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Dáil Éireann debate -
Thursday, 27 Nov 2008

Vol. 669 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 11, inclusive, answered orally.

Social and Affordable Housing.

Aengus Ó Snodaigh

Question:

12 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will estimate the number of social housing units that will be provided in 2009; and the plan he has to make up the shortfall on the national development plan commitment of 27,000 per year since 2007. [43081/08]

Aengus Ó Snodaigh

Question:

21 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will confirm that he will not be in a position to meet the national development plan social housing target for 2009 in view of his Department’s ongoing failure to meet its own NDP social housing commitments, the 9% cut in real terms in the overall housing budget for 2009, and the 7% cut in real terms in his Department’s social housing budget for 2009. [43080/08]

I propose to take Questions Nos. 12 and 21 together.

I wish to clarify the position in relation to the targets for social housing and the actual delivery achieved as there seems to be some confusion in this regard. The commitment entered into by the Government under the social partnership agreement, Towards 2016, was to achieve 27,000 social housing "starts" over the three year period 2007 to 2009 as a whole, not 27,000 in each of the three years. In terms of delivery, we set out to reach the first one third of this 27,000 unit target — or 9,000 "starts" — in 2007, the first of the three years in the target period. By end-2007, we had exceeded this target, with a total of 9,061 "starts" achieved across the local authority and voluntary and co-operative housing programmes and the Rental Accommodation Scheme.

All the indications available to us at this stage would suggest that 2008 will be another year of significant delivery under the main housing programmes. Our target is to achieve a further 9,000 social housing "starts" this year and we should have a clear picture of the full year delivery for 2008 towards the end of the first quarter of next year. Looking to the future, the results of the 2008 Housing Needs Assessment to be finalised shortly will show a significant increase in overall net housing need, against a background of a significantly more constrained fiscal environment. While the €1.54 billion in funding provided for social housing in the 2009 Estimates is some 1.7% less than in 2008, account must be taken of the fact that we have relieved some of the pressure on the programme in 2009 by securing an additional €80m of investment, this year, under the Capital Loan and Subsidy Scheme for voluntary housing projects.

The €1.54 billion provision for next year represents a very significant commitment on the part of the Government — equivalent to some €4.2m per day — and will allow us to maintain strong momentum towards meeting the 27,000 target for the 2007 to 2009 period as a whole. Our ultimate performance versus the target will be dependent on the extent to which we make optimum use of the available funds in meeting housing need. One option that my Department will be pursing with local authorities will be the use of long term lease arrangements for social housing purposes, to supplement the more traditional methods of delivery. I believe that this would provide a more cost effective, targeted approach, in line with the principles of the life-cycle approach endorsed by the social partners.

Hunt Licences.

Sean Sherlock

Question:

13 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if he will confirm if there is a hunt club licensed (details supplied) in County Cork. [37478/08]

No hunt licence has been issued by my Department in respect of the Doneraile Hunt Club nor, I understand, is such required.

Building Energy Rating.

Michael D'Arcy

Question:

14 Deputy Michael D’Arcy asked the Minister for the Environment, Heritage and Local Government the number of people qualified to conduct energy efficiency surveys of lived in dwellings as part of the building energy rating programme; if he will use January 2009 as a start date for BER ratings of used dwellings for sale and rent; and if he will make a statement on the matter. [43135/08]

The EU Directive on the Energy Performance of Buildings was transposed into Irish law in the form of the European Communities (Energy Performance of Buildings) Regulations 2006. In accordance with these Regulations an existing dwelling, which is offered for sale or letting on or after 1 January 2009, will require a Building Energy Rating (BER) certificate similar to that currently required for new dwellings. To date 3,726 persons have successfully completed training courses with training providers accredited by Sustainable Energy Ireland (SEI) in relation to the BER certification of new dwellings; some 903 of these trained assessors have so far registered with SEI as BER Assessors.

Existing BER Assessors who are registered with SEI to undertake BER Assessments for new dwellings may now, subject to completing a declaration of their competence and familiarity in relation to, inter alia, the survey methodology for existing dwellings and the operation of the relevant software, register as BER Assessors for existing dwellings. Over 340 persons have done so to date. SEI is confident that this number will increase considerably in the lead up to 1 January 2009.

Social and Affordable Housing.

Phil Hogan

Question:

15 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his views on whether the home choice loan scheme operated by his Department could lead to negative equity problems for first-time buyers; and if he will make a statement on the matter. [43157/08]

As indicated during the debate on Budget 2009, it is important that the ongoing process of correction in the housing market is not artificially interfered with. Given that sentiment in the housing market is heavily dependent on wider sentiment in the economy, the Government's approach is focused on the broader economic fundamentals and ensuring, ultimately, that the housing market is underpinned by these. Any housing specific interventions must be targeted in nature and designed to achieve specific outcomes. The announcement in the Budget of the introduction, for a limited period, of the new Home Choice loan product for certain first-time buyers is fully in line with this policy.

The scheme is designed to respond to a very specific set of circumstances in the housing market whereby prospective middle income first-time buyers who would previously have been in a position to access mortgage finance from one of the financial institutions are not currently in a position to do so, due to the impacts of the credit crunch. The scheme will be governed by a detailed, robust and prudent credit policy which is now being finalised. In addition, it should be recognised that the initiative provides no financial incentive to enter the housing market for those who believe that the process of correction has yet to conclude; it will merely facilitate certain first-time buyers who have themselves decided to purchase a home at this time.

Rental Accommodation.

Ruairí Quinn

Question:

16 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the measures he will put in place to ensure that local authority owned rented dwellings are of a standard similar to that expected of private rented dwellings. [43062/08]

The minimum standards for rented accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993. These regulations apply to local authority and voluntary housing units as well as private rented accommodation and local authorities have responsibility for the enforcement of the regulations in relation to all properties — local authority, voluntary and private. In the Partnership Agreement Towards 2016 the Government committed to updating these minimum standards and recently delivered on this commitment by approving a package of measures. Revised regulations introducing higher standards for sanitary and cooking facilities, heating, ventilation and lighting will come into effect on 1 February 2009 and, with a limited exemption for the provision of white goods, will apply to local authority housing units.

The key element in ensuring good standards of local authority housing is the performance of local authorities in relation to the maintenance and, where necessary, improvement of their housing stock. These are matters in respect of which local authorities have a significant degree of devolved responsibility and which are subject to oversight by the elected members of each individual authority. This role is to be strengthened further under the Housing (Miscellaneous Provisions) Bill 2008, currently before the Seanad, particularly in terms of the requirement to be placed on local authorities to prepare, and submit to the elected members for approval, Housing Services Plans, addressing a wide range of quality-related issues relating to their housing stock, including their management and maintenance policies.

