sheep farmers, there is a series of measures in place, based on the recommendations of the Sheep Strategy Development Group report. These measures, which were announced by my predecessor, form a comprehensive package of support to address the challenges and opportunities that lie ahead for the sheep industry as a whole.
Good progress is being made in implementing the various measures. These include the following. National Reserve Payments of an additional €6m to qualifying sheep farmers were issued under the 2007 National Reserve.
REPS
My Department secured European Commission approval for a new supplementary measure in REPS 4 promoting mixed grazing of cattle and sheep. Under this supplementary measure a farmer can qualify for an annual payment of up to €1,000 in addition to his or her basic REPS payment. There have so far been some 12,000 farmers taking up REPS 4 of whom some 600 qualify for the supplementary measure.
Breed Improvement Programme
An Interim Sheep Breeding Board has been established representing my Department, pedigree breeders and producers and responsibility for the Pedigree Sheep Breed Improvement programme is currently being transferred to ICBF.
Mechanical Grading
Trials have been carried out on the use of new technology to allow for the mechanical grading of carcases in the sheepmeat sector and the results are being assessed.
Lamb Quality Assurance Scheme
The lamb quality assurance scheme, which was established in 2007, has seen some 6,000 farms being registered to date.
Bord Bia
Bord Bia is continuing to organise strategic marketing campaigns in selected European markets. Along with its French and British counterparts Bord Bia is undertaking a 3-year generic lamb promotion on the very important French market to promote lamb to younger consumers.
Teagasc
Teagasc have developed a comprehensive plan to restructure their sheep support services, including a programme for Technology Evaluation and Transfer farms, which includes hill and lowland areas.
These measures complement those to be taken by the industry itself in implementation of the Malone Report. I am satisfied that my Department is dealing satisfactorily with the areas of the report within its remit.
At EU level, the proposals in the Aylward Report to assist the sector were considered at a conference in Limoges, on 4 and 5 September which I attended. At that conference I made known my concerns for the future of the sheep industry both in Ireland and in Europe and fully supported moves by the French Presidency to pursue possible solutions to help the sector.
124 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food when an area (details supplied) in County Cork will be reclassified as severely disadvantaged. [35236/08]
The EU Commission is currently conducting a review of the Disadvantaged Areas Scheme across the Community. Council has mandated the Commission to conduct the review, with the intention of introducing a new system with effect from 2010. The proposal represents a move away from designation based on socio-economic factors, (declining rural population, low productivity and low farm incomes), to a methodology favouring physical characteristics, (soil type, poor climate, slope and altitude of land). Bi-lateral meetings between the Commission and Member States are taking place and following their conclusion the Commission intends to prepare a proposal for submission to the Council of Ministers. It is likely that the proposal will, if adopted by the Commission, be presented to the Council in Spring 2009. My officials and I will continue to work very closely with the Commission and through the Council of Ministers with a view to achieving the optimum outcome for Ireland.
125 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the progress made in relation to an application by a person (details supplied) in County Limerick under the farm waste management scheme; and if he will make a statement on the matter. [35237/08]
The person named is an applicant under the Farm Waste Management Scheme. Payment will be made by my Department to the person concerned shortly.
126 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of the sugar beet compensation in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [35245/08]
The various elements of the EU Sugar Reform package were designed to compensate former sugar beet growers and to assist them in diversifying into other farming activities, with the initial payments under the Sugar Restructuring Scheme, the first of the four elements of the compensation package, being made in June 2007. While the person named did hold a sugar beet quota in 2004, as he retired from farming by joining the Early Retirement Scheme in 2005, he is not eligible for the payments in question.
127 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food his views on extending the date for spreading slurry on agricultural land in view of recent heavy rainfall and poor ground conditions; and if he will make a statement on the matter. [35246/08]
The spreading of animal manures and slurry is governed by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations made by the Minister for the Environment, Heritage and Local Government. In view of the poor weather conditions in recent months, with the exceptional rainfall making land unsuitable at times for the spreading of livestock manures and slurry, I obtained the agreement of the Minister Gormley to an extension of the spreading period to 31 October. I am confident that this extension will give respite to those who felt unable to meet the deadline of 15 October laid down in the Regulations.
I would remind farmers that this is an extension of time only and all other rules remain in place. All landspreading activity is conditional on weather and ground conditions being suitable as set out in the European Communities (Good Agricultural Practice for Protection of Waters) Regulations. Livestock manures or any fertilisers may not be landspread when, for example, land is waterlogged, flooded or likely to flood, or frozen; or if heavy rain is forecast within 48 hours. Buffer zones are specified for different kinds of water bodies and fertilisers may not be applied within those buffer zones. In addition, the absolute prohibition on landspreading during the months of November and December remains.
128 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of the single farm payment and disadvantaged area payment in respect of persons (details supplied) in County Wexford; and if he will make a statement on the matter. [35247/08]
The 2008 Single Payment Scheme/Disadvantaged Areas application in this case was selected for an eligibility inspection by satellite. The inspection results have been returned and the application has been fully processed. Any payment due will issue shortly.
129 Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will be awarded their area aid from his Department; and the reason for the delay in issuing this payment. [35250/08]
The person named submitted a Single Payment Scheme/Disadvantaged Areas application in 2008 and his application was selected for an eligibility inspection by satellite. The inspection results have been returned and the applications for the person named have been fully processed. Any payment due will issue shortly.
130 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the historical, cultural and recreational significance of Donadea Forest Park, Donadea, County Kildare in the ownership of Coillte Teo; if he has received communication from his ministerial colleagues or local community support groups in the context of a comprehensive development plan to acquire the property for development as a national park similar to a number of other such projects throughout the country and which would involve the restoration of Donadea Castle and ancillary buildings, having particular regard to the potential benefit, locally and nationally; and if he will make a statement on the matter. [35321/08]
Donadea Forest Park is owned and managed by Coillte Teoranta, which was established as a private commercial company under the Forestry Act, 1988. Day-to-day operational matters, such as the management of parks, are the responsibility of the company.
I have been advised by the company that this park is one of the most widely used Coillte Forest Parks and is a popular recreation area with visitor numbers estimated in excess of 100,000 per annum.
As regards the acquisition of the property for development as a national park, as mentioned by the Deputy, I wish to advise that I have not received any such communication.
131 Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35500/08]
While this is an operational matter for the individual State Agencies under the aegis of the Department of Agriculture, Fisheries and Food, I understand that none have funds invested in Icelandic financial products.
132 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if his attention has been drawn to the fact that the new catchment areas in and around Wicklow town are forcing some families to drop off their children in two separate locations in order to avail of the bus service, with some children being able to get their bus in Wicklow town while others must be dropped off in Ashford village; if his attention has further been drawn to reports that officials are telling parents of children in the local Gaelscoil that they should send their children to an English speaking school if they have difficulty with the bus service; if he will intervene; and if he will make a statement on the matter. [35192/08]
Under the terms of my Department's Post Primary School Transport Scheme, pupils are eligible for transport if they reside 4.8 kilometres or more from and are attending their nearest Gael Choláiste.
Parents who choose to enrol their children in a Gael Choláiste, other than the nearest are not eligible for school transport. Eligibility for transport for new applicants residing in the Wicklow area was reviewed following the recent establishment of a new Gael Choláiste in Arklow.
133 Deputy Ruairí Quinn asked the Minister for Education and Science the amount of fees collected in respect of the junior certificate and the leaving certificate examination for each of the years 2002 to 2008; and if he will make a statement on the matter. [35197/08]
Operational responsibility for the Junior and Leaving Certificate examinations, including the collection of fees, is a matter for the State Examinations Commission.
The amount of fees collected for each of the examination years 2002 to 2008 is as follows;
|
Year |
€ |
|
2002 |
6,732,834.12 |
|
2003 |
6,848,749.23 |
|
2004 |
7,396,293.06 |
|
2005 |
8,084,004.95 |
|
2006 |
7,962,013.83 |
|
2007 |
8,117,638.38 |
|
2008 |
7,939,283.70 |
This covers fee income for the Junior and Leaving Certificate examinations in respect of all students, other than those entitled to a waiver of fees, including repeat and external candidates. A separate breakdown is not available in respect of the Junior and Leaving Certificate. Holders of medical cards, or their dependants are entitled to a waiver of fees.