Local authorities undertake planned maintenance and general improvement works to their own housing stock as part of their annual improvement works programme. This programme is submitted for approval to my Department and is funded from the authorities' own internal capital receipts. In 2008, it is expected that in the order of €150 million will be spent on improving local authority stock across the country. As announced in Budget 2009, an audit of the local authority stock will begin next year, in preparation for a programme for retrofitting to deliver improved energy efficiency; this programme will be informed by a number of pilot projects for which €5 million has been earmarked in 2009.

Waste Disposal.

Frank Feighan

Question:

17 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the length of time it will take to establish a mechanical and biological treatment system on the scale which would only leave 400,000 tonnes of waste for incineration; if this system will be established in time to meet EU landfill directives; the estimated cost of establishing MBT on this scale; and if he will make a statement on the matter. [43148/08]

The projections to which I have referred, for 2016, are based on the existence by then of mechanical and biological treatment (MBT) on the necessary scale. Relevant issues in that regard, such as the implementation timescale and cost of putting MBT in place, are being examined in depth in the International Review of Waste Management Policy that is currently underway. The initial targets under the Landfill Directive are more immediate as they relate to 2010 and the existing measures under the National Biodegradable Waste Strategy are designed to achieve these targets.

I have also indicated my intention to introduce primary legislation to allow significant increases in the landfill levy and a Regulatory Impact Analysis for this purpose has just been completed. My Department, in addition, is working with industry towards the development of a Statutory Instrument for the segregation of commercial biodegradable waste. The roll out of the ‘brown bin' source-segregated collection system for organic waste is a core element of the National Strategy on Biodegradable Waste and will play a critical role in accelerating the diversion of organic waste from landfill as required by the EU Landfill Directive. A circular on the matter issued to local authorities on 31 July 2008 and is available on my Department's website. I am confident that these measures will contribute significantly to the attainment of the targets for the diversion of biodegradable waste from landfill.

Question No. 18 answered with Question No. 8.

EU Directives.

Róisín Shortall

Question:

19 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to transpose the European Union public participation directive to give rights to the public to information, public participation and access to justice in environmental matters; and if he will make a statement on the matter. [43041/08]

Joanna Tuffy

Question:

54 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps that have been taken for Ireland to ratify the Aarhus Convention and to grant the public rights to information, public participation and access to justice in environmental matters; and if he will make a statement on the matter. [43039/08]

I propose to take Questions Nos. 19 and 54 together.

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC). The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on Public access to environmental information.

Transposition of EU Directive 2003/35/EC on Public Participation in certain environmental decision making procedures requires the amendment of a number of consent systems relevant to two existing Directives — the Environmental Impact Assessment (EIA) Directive and the Integrated Pollution Prevention and Control (IPPC) Directive. The process to transpose the Public Participation Directive is already well advanced, with legislation completed to amend the majority of the relevant consent systems.

The work to amend the remaining outstanding consent systems will be finalised by the Departments concerned as soon as possible. When this work has been completed I, along with the Minister for Foreign Affairs, will ensure that the instrument of ratification of the Aarhus Convention is submitted to Government and laid before the Dáil as soon as possible.

Planning Issues.

Michael D. Higgins

Question:

20 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the steps that will be taken to amend planning legislation in order to ensure that future development is sustainable; and if he will make a statement on the matter. [43049/08]

The Planning and Development Act 2000 updated and modernised planning legislation and introduced a range of measures to pursue sustainable development through the forward planning and development management processes and the enforcement of planning legislation. Development plans, prepared by local authorities under Part II of the Act, currently provide the over-arching strategic framework for development with a view to ensuring its sustainability in economic, social and environmental terms. Development plans must provide clear guidance on sustainable development policies and objectives, both national and local, which address the full range of sustainability issues such as climate change, waste management, transport, urban development, sustainable communities and the use of natural resources. Local area plans translate these objectives at local level.

The legal provisions in relation to development plans are underpinned by statutory guidelines issued by my Department in June 2007 entitled Development Plans — Guidelines for Planning Authorities which are available on my Department's website at www.environ.ie. Guidelines on Sustainable Residential Development in Urban Areas are also being finalised for publication before the end of this year; the draft guidelines are available on my Department's website.

The Government's legislation programme, published on 23 September 2008, provides for the drafting of a General Scheme of a Planning and Development (Amendment) Bill, work on which is well advanced in my Department. In general terms the Bill will aim to:

ensure a closer alignment between the National Spatial Strategy, Regional Planning Guidelines, development plans and local area plans;

ensure that the zoning of land is sustainable and supports the best use of state investment in infrastructure; and

address a number of European Court of Justice judgments relevant to the planning area.

Question No. 21 answered with Question No. 12.

Register of Electors.

Liz McManus

Question:

22 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the amount of money being spent in regard to the awareness campaign relating to the draft register of electors. [43059/08]

Each year an awareness campaign is run by my Department related to the Draft Register of Electors. Following a competitive tendering process, First Advertising Ltd. were appointed to undertake the 2008 nationwide awareness campaign to coincide with the period (from 1 November to 25 November) when the Draft Register is on display in public offices, such as City and County Council offices, Garda stations, libraries and post offices, and on-line at www.checktheregister.ie.

The objective of the campaign was to encourage voters to check the Draft Register to ensure that they are correctly registered and to advise them to inform the appropriate City or County Council of any errors or omissions in the Draft Register. In addition, the campaign reminded the electorate that the right to vote is an important entitlement and it emphasised that people cannot vote unless they are correctly registered. The campaign cost was €157,097.

Rental Accommodation.

Paul Kehoe

Question:

23 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government if he will reconsider the four-year time frame for compliance with proposed new rental accommodation standards regulations; and if he will make a statement on the matter. [43160/08]

Brian O'Shea

Question:

37 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government his views on whether from 1 February 2009 not even the current minimal standards can be enforced on landlords of existing dwellings as they will inevitably claim the four year exemption. [43058/08]

Mary Upton

Question:

42 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government if the Housing (Miscellaneous Provisions) Bill will be passed into law by the end of this session in order to meet the projected target of 1 February 2009 for the implementation of the standards reform package. [43054/08]

I propose to take Questions Nos. 23, 37 and 42 together.