134 Deputy Ruairí Quinn asked the Minister for Education and Science the way the standard procurement system for the building of new schools works; the role of an architect in this system; if he will explain the bidding process; the amount architects are paid for their involvement in school building projects under this system; the services included within these architects fees; and if he will make a statement on the matter. [35198/08]
Since January 2007, all new construction consultancy appointments have been on a competitive fee basis using the new Government Conditions of Engagement. The level of fees will, therefore, vary from project to project. With regard to construction contracts, my Department has also implemented fixed price tendering in accordance with Department of Finance guidelines on Construction Procurement Reform.
The role and scope of services for an architect is as specified in the invitation to tender documents for consultants for that project, which on most projects will be in accordance with my Department's Design Team Procedures 2007, which are available on my Department's website.
135 Deputy Ruairí Quinn asked the Minister for Education and Science the recent contacts he has had with the Royal Institute of the Architects of Ireland or official representatives thereof; the issues or topics he has discussed with the RIAI, including his recently expressed concerns regarding the high level of architectural fees for school buildings; the outcomes reached during communication with the RIAI; and if he will make a statement on the matter. [35199/08]
I recently received a letter from the President of the Royal Institute of the Architects of Ireland on the issue of architectural fees for school buildings. I have issued a reply to this letter.
In my reply, I noted the need to ensure better value for money in the procurement and construction of schools. At all times, but in particular in the current economic circumstances, value for money in the delivery of the Capital Programme is essential to ensure that the maximum benefit accrues to the greatest number of schools, their pupils, their teachers and the parents.
I also referred to the new competitive process for the procurement of Design Consultants and pointed out that my Department has pioneered the appointment of Design consultants on a competitive basis with fee bidding for Consultants for my Department's Generic Repeat Design schools introduced in early 2004.
My reply also notes that my Department operates in accordance with the relevant national regulations, EU Directives and the Technical Guidance Documents published by the Department in relation to the procurement of consultants for construction projects.
I look forward to working with the RIAI and other partners in the construction industry to ensure that value for money is achieved for the taxpayer in the implementation of the school building programme.
136 Deputy Phil Hogan asked the Minister for Education and Science if he will approve and sanction a second Gaelscoil for Kilkenny City in view of the increasing demand for same by parents and pupils; and if he will make a statement on the matter. [35209/08]
As the Deputy will be aware, I have recently announced a review of the procedures for the establishment of new primary schools under the Commission on School Accommodation.
I intend to establish a Technical Working Group under the Commission to undertake a full review of the criteria and procedures for the recognition of new primary schools. This working group will begin work in the coming weeks and it is expected that the review of procedures for recognising primary schools will be completed and revised arrangements in place within a two year timeframe.
In the interim period it is not proposed to recognise any new primary schools, except in areas where increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. This means that new schools will not be established for reasons not related to demographic growth in areas where there is already sufficient school accommodation or where increases can be catered for by extending existing school accommodation.
137 Deputy Joe McHugh asked the Minister for Education and Science the secondary schools in County Donegal that are using assistive technology geared toward specific literary support for students with dyslexia; the schools in County Donegal that have applications with his Department for such technology; and if he will make a statement on the matter. [35211/08]
My Department provides for a scheme of grants towards the purchase of equipment for the use of students in second-level schools who have been diagnosed as having serious physical and/or communicative disabilities of a degree which makes ordinary communication through speech and/or writing impossible for them. The purpose of the grant-aid is to provide the students in question with equipment of direct educational benefit to them. Examples of such equipment include computers, word processors, tape recorders, software, etc.
The scheme is driven by applications from schools on behalf of individual students, as and when specific needs present. Following the establishment of the National Council for Special Education (NCSE), all applications for assistive technology are submitted by school management to the Special Educational Needs Organiser (SENO) with assigned responsibility for the school. The SENO examines applications and makes a recommendation to my Department. My Department only maintains records of applications for the Assistive Technology Grant. Since 2003 the following second level schools in Donegal have been approved for an Assistive Technology Grant to purchase equipment and/or software to assist students with dyslexia:
Errigal College, Letterkenny
Abbey Vocational School, Donegal Town
St Catherine's Vocational School, Killybegs
Scoil Mhuire, Buncrana
Magh Éne College, Bundoran
Carrick Vocational School
Coláiste Cholmcille, Ballyshannon
St Columba's Comprehensive, Glenties
Carndonagh Community School.