Minimum standards regulations for rental accommodation are currently prescribed in the Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These regulations specify requirements in relation to a range of matters, such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations and recently delivered on this commitment by approving a package of measures. A number of elements of this package require amendments of primary legislation and these are being addressed during the passage, through the Oireachtas, of the Housing (Miscellaneous Provisions) Bill 2008, currently before the Seanad. These include increased penalties for non-compliance and the introduction of a more robust sanctions regime.

Those elements of the package not requiring primary legislation will be introduced through new regulations to replace those made in 1993. Regulations for this purpose, which will be made shortly, will come into effect generally on 1 February 2009. However, taking account of views expressed in wide-ranging consultations during the development of the new standards package, certain elements of the new regulations will not come into effect for existing rental accommodation until 1 February 2013 as it will be necessary to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance.

The aspects covered by those provisions — sanitary facilities, heating facilities and food preparation, storage and laundry — will therefore continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until then, in so far as existing rental accommodation is concerned. However, any rental properties being let for the first time after 1 February 2009 will have to comply with all the requirements of the new Regulations.

Departmental Legal Costs.

Willie Penrose

Question:

24 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will confirm recent reports that he is to defray the legal costs incurred by an association (details supplied) and some individuals in a recent Supreme Court action regarding the proposed incinerator; the source of such funding; and if he will make a statement on the matter. [43065/08]

The proceedings taken in the High Court by the association and some individuals against the State have been struck out. The State did not seek its costs in these matters and has also agreed not to pursue the Supreme Court costs orders recently awarded against those involved.

Planning Issues.

Joanna Tuffy

Question:

25 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps he is taking in response to the judgments in November and July 2008 and over a year ago in separate cases that Ireland has not fulfilled its requirements under the environmental impact assessment directive and that it is not requiring environmental impact assessments in respect of many developments that it should; and if he will make a statement on the matter. [43037/08]

I refer to the reply to Question No. 409 of 4 November 2008 concerning Ireland's response to the European Court of Justice (ECJ) judgement of 3 July 2008. The position is unchanged. The ECJ judgement in case C-66/06 was delivered on 20 November 2008. The case primarily concerns legislative provision for screening of certain on-farm projects to determine whether they should be subject to an environmental impact assessment (EIA). The ECJ found that by setting thresholds for relevant project categories which take account only of the size of projects, to the exclusion of other criteria specified in the EIA Directive, and by not providing for a case-by-case examination for relevant project categories to identify projects likely to have significant effects on the environment, Ireland has exceeded the limits of its discretion under articles 2(1) and 4(2) of the EIA Directive. The ECJ judgement also found that national regulations that transpose the EIA Directive in relation to aquaculture activities are deficient.

This very recent judgement is being studied in detail by my Department, the Department of Agriculture, Fisheries and Food and the Attorney General's Office to determine the appropriate legislative response and any procedural measures that are necessary to ensure full and early compliance with the Directive. The European Commission will be notified of Ireland's proposed response to the judgement within the two-month period set down for this purpose.

I assume that the third case referred to is that opened in October 2007, primarily concerning the conformity of Irish legislation to the EIA Directive insofar as it relates to projects requiring both planning and pollution control consents (the so-called "split decision" consent system). The Commission's detailed application to the ECJ has not yet been received. However, in May 2007 the Supreme Court ruled that the combination of assessments carried out by the relevant public bodies together meet the requirements of the EIA Directive with regard to the undertaking of an EIA prior to consent.

The European Commission also opened a case in September 2007 concerning, among other matters, the implementation of the EIA Directive in respect of private roads. There is appropriate legislative provision for EIA in respect of public roads, but it was acknowledged that there was a gap in the transposition of the EIA Directive in relation to private roads that do not form part of any wider assessable development. This matter was addressed in the Planning and Development Regulations 2008

Strategy on Homelessness.

Olwyn Enright

Question:

26 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the position regarding the pledge to eliminate homelessness; the steps he is taking in relation to same; and if he will make a statement on the matter. [39384/08]

A new Government strategy on homelessness, The Way Home: A Strategy to Address Adult Homelessness in Ireland 2008 — 2013, was published in August 2008. The strategy builds on the strong progress made under previous homeless strategies and sets out a vision to address adult homelessness over the next five years.

The strategy recognises that homelessness involves a complex interplay between personal, economic, social and structural issues and reflects the Government's commitment to addressing homelessness in a comprehensive and coordinated manner. It was developed under the aegis of a Cross Departmental Team, comprising representatives from the relevant Government Departments and agencies, with input from the National Homeless Consultative Committee, which includes representatives from homeless service providers, both statutory and voluntary.

Central interlinked objectives of the new strategy are the prevention of homelessness, the elimination of the need to sleep rough and the elimination of long-term occupation (i.e. more than six months) of emergency homeless accommodation, by the end of 2010. A range of actions are set out in the strategy, together with implementation targets for the most significant actions. These will be taken forward through a more detailed Implementation Plan being developed under the aegis of the Cross Departmental Team on Homelessness with input from the National Homeless Consultative Committee, which will assign lead roles and more detailed timelines. I expect the Implementation Plan to be finalised by the end of the year.

Funding from my Department towards the running costs of homeless accommodation and related services is being increased by 5% in 2009 to €56 million which, together with local authorities' own contributions, will bring the total provision to over €62 million. It is essential that optimum efficiency and value for money are secured from this funding. In that context, the Homeless Agency in Dublin has undertaken a comprehensive review of services and a value for money review. The findings of these reviews, which will be available shortly, will play an important role in informing the development of the Implementation Plan.

Greenhouse Gas Emissions.

Thomas P. Broughan

Question:

27 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps that have been taken in relation to the commitment contained in the programme for Government to establish a high level commission on climate change to oversee implementation of the climate change strategy; and if he will make a statement on the matter. [43044/08]

Since the publication of the National Climate Change Strategy 2007 — 2012, work has continued across Government Departments on the development of measures to reduce national greenhouse gas emissions. Progress in implementing such measures, and the coordination of work across Government with respect to the climate change agenda is overseen by the Cabinet Committee on Climate Change and Energy Security. That Committee has established two inter-departmental groups to support its work.

The Senior Officials Group is tasked with addressing the challenges posed to Ireland in achieving its greenhouse gas emission targets and informing and implementing policy in this regard, while the Technical Advisory Steering Group, which includes representatives from relevant agencies, provides the modelling expertise which underpins the analysis. Subgroups of these Groups have been established on an ad-hoc basis to consider specific issues and to report to the two main Groups. An informal Expert Advisory Panel has also been established by the Cabinet Committee to assist in the analysis of possible policy measures. In addition, the Joint Committee on Climate Change and Energy Security is also important in developing cross-party consensus both on targets and on the measures required to achieve them.

Given that these structures are now in place, the potential for further added value from the establishment, at this stage, of a Commission on Climate Change remains under consideration.

Rental Accommodation.

Mary Upton

Question:

28 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government his views on his statement of 18 November 2008 that the number of inspections has increased to 14,008 in view of the fact this figure includes re-inspection of the same premises. [43055/08]

Emmet Stagg

Question:

55 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government his views on a statement of 18 November 2008 that the number of dwellings inspected has increased since 2005 when in fact the percentage of dwellings inspected has decreased from 8.14% in 2005 to 6.4% in 2007. [43056/08]

I propose to take Questions Nos. 28 and 55 together.

Details of the inspections of private rented accommodation carried out, the dwellings inspected which did not meet the statutory standards and prosecutions initiated up to 2007 are included in my Department's Annual Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and on my Department's website at www.environ.ie. The Bulletins record an increase from 6,815 to 14,008 — or over 100% — in the number of inspections carried out between 2005 and 2007. The re-inspection of accommodation by local authorities can be necessary in certain instances in order to ensure effective enforcement and relevant details are therefore included in the overall number of inspections carried out each year.

Election Management System.

Bernard J. Durkan

Question:

29 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he intends to continue the expenditure on electronic voting with the consequent impact for the taxpayer in view of the current economic climate; if an attempt has been made to dispose of the technology; his views on whether this technology is now worthless and if annual expenditure continues regardless of any future use arising particularly from ongoing contracts and leases; and if he will make a statement on the matter. [43083/08]

I am at present considering the next steps to be taken in relation to the electronic voting and counting project. In this, I am taking into account the work of the Commission on Electronic Voting, which has examined the system, relevant experiences and developments internationally, the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally.

Given the scale of investment in the system to date, and the importance of the issues involved for our electoral system, it is essential that the future of the project be examined objectively and in a thorough and comprehensive manner. It is not possible to make more specific comment at this point on the project itself, or on future plans for the machines, pending completion of the necessary work and a decision by Government in the matter. With significant resources having been invested in the development of the electronic voting project, it is also reasonable to make adequate and appropriate provision for the storage of the machines. On this issue, the Government decision to proceed with the movement of the electronic voting equipment to centralised premises was the right approach.

Rental Accommodation.

Ciaran Lynch

Question:

30 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he is satisfied that despite an increase of 55,309 to 188,152 in the number of dwellings registered with the Private Residential Tenancies Board in 2007, the number of dwellings inspected in that year rose by only 3,683 to 12,047 or 6.4% of the total number of registered dwellings. [43050/08]

Emmet Stagg

Question:

36 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the way he will advance his aspiration that inspections should specifically target property that is likelier to be non-compliant as he has no function in relation to staffing arrangements for inspection purposes. [43057/08]

Ruairí Quinn

Question:

38 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government if he will introduce a uniform approach to the serving of improvement notices on landlords; if his attention has been drawn to the fact that some local authorities serve a notice in every case in which regulatory requirements are not met while others never serve such a notice. [43063/08]

Jack Wall

Question:

40 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the legislative structure he will put in place to ensure that funds allocated for inspections of dwellings are used exclusively for inspections. [43052/08]

Pat Rabbitte

Question:

44 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that in the Louth local authority area while there is an increase of 62% in the number of registered dwellings to 3,148 only 30 dwellings were inspected, representing less than 1%. [43061/08]

Pat Rabbitte

Question:

49 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government if he will take action to ensure a more uniform level of inspections of private rented dwellings among local authorities; if his attention has been drawn to the fact that the percentage of registered dwellings inspected ranges from less than 1% to more than 40% with the overall average being 6.4%. [43060/08]

Ciaran Lynch

Question:

51 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he is satisfied that in the case of three county councils and three city councils the number of dwellings inspected has decreased as compared with 2006 despite an increase in the number of registered dwellings and an increase in the funds allocated for inspections. [43051/08]

Jack Wall

Question:

52 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the legislative framework he will put in place to ensure that the measures announced in the standards reform package are implemented; if he will issue guidelines or regulations; and if he will make a statement on the matter. [43053/08]

Ciaran Lynch

Question:

140 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if it his intention that every new first-time letting from February 2009 onwards will be inspected to ensure compliance with every aspect of the new standards in rental accommodation; and if he will make a statement on the matter. [43265/08]

I propose to take Questions Nos. 30, 36, 38, 40, 44, 49, 51, 52 and 140 together.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence, subject, on summary conviction, to a fine not exceeding €3,000, or a term of 6 months in prison or both, and €250 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.

In general, local authorities have significantly expanded their inspection activity in recent years. Inspection numbers have more than doubled — from 6,815 to 14,008 — in the period 2005 to 2007. More detailed information on the number of inspections carried out each year up to and including 2007 is included in my Department's Annual Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and on my Department's website at www.environ.ie. In interpreting the data, it is important to note that the significant increase in registrations of tenancies since the Private Residential Tenancies Board was established in late 2004 reflects the Board's success in achieving registration compliance, rather than changes in the actual level of rental accommodation supply over the period.

My Department provides significant resources, from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board, to assist local authorities in discharging their functions under the Housing Acts in relation to rented accommodation. Over €3m was provided in 2007 and a further €4m has been earmarked for this purpose for 2008.

Since 2006, the allocation of funding has been increasingly linked to inspections performance by local authorities. Half of the funding paid in respect of 2007 was based on actual inspections carried out and this will also be the case in respect of 2008. Consequently, while the significantly increased funding being made available to local authorities for inspection activity, and the increasingly performance-linked basis for allocations, are contributing to a much improved inspections regime overall, where a particular individual authority's inspection activity is low relative to others, this is reflected in a relatively lower funding allocation.

It is a matter for each individual local authority to decide the specific details of its enforcement strategy and inspection arrangements. However, in discharging their responsibilities in relation to the rental sector, authorities have been asked to have regard to the Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement published by the Centre for Housing Research in November 2007, which makes a range of recommendations on relevant issues, including targeting inspection activities.

In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations and recently delivered on this commitment by approving a package of measures. A number of elements of this package require amendments of primary legislation and these are being addressed during the passage, through the Oireachtas, of the Housing (Miscellaneous Provisions) Bill 2008, currently before the Seanad. These include increased penalties for non-compliance and the introduction of a more robust sanctions regime.