My Department has no current applications for assistive technology from second level schools in Donegal.
138 Deputy Damien English asked the Minister for Education and Science when an application for a higher education grant will be decided on for a person (details supplied) in County Meath; and if he will make a statement on the matter. [35224/08]
The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the local authority or VEC, as appropriate. These bodies do not refer individual applications to my Department, except in exceptional circumstances. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.
139 Deputy Brian Hayes asked the Minister for Education and Science the cost to his Department in respect of paying funds to the DIT for the purposes of protecting the existing buildings on the Grangegorman site; when his Department will commit funds for the transfer of the existing DIT campus to the new Grangegorman site; and the costs involved for his Department to date. [35226/08]
The Grangegorman site is currently in the ownership of the Health Service Executive and any costs associated with the maintenance of buildings on the site is therefore a matter for the HSE. As the Deputy is aware the Grangegorman Development Agency was established under Section 8 of the Grangegorman Development Agency Act 2005. The general aim of the Agency is to oversee the development of the lands at Grangegorman on behalf of the Departments of Education and Science, Health and Children, Dublin Institute of Technology and the Health Service Executive.
Section 12 of the Act provides that the Agency following its establishment must prepare a Strategic plan consisting of a written statement and a plan indicating the objectives for the development of the Grangegorman site, including the setting of a budget for the strategic plan subject to the approval of the Minister for Education and Science together with a strategy for its delivery within the set budget. A total of €3.6 million was provided to the Agency during the period 2006-2007 with a further allocation of €7m being provided in 2008 for the preparation of the Strategic Plan. The draft Strategic plan has been received by my Department and is currently being considered. It is my intention that the plan will be submitted to Government as quickly as possible.
140 Deputy Phil Hogan asked the Minister for Education and Science when a new school (details supplied) in County Carlow will be sanctioned; and if he will make a statement on the matter. [35229/08]
The building project for the school to which the Deputy refers is 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 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.
141 Deputy Thomas Byrne asked the Minister for Education and Science the plans to develop a new building at a school (details supplied) in County Meath. [35232/08]
The project for the schools referred to by the Deputy has advanced to the stage that the school authorities have agreed the Schedules of Accommodation for two 24 classroom schools. The progression of all large scale building projects from initial design stage through to tender and construction, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme. In light of current competing demands on my Department's capital budget, it is not possible to give an indicative timeframe for the further progression of the project at this time.
142 Deputy Catherine Byrne asked the Minister for Education and Science, further to Parliamentary Question No. 566 of 30 September 2008, if there have been recent transfers of staff from County Dublin VEC psychological services to the National Educational Psychological Service; if the resulting vacant positions within County Dublin VEC have been filled; and if he will make a statement on the matter. [35255/08]
County Dublin VEC has operated a Psychological Support Service since 1992. I understand that a number of psychologists have left positions with this Psychological Support Service to take up posts with the National Educational Psychological Service (NEPS). My Department has been informed by the VEC that there are currently three vacancies within County Dublin VEC's Psychological Support Service which have recently arisen as a result of individuals taking up employment with NEPS. Recruitment of staff to fill these vacancies is entirely a matter for the VEC. My Department understands that recruitment for these positions is due to commence shortly.
143 Deputy Catherine Byrne asked the Minister for Education and Science the number of people currently on waiting lists for psychological services within the County Dublin VEC; and if he will make a statement on the matter. [35256/08]
County Dublin Vocational Education Committee has responsibility for operational matters relating to the psychological services to which the Deputy refers. In view of this, I have forwarded your query to the Chief Executive Officer of Co Dublin VEC for direct reply to you.
144 Deputy Finian McGrath asked the Minister for Education and Science the position regarding a school (details supplied) in Dublin 5. [35268/08]
I am pleased to inform the Deputy that on 29 September, I announced that the project in question could proceed. My Department has contacted the school authorising them to progress the project. As the Deputy will be aware, from February 2008 all Capital Works Projects must use the new GCCC Forms of Construction Contracts for Public Works and, as a result, the school have been informed that the tender documents for this project will have to be revised prior to proceeding to tender.
145 Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied). [35269/08]
My Department funds and provides a range of supports to address the eradication of bullying in schools. Disaggregating all costs related to bullying across these measures that are sometimes part of an integrated policy, is not fully possible.