Those elements of the package not requiring primary legislation will be introduced through new regulations to replace those made in 1993. Regulations for this purpose, which will be made shortly, will come into effect generally on 1 February 2009. However, taking account of views expressed in wide-ranging consultations during the development of the new standards package, certain elements of the new regulations will not come into effect for existing rental accommodation until 1 February 2013 as it will be necessary to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance.

The aspects covered by those provisions — sanitary facilities, heating facilities and food preparation, storage and laundry — will therefore continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until then, in so far as existing rental accommodation is concerned. However, any rental properties being let for the first time after 1 February 2009 will have to comply with all the requirements of the new Regulations. A comprehensive Guidance Document will be published in advance of the 1 February 2009 commencement date in order to assist local authorities in the practical implementation of the new regulations.

I am committed to building on the significant progress made in recent years with regard to inspection of private rented accommodation. In addition to the introduction of the new standards and the accompanying guidance, and the continued provision of significant resources linked to inspection activity, the revised suite of local authority service indicators now includes a new indicator in relation to the enforcement of private rented accommodation standards. This indicator, which will further underscore good performance in this area, applies from 2008 onwards, with the first report on the indicator becoming available next year.

Brian O'Shea

Question:

31 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the amount collected by the Private Residential Tenancies Board in tenancy registrations in 2005, 2006 and 2007; the number of tenancies registered each year; the number of tenancies registered late in 2007; the proportion of the late registration fee of €140 which is allocated to the support of local authorities in performing their functions in relation to the Housing (Standards for Rented Houses) Regulations 1993; the number of composite fees charged in 2007; and the proportion of the €300 that is allocated to local authorities. [43068/08]

The registration fees collected by the Private Residential Tenancies Board in 2005, 2006 and 2007, and the number of registrations recorded each year, are set out in the following table. Also included in the table is the number of late registrations and composite fees recorded in 2007. Five sevenths of all registration fees paid to the Board is allocated to support local authorities in performing their functions in relation to the Housing (Standards for Rented Houses) Regulations 1993 and the Housing (Rent Books) Regulations 1993 and other provisions of the Housing Acts related to private rented accommodation.

Year

2005

2006

2007

Amount of registration fees collected

€4,911,122

€5,995,772

€6,156,749

Number of tenancy registrations

85,000*

54,000

81,000

Number of tenancies registered late in 2007

N/A

N/A

19,500

Number of composite fees charged in 2007

N/A

N/A

1,300

*Includes registrations from the Board's establishment in late 2004.

Land Designation.

Sean Sherlock

Question:

32 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the stage at which farmers are informed by his Department that their land is to be designated; and if he will make a statement on the matter. [37466/08]

Designations of land for the purposes of nature protection fall broadly into two categories. Natura 2000 sites, which are either Special Areas of Conservation (SACs) or Special Protection Areas (SPAs), are designated and protected under the EU Habitats and Birds Directives. Natural Heritage Areas (NHAs) are designated under the Wildlife Acts. Proposed sites requiring designation are identified, evaluated and spatially defined by my Department before being recommended to me for designation.

If I decide to nominate a site for designation, my Department directly notifies all landowners who are identifiable by my Department within the boundaries of nominated site. Individual landowners are notified in writing and are sent an information pack which includes a map of the proposed site boundaries, details of the implications of the designation and information on how to lodge an objection to such a proposal. The names and addresses of affected landowners are sourced from the Land Parcel Identification System, the Property Registration Authority and through information held by my Department. A commercially available database is used to identify landowners in urban and peri-urban locations.

Additional measures are taken where there is a possibility that individual landowners might not be reached through direct notification. In such cases, my Department ensures that proposed designations are advertised in local newspapers and on local radio. Relevant maps are also displayed for public viewing in the local offices of the National Parks and Wildlife Service, the local offices of the Department of Social and Family Affairs, local Teagasc offices, local Garda stations and public libraries.

Question No. 33 answered with Question No. 8.

Local Authority Housing.

Jan O'Sullivan

Question:

34 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the progress his Department has made with regard to producing a legislative framework with regard to the sale of local authority flats; and when he will bring forward an amendment to the Housing (Miscellaneous Provisions) Bill 2008 regarding the matter. [43067/08]

Work is continuing to address the outstanding issues relating to the tenant purchase of local authority apartments. I hope that legislative proposals for a viable apartment sales scheme can be finalised in time for consideration during the Dáil Committee Stage of the Housing (Miscellaneous Provisions) Bill 2008.

Waste Disposal.

Eamon Gilmore

Question:

35 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the steps being taken to ensure that landfills are not contributing to the pollution of the surrounding environment; and if he will make a statement on the matter. [43047/08]

Under Section 60(3) of the Waste Management Act 1996, I am specifically precluded from any involvement in particular circumstances in a matter for which a local authority or the EPA has statutory responsibility. This includes the granting of waste licences for which the EPA is responsible, including licensing of landfills and the enforcement of conditions attached to a licence. The Act requires conditions attached to a waste licence, as appropriate, to specify measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances. Steps to ensure that landfills are not contributing to the pollution of the surrounding environment are, accordingly, part of the licensing conditions of landfills and therefore they are the statutory responsibility of the EPA.

Question No. 36 answered with Question No. 30.
Question No. 37 answered with Question No. 23.
Question No. 38 answered with Question No. 30.

Fire Services.

Joe McHugh

Question:

39 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government if he has plans to reform financing of local fire services; and if he will make a statement on the matter. [43169/08]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. The Department's role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding.

Operational costs for fire services are met from funding available to local authorities for day-to-day services. Such funding arises from a range of sources including commercial rates, charges for goods and services, specific State grants and general purpose grants from the Local Government Fund. Significant exchequer funding continues to be made available to support local fire services; over €24.6 million (capital and current) will be provided in this regard in 2009.

Question No. 40 answered with Question No. 30.

Local Government Reform.

Jan O'Sullivan

Question:

41 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government when he will publish the White Paper on local government. [43066/08]

The Green Paper, Stronger Local Democracy — Options for Change, which I published in April 2008, presents a set of options which share a common theme of strengthening local democratic leadership. For example, Stronger Local Democracy proposes a Regional Mayor for Dublin to meet the strategic challenges the city faces. The Green Paper also suggests that local leadership, accountability and connection with the citizen would be achieved through the provision of directly elected mayors with key powers of initiative in other areas. A suite of further proposals in relation to issues such as town government, participative democracy, regional governance, and service delivery are also included in the Green Paper.

Stronger Local Democracy represents the initial phase of a transparent, inclusive policy formulation process. Its purpose was not to arrive at a single solution, but to present options for further consideration. Following the publication of the Green Paper, my Department conducted a public consultation process to inform the drafting of the White Paper. This included a series of 6 regional seminars held over the summer to gather as full a range of perspectives as possible.

I am currently considering the outcomes of the consultation process, including the many written submissions I received. I hope to finalise the White Paper on local government by the end of the year; it is my intention to see a stronger, more vibrant and more accountable form of local government at the end of this process.

Question No. 42 answered with Question No. 23.

Waste Management.

Eamon Gilmore

Question:

43 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if he will ensure the implementation of the national strategy on biodegradable waste which aims to divert 80% of biodegradable waste from landfill through segregated collection of biodegradable waste and the generation of compost; and if he will make a statement on the matter. [43048/08]

Joe Costello

Question:

46 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the steps being taken to ensure Ireland meets its targets to divert biodegradable waste from landfill, as required under the EU landfill directive; and if he will make a statement on the matter. [43046/08]

I propose to take Questions Nos. 43 and 46 together.

I am committed to putting in place the necessary measures to ensure compliance with the EU landfill diversion targets that will apply from 2010 onwards. Following extensive consultation, the National Strategy on Biodegradable Waste was published in April 2006 and is aimed at diverting 80% of biodegradable waste from landfill through segregated collection and the generation of compost. The Programme for Government contains a commitment to implementation of the National Strategy.

The projections to which I have previously referred, for 2016, are based on the provision by then of MBT on the necessary scale, and relevant issues in that regard are being examined in depth in the International Waste Review currently underway. The initial targets under the Landfill Directive are more immediate as they relate to 2010 and the existing measures under the Biowaste Strategy are designed to achieve these targets.

I have also indicated my intention to introduce primary legislation to allow significant increases in the landfill levy and a Regulatory Impact Analysis for this purpose has just been completed. My Department, in addition, is working with industry towards the development of a Statutory Instrument for the segregation of commercial biodegradable waste. I am confident that these measures will contribute significantly to the attainment of the targets for the diversion of biodegradable waste from landfill.

Question No. 44 answered with Question No. 30.

EU Directives.

Martin Ferris

Question:

45 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the impact of the nitrates directive since it was implemented. [42932/08]

The Nitrates Directive and Ireland's National Nitrates Action Programme are given legal effect by the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2006 and 2007. These Regulations have been designed to protect waters against pollution from agricultural sources. It is as yet too early to quantify the beneficial effects of the Nitrates Regulations on water quality. While the recently published EPA Water Quality Report for 2004-2006 shows evidence of a slight improvement overall in water quality (with the length of river classified as unpolluted increasing from 69.2% to 71.4% and the number of lakes with satisfactory water quality increasing from 82% to 85.3%) deterioration of ground water quality is a major cause for concern.

Significant funding is being provided by my colleague the Minister for Agriculture, Fisheries, and Food under the Farm Waste Management Scheme to support investment by farmers to meet the storage requirements of the Nitrates Regulations. Grant aid of €415 million has been provided for this purpose in 2007/2008, and this investment should contribute to improvements in water quality.

The Department of Agriculture, Fisheries and Food has set up an Agricultural Mini-Catchment Programme to scientifically evaluate the impact of the measures contained in the Regulations. This is a very substantial research programme which will run for at least four years, and it is overseen by an Expert Select Committee comprising a number of international experts as well as experts from the EPA, the Department of Agriculture, Fisheries and Food, and my Department. Under the Programme, a number of intensively farmed mini-catchments on a range of contrasting soil types have been identified and the effect of changes in farm management practices on the transfer of nutrients from source to water, and their impact on water quality, will be scientifically evaluated.

Question No. 46 answered with Question No. 43.

Library Projects.

Alan Shatter

Question:

47 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government if he will sanction the provision of essential funding to South Dublin County Council for the proposed extension to and upgrading of Ballyroan library, Rathfarnham, Dublin 16, to meet the needs of the local community; the reason the project is being delayed; and if he will make a statement on the matter. [42926/08]

My Department issued a Circular letter in August 2008 notifying Local Authorities of a new Capital Funding Programme for Libraries and inviting library authorities to submit priority lists for consideration for grant aid under this Programme. South Dublin County Council indicated that the Ballyroan project is its second priority for funding and this application together with those received from other library authorities is currently under consideration. I hope to be in a position to announce a list of projects to be included in the new Library Capital Programme 2008-2012 in the near future.

Departmental Reports.

Willie Penrose

Question:

48 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government when the White Young Green report regarding Hawbowline Island will be completed and put in the public domain. [43064/08]

Both the White Young Green report and a peer review of it have been completed. My Department is currently examining the reports and the recommendations contained within them. Once this is completed I will release the reports into the public domain, which I expect will occur early next week.

Question No. 49 answered with Question No. 30.

Water Quality.

Thomas P. Broughan

Question:

50 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps that are to be taken to upgrade sewage and industrial waste water treatment plants in order to tackle the problem of water pollution and the eutrophication of rivers, lakes and tidal waters as outlined in the most recent Environmental Protection Agency report on water quality; and if he will make a statement on the matter. [43043/08]

The regular reports on water quality by the Environmental Protection Agency are taken into account in the approval and funding of individual wastewater schemes under my Department's Water Services Investment Programme. The latest phase of the Programme relating to the period 2007 — 2009 is available in the Oireachtas Library. €560 million was provided in the Budget for new and improved water services infrastructure in 2009, representing the highest ever such provision and an increase of 19% over the 2008 allocation. This clearly reflects the priority assigned by the Government to the preservation and protection of our water resources, to meeting EU standards for wastewater treatment and to providing critical water and wastewater infrastructure.

New operational and supervisory structures for wastewater infrastructure have also been put in place, including licensing of municipal waste water discharges and the allocation of additional financial and staffing resources to the EPA to support its monitoring and oversight role in this area.

Questions Nos. 51 and 52 answered with Question No. 30.

Greenhouse Gas Emissions.

Joe Costello

Question:

53 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the schedule in the national climate change strategy to prepare a climate change adaptation strategy; and if he will make a statement on the matter. [43045/08]

The National Climate Change Strategy 2007 — 2012 includes a commitment to develop a national adaptation strategy by 2009. The development of this strategy is currently underway.

Question No. 54 answered with Question No. 19.
Question No. 55 answered with Question No. 28.

Wildlife Protection.