Each school is required to have in place a policy which includes specific measures to deal with bullying behaviour, within the framework of an overall school Code of Behaviour and Discipline. Such a code, developed through consultation with the whole school community and properly implemented, can be the most influential measure in countering bullying behaviour in schools.
My Department has issued guidelines and templates to schools in devising measures to prevent and deal with instances of bullying behaviour and to increase awareness among school management authorities of their responsibilities in this regard. "Guidelines on Countering Bullying Behaviour" were issued in 1993 and drawn up following consultation with representatives of school management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of their school.
In 2007 my Department published policy templates for post-primary schools in five key areas, including anti-bullying on its website as part of our ongoing efforts in this regard. The template documents are not prescriptive, but rather highlight possible approaches and potential material for inclusion in school policies and takes account of more recent legislative and regulatory changes. Reference is also made to issues of contemporary concern such as the need to tackle text bullying, cyber-bullying and homophobic bullying.
The National Educational Welfare Board (NEWB) has developed further guidelines for schools on Codes of Behaviour, as provided for under section 23 of the Education (Welfare) Act 2000. These guidelines have been informed by broad consultation.
Once schools have had an opportunity to familiarise themselves with the NEWB Guidelines, my Department will commence the process of revising and updating its own Guidelines. This review will take into account issues such as legislative developments, the involvement of the support services available to schools, technological advancements such as use of the Internet, e-mail, mobile phones and camera phones and the latest developments in international best practice on dealing with bullying behaviour.
The National Behaviour Support Service (NBSS) was established in 2006 in response to the recommendation in "School Matters", the report of the Task Force on Student Behaviour in Second Level Schools. The NBSS is currently working with 50 Post Primary Schools to promote and support positive student behaviour.
The work of the NBSS is carried out by a multi-disciplinary professional team comprising a National Co-ordinator, Assistant National Co-ordinators, Psychologists, Regional Development Officers, Literacy Development Officer, Research and Development Officer and Associates. Their current annual allocation is approximately €2 million.
The education of students in both primary and post-primary schools in relation to anti-bullying behaviour is part of the SPHE curriculum. SPHE is now a compulsory subject both at primary level and in the junior cycle of post-primary schools.
Funding is provided to support the provision of continuing professional development to enable teachers counter bullying. In 2008, €133,850 is being allocated towards the Dublin Cool Schools Pilot Project (DCSPP) which is a pilot anti-bullying support service for second-level schools. The DCSPP promotes a whole school approach to the management of bullying; using the Cool School Programme it provides training and support at school, class and individual levels.
It is consistent with the Department of Education and Science Guidelines on Countering Bullying in Primary and Post-Primary Schools. This project recognises that SPHE is the overarching context for dealing with bullying in schools and indeed, in that context the Primary Professional Development service and SPHE Support Service also provide support to schools in addressing the issue of bullying within the context of SPHE and the Health Promoting School.
Other training in the area of bullying includes a range of summer courses. An online summer course Awareness & Prevention of Bullying among Adults & Children was run, in 2008, by Hibernia College with 274 participants. The Drumcondra Education Centre, ran several courses summer courses for 1,300 participants during 2008, which had elements of anti bullying included in their content. These included Promoting Positive Behaviour and Managing Classroom Behaviour.
My Department through the National Centre for Technology in Education addresses the issue of cyberbullying in the context of its programme of initiatives in the area of internet safety and provides funding in relation thereto. The initiatives often cover a range of issues in addition to cyberbullying.
146 Deputy Finian McGrath asked the Minister for Education and Science if he will support a school (details supplied) in Dublin 5. [35270/08]
The syllabus for the Leaving Certificate Technical Drawing was revised by the National Council for Curriculum and Assessment (NCCA). The name of the subject was changed to Design and Communications Graphics and the new subject was introduced in September 2007, into a number of selected Post-Primary schools, for examination for the first time by the State Exams Commission (SEC) in June 2009.
The implementation of a revised syllabus for an existing subject and / or the implementation of a new subject into the school curriculum require careful planning and considerable financial resources. The extension of this syllabus into further schools will be considered in light of current competing demands on the capital budget of the Department
My Department has no record of correspondence from this school seeking funding to introduce the new curriculum in Design and Communications Graphics. When schools were initially assessed for the new syllabus, this school had no pupils taking Junior Cert Technical Drawing at that stage. Therefore the school would not have a cohort of pupils in September 2007 to whom the new Design and Communications Graphics course could be offered. In these circumstances the school was not considered for the first phase of introduction of the new syllabus.
147 Deputy Finian McGrath asked the Minister for Education and Science the position regarding a matter (details supplied). [35271/08]
Physical education is part of the primary curriculum and is taught by primary teachers in schools throughout the country. My Department has no plans to introduce additional resources in primary schools such as those referred to by the Deputy.
148 Deputy Finian McGrath asked the Minister for Education and Science if he will support a school (details supplied) in Dublin 3. [35272/08]
The building project for the school to which the Deputy refers is at an advanced 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 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.
149 Deputy Deirdre Clune asked the Minister for Education and Science his views on introducing an ebook initiative to reduce the cost and weight of school books; and if he will make a statement on the matter. [35278/08]
Apart from a small number of prescribed texts at second level (mainly in the case of language subjects) school textbooks are not approved or prescribed by my Department at first or second level. Decisions on which books to use are taken at school level.
The publication and sale of school books are in the hands of independent commercial enterprises and it is not open to me to compel publishing companies to produce texts in a particular format.
The Report of a Working Group to examine potential problems caused by the weight of schoolbags, which was presented in July, 1998, acknowledged that many of the solutions belong at local school level.
One of the main recommendations of the report related to the need to heighten the awareness of the potential health hazards posed by excessively heavy schoolbags and in this regard, my Department initiated an awareness-raising campaign by disseminating the report, with an accompanying circular, to all primary and post-primary schools.
A further circular was issued in 2005, again highlighting the potential health hazard of heavy schoolbags and outlining a range of measures that could be adopted at school level in order to alleviate the problem. Ultimately it is a matter for each individual school to choose those measures that would be most suited to its individual needs and that fit with how the school organises teaching and learning. The Report of the Working Group makes various recommendations in this regard, such as optimum use of storage facilities, developing pupil organisation skills and timetabling.
My Department is aware that positive action has been taken by many schools on these issues. Actions taken consist of a range of measures including the provision of lockers and in the case of second level schools the arrangement of the timetable into double class periods, active liaison with parents and the co-ordination of homework by subject teachers.
A copy of the report of the Working Group on the Weight of School Bags and all current circulars in relation to this issue are available on my Department's website at www.education.ie.
150 Deputy Brian Hayes asked the Minister for Education and Science if he will provide details of the student email project undertaken by HEANet, Ireland’s National and Education Research Network, including the full details of all moneys expended on the project to date including current maintenance or support contracts; when this money was paid along with full details of the uses made of the student email project to date; and if he will make a statement on the matter. [35280/08]
My Department is providing broadband connectivity to recognised primary and post-primary schools under the Schools Broadband Access Programme. This programme is being undertaken in partnership with industry in the context of a Government — IBEC/TIF (Telecommunications and Internet Federation) Agreement to provide local broadband connectivity to schools. The Programme has three elements — local connectivity to schools, a national broadband network and a broadband support service desk. Schools connectivity is being routed to the Internet through a national broadband network, which is supported by HEAnet. The broadband support service desk has been established to interface between the network, the local broadband service Access Providers and schools. It is managed by the National Centre for Technology in Education (NCTE). In addition to connectivity, the National Broadband Network, supported by HEAnet, provides centrally managed services for schools such as security, anti-spam/ anti-virus and content filtering.
Tenders were invited for the delivery, installation, commissioning and maintenance of an email service for the National Broadband Network in September, 2004 and the subsequent contract was signed in November, 2005. Following the infrastructural build for the project and the piloting of the system, HEAnet signed-off on the service in September, 2006. While the contract provided for the system management for the first year, HEAnet have been supporting the system in-house from the first renewal date.
The costs of the email service to date are €476,750 (exclusive of VAT) which include the hardware and software components and the professional services for build and training on the system. A further €72,000 was expended on the first year externally managed service, as was provided for in the contract. As the email service is built primarily of open-source software components, there are no ongoing software license fees other than that which applies for the commercial anti-spam service element (currently €5,000 per annum). HEAnet hosts the email service hardware, along with the other hardware associated with the Schools Broadband Network, at a HEAnet data centre facility and my Department meets the associated hosting costs. The particular costs of hosting the hardware acquired for the email service is approximately €60,000 per annum.