Dinny McGinley

Question:

56 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the reported poaching of wild deer in Donegal; the estimates of the extent of such activity; the steps being taken to prevent such activity; and if he will make a statement on the matter. [42927/08]

Deer may only be hunted under licence by my Department. The open season for most deer species, including Red, Fallow and Sika, operates annually from 1 September to 28 February, depending on the gender and age of deer. However there is a 12-month open season for Muntjac Deer. My Department has received reports that illegal deer hunting has increased recently in County Donegal. My Department's National Parks and Wildlife Service staff are continuing to monitor the situation and are carrying out additional patrols in areas of alleged poaching activity.

Greenhouse Gas Emissions.

Liz McManus

Question:

57 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government his position on the cap and share scheme; if he has a preference for a cap and share scheme or for a carbon tax; the reasons for his preference; and if he will make a statement on the matter. [37139/08]

I refer to the reply to Question No. 31 of 23 October 2008. The position is unchanged.

Job Losses.

Willie Penrose

Question:

58 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason a company (details supplied) which has to let staff go and has submitted the relevant RP50 forms to her Department for an appropriate rebate in respect of the redundancy payments has been informed that it could take up to between five and six months for same to be paid out; if in this context she will take immediate steps to have the appropriate rebate payments paid out to the employer involved; and if she will make a statement on the matter. [43254/08]

According to the records available to my Department, the company in question made two workers redundant on 31 October 2008 and submitted the relevant RP50 forms manually on 4 November 2008 seeking a rebate of 60% in respect of the statutory amount paid. The customer service targets for processing and paying redundancy claims are indicated on my Department's website and indicate that all correctly completed Redundancy claims filed on-line will be given priority. In normal circumstances, the waiting period for payment of claims filed on-line is 6 weeks. Claims received by post can take at least 10 weeks. All claims are processed in order of receipt with priority been given to claims filed on-line and lump-sum payments.

While we endeavour to meet the targets stated, we are currently unable to service those turnaround times due to the significant influx of claims in recent months. At the end of October, a total of 32,076 redundancy claims were received which contrasts sharply with the level of 21,360 for the corresponding period in 2007 in terms of a 50% increase. Given the steep increases experienced in the rate of redundancy claims in the current year, customer service targets are under severe pressure but they are not at the level quoted by the Deputy. Currently, a 10-week timeframe is, in general, being achieved for claims submitted on-line and, manual claims are being dealt with within 16 weeks.

Work Permits.

Michael D. Higgins

Question:

59 Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the case of a person (details supplied); the way a person might transfer from an older work permit which ties one to one’s employer to a more modern work permit allowing the individual a higher level of personal freedom. [43269/08]

Under the Employment Permits Act 2006 all employment permits are employer and location specific. However, as the above named has worked in the State for a period of 60 months she may be eligible to apply to the Department of Justice, Equality and Law Reform for long-term residency status. A non-EEA national granted long-term residency has free access to the labour market and does not require an employment permit.

Job Protection.

Brian O'Shea

Question:

60 Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she is taking or will take to ensure the maximum level of job retention at a company (details supplied) in County Waterford; and if she will make a statement on the matter. [43273/08]

Since the announcement last year of a restructuring programme by the company in question, the priority has been to minimise the number of job losses that would occur. The Industrial Development agencies, primarily Enterprise Ireland and FÁS, have been working very closely in this regard. However, the final decision in relation to jobs rests with the company itself.

Once the restructuring programme was announced, FÁS engaged directly with the company and with staff representatives to discuss the range of services that could be made available to the workers. Indeed, the agency established for a time, a sustained service on-site at the company offering the full range of FÁS supports. Staff of the agency will be on-site again for the next three months. It is expected that a more intensive response will be required from July to September next year.

An open evening for workers attended by the Vocational Education Committee, Waterford Institute of Technology, the Waterford City Enterprise Board and FÁS was held last month. An employment group organised by FÁS and Waterford Chamber of Commerce is co-ordinating responses from recruiting employers. This has included identifying and responding to skill gaps through a meeting between employer representatives and education and training providers. A local Jobs Fair is being planned by FÁS for early next year which will target employers who are recruiting in the area. The agency also intends to provide a range of short technical skills updating courses.

Tax Code.

Róisín Shortall

Question:

61 Deputy Róisín Shortall asked the Minister for Finance if a person with an income above €100,100 will pay 2% on all income or on the balance above €100,100 under the proposed new income levy; if the same applies to a person falling into the 3% band; and if he will make a statement on the matter. [43182/08]

The position is that the income levy will apply at a rate of 2% only on the income in excess of €100,100 but below €250,120 and at a rate of 3% only on the income in excess of €250,120.

Róisín Shortall

Question:

62 Deputy Róisín Shortall asked the Minister for Finance if a person who has a medical card will have to pay the proposed income levy. [43180/08]

The position is that those with an entitlement to the medical card will be exempt from the income levy.

Róisín Shortall

Question:

63 Deputy Róisín Shortall asked the Minister for Finance if, in relation to the proposed income levy, a single person over 65 years who has an annual income of €12,000 from their State pension and €15,000 from an occupational pension will be liable for the levy; and if so the amount of their income to which the levy will apply. [43181/08]

The position is that the income levy will apply to gross income but excluding social welfare payments and the contributory and non-contributory State pensions. As the Deputy may be aware, an age related exemption threshold for persons aged 65 years and over is being introduced in the Finance Bill. These thresholds will be €20,000 per annum with a provision for double that limit for a married couple. Therefore, in relation to the example supplied by the Deputy, there will be no liability for the income levy as the State pension is exempt from the income levy and the €15,000 occupational pension is below the €20,000 age related exemption threshold for a single person.

Public Service Reform.

Michael Creed

Question:

64 Deputy Michael Creed asked the Minister for Finance his intention regarding reform of the public service; his proposals to introduce an attractive lump sum and early retirement pension scheme; and if he will make a statement on the matter. [43191/08]

The Report of the Task Force on the Public Service, Transforming Public Services was published yesterday. The Report provides an action plan for modernising Ireland's Public Service. The Government also published a major policy statement on Transforming Public Services. This sets out how the recommendations of the Task Force will be implemented. It also contains details of a number of initiatives to address Public Service numbers and expenditure and achieving value for money. The statement announced the establishment of a Special Group on Public Service Numbers and Expenditure Programmes which has been asked to report by the end of June.

As regards an early retirement scheme, as I announced in my recent Budget, a targeted voluntary early retirement scheme is to be introduced for the Health Service Executive to cover management/administrative staff, but may be extended to other surplus staff. I also informed Deputies that such a scheme would be extended to other areas of the public service where surplus staff are identified. This wider application of voluntary early retirement will form part of the consideration by Government of any surplus staff identified by the Special Group on Public Service Numbers and Expenditure Programmes, and in the context of the ongoing rationalisation of State agencies.