While the spam scanning component of the service is generally available to schools, only those schools that participated in the pilot phase currently have access to the email service. My Department will continue to consider the future potential for the wider application of the email service.
151 Deputy Michael Ring asked the Minister for Education and Science the arrangements that have been explored in relation to providing a visiting teacher for visually impaired children in County Mayo. [35284/08]
152 Deputy Michael Ring asked the Minister for Education and Science the number of people who had been availing of the visiting teacher service for visually impaired people in County Mayo prior to its cessation. [35285/08]
153 Deputy Michael Ring asked the Minister for Education and Science the annual costs, in each of the past five years, of providing a visiting teacher service for visually impaired children in County Mayo. [35286/08]
I propose to take Questions Nos. 151 to 153, inclusive, together.
In relation to Co. Mayo, referral agencies, schools and parents of pre-school children with visual impairment currently are being informed by Visiting Teacher management of an interim telephone advisory service that is now being provided while alternative arrangements for a Visiting Teacher presence in Co. Mayo are examined. New referrals to the service continue to be accepted and assessed.
Most recent caseload figures for Co. Mayo show a total of 51 children who are eligible for support from the Visiting Teacher service on current criteria. These break down as follows: 6 of pre-school age, 23 in primary schools, 8 at second-level and 14 in special schools.
Costs relating to the provision of the Visiting Teacher service in Co. Mayo are being calculated in my Department and the relevant details will be sent to the Deputy as soon as they have been compiled.
154 Deputy Leo Varadkar asked the Minister for Education and Science the reason he refused a request from a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [35306/08]
The Department was made aware of proposals to establish a new Gaelscoil to serve Tyrellstown/Hollystown in August 2008. A formal ‘Notification of Intent' to establish this new school was received from the proposed Patron, An Foras Patrunachta in September 2008.
However, as the Deputy will be aware, I announced a review of the procedures for recognising primary schools on 14th September last. In the interim period, it is not planned to recognise any new primary schools except in areas where increases in pupil numbers that cannot be catered for in existing schools require the provision of new schools. This means that new schools will not be established for reasons not related to demographic growth in areas where there is already sufficient school accommodation or where the increases can be catered for by extending the existing school accommodation.
The application to establish a new Gaelscoil to serve Tyrellstown/Hollystown will be considered in this context. If the school receives provisional recognition the provision of suitable temporary accommodation is a matter for the Patron/Board of Management. In that context and on the basis that the school has not yet received recognition, the founding Committees application for direct provision of accommodation by the Department was refused.
155 Deputy Leo Varadkar asked the Minister for Education and Science the options available from his Department or its agencies for preschools in respect of children with autism or autistic spectrum disorder; and if he will make a statement on the matter. [35307/08]
As the Deputy may be aware, the vast majority of support for childcare, including pre-school education, is not provided by my Department, but is now provided by the Office of the Minister for Children under the National Childcare Investment Programme 2006-2010 which is the successor programme to the Equal Opportunities Childcare Programme.
The Deputy will be aware of my commitment to ensuring that all children, including those with autism, receive an education appropriate to their needs. There are now 35 early intervention classes for children with autism attached to mainstream schools that are funded by my Department.
Funding is also provided through the home tuition programme for children with autism aged from 2 ½ years to 5 who are unable to access an early intervention class. A child aged 2½ years of age is funded for ten hours per week for an early intervention home based programme. This increases to 20 hours per week once the child is 3 years of age.
156 Deputy Olwyn Enright asked the Minister for Education and Science the status of an application by a school (details supplied) in County Offaly; when the school will be advised of the way to proceed on this matter; and if he will make a statement on the matter. [35367/08]
I can confirm that the school to which the Deputy refers has applied to my Department for large scale capital funding for a new school building. My Department will be in contact with the school authority when an assessment of the application has been completed.
157 Deputy Ciarán Lynch asked the Minister for Education and Science if public bodies here have invested funds in Icelandic financial products; the status of such investments; and if he will make a statement on the matter. [35505/08]
My Department has no such investments and is not aware of any such investments held by bodies under its aegis.