Tax Code.

Áine Brady

Question:

65 Deputy Áine Brady asked the Minister for Finance the changes in budget 2009 and the Finance Bill (No. 2) 2008 that have been designed to assist the small business sector; and if he will make a statement on the matter. [43238/08]

Áine Brady

Question:

66 Deputy Áine Brady asked the Minister for Finance the implications of budget 2009 and the Finance Bill (No. 2) 2008 in particular in relation to the research and development tax credit changes for multinational companies operating here or potential multinationals considering to locate here; and if he will make a statement on the matter. [43239/08]

I propose to take Questions Nos. 65 and 66 together.

In my Budget Speech I said that despite the need to raise revenues, this Government is committed to maintaining and enhancing pro-employment business tax relief. I announced in the Budget the introduction of a three-year exemption from corporation tax on trading profits and chargeable gains for new companies commencing to trade next year. New companies that benefit from tax exemption will see full relief where total corporation tax liability in any of the first three accounting periods does not exceed €40,000. There will be marginal relief where corporation tax liability falls between €40,000 and €60,000.

I also announced in the Budget that the Research and Development tax credit would increase from 20% to 25%. The Finance Bill includes very significant changes to the scheme which will increase its attractiveness to business, including small companies and those in the start-up phase but also large companies, both multinational and indigenous. These changes involve: An option to carry-back unused tax credits for set-off against the previous year's corporate tax liability, thus generating a tax repayment; A further option, where there is insufficient or no corporation tax liability in the previous year, to claim payment of the remaining unused credit which will be paid in instalments over a three year period; 2003 will be permanently set as the base year for calculating incremental R&D expenditure under the scheme. Over time, this will have the effect of turning the scheme into a volume-based scheme; Finally, the Bill provides that a tax credit will be available in respect of a proportion of the expenditure incurred on a new or refurbished building used in part for R&D activities. This change reflects the reality thatR&D takes place in manufacturing or production environments and not only in laboratory conditions. These combined changes make our R&D regime one of the most attractive in the world.

There are other measures announced in the Budget and included in the Finance Bill which aim to assist the business sector. These measures include an extension of the deadlines for the on-line submission by businesses of tax returns and payments. An extension of the scheme of accelerated capital allowances for energy-efficient equipment from three to seven classes of technology. Under the scheme companies can write-off 100% of the cost of eligible equipment in the year of purchase. A reduction in the top rate of Stamp Duty applicable to commercial property has been reduced from 9% to 6% in a further effort to support business and jobs.

Fergus O'Dowd

Question:

67 Deputy Fergus O’Dowd asked the Minister for Finance his views on correspondence from a company (details supplied); and if he will make a statement on the matter. [43244/08]

As the Deputy is aware, the fuel duty rebate was 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, examined and considered alternative options at length. In the end, it was not found feasible to introduce an alternative non-tax scheme on a cost-neutral basis and with EU rules.

However in general recognition of the pressures being experienced by public transport providers and road hauliers, it was decided not to increase excise on diesel fuel, for the fifth consecutive Budget. In addition, despite our present difficult budgetary conditions, I have been able to continue to provide very considerable resources to the Minister for Transport to support public bus services through out the country.

Paul Kehoe

Question:

68 Deputy Paul Kehoe asked the Minister for Finance the amount of revenue that would be generated by the imposition of an additional one cent excise duty on every packet of cigarettes and every pint of beer, stout and cider based on projected sales for 2009; and if he will make a statement on the matter. [43340/08]

I am informed by the Revenue Commissioners that the estimated full year yield from an additional one cent increase in excise duty, or 1.215 cent VAT inclusive, in the above products is as follows:

Additional Total Revenue (Full Year) fromIncreases of 1c Excise Duty (1.215c VAT Inclusive)

Revenue €m (VAT inclusive)

Cigarettes (per pack of 20)

2.54

Beer / Stout (per pint)

9.57

Cider (per pint)

1.39

Additional Total Revenue (Full Year) €m (VAT inclusive)

13.5

National Partnership Agreement.

Michael McGrath

Question:

69 Deputy Michael McGrath asked the Minister for Finance the amount a proposed measure (details supplied) relating to the implementation of the pay awards in the recent transitional agreement of Towards 2016 would save. [43342/08]

As the Deputy is aware, the Review and Transitional Agreement 2008-2009 provides for a pay pause of 11 months in the public service from the expiry of the first phase of the first module of Towards 2016 on 30 September 2008 to 31 August 2009. The estimated savings from this pay pause are €175m in 2008 and €470m in 2009. If the pay pause were to be extended by another month there would be an additional saving across the public service of about €55m in 2009. This saving would be attributable entirely to extension of the pay pause to cover the month of September 2009.

As regards increments, it is important to note that year-on-year increases in allocations would not normally be granted for these. Accordingly, there is no increased provision for increments in the pay bill in 2008 and no increased provision will be made in 2009 either. In the normal way, the overall cost of increments for staff on incremental scales should be offset by reductions in cost arising from retirements or other movements by staff. It is difficult, therefore, to estimate the cost of increments. However, if all increments due for payment in the public service in 2009 were not to be paid, the saving would be somewhere in the region of €250m for a full year. The cost attributable to the first nine months would be three quarters of this figure.

Public Sector Pay.

Michael McGrath

Question:

70 Deputy Michael McGrath asked the Minister for Finance, in view of recent public commentary and in the context of obligations provided for in individual contracts of employment and social partnership, the discretion he has not to pay salary increments for employees moving along a pay scale, to public servants such as gardaí, teachers and nurses, for the first nine months of 2009. [43343/08]

Increments are part of the terms and conditions of most public servants. In accordance with normal industrial relations practices and agreements, any proposal for a change in the present arrangements relating to increments would have to be discussed with the public service unions. If agreement could not be reached on a proposed change, it would be open to the unions to seek third party adjudication on the matter.

Increments are not pay increases in the normal sense or bonuses for public servants, as has been portrayed in some media reports. Rather than being placed on the maximum salary on appointment to a grade, public servants in most grades are placed on incremental salary scales and reach the maximum pay for the grade only after a number of years and subject to satisfactory service. It is important to note that year-on-year increases in allocations would not normally be granted for increments. Accordingly, there is no increased provision for increments in the pay bill in 2008 and no increased provision will be made in 2009 either.

In the normal way, the overall cost of increments for staff on incremental scales should be offset by reductions in cost arising from retirements or other movements by staff. It is difficult, therefore, to estimate the cost of increments. However, if all increments due for payment in the public service in 2009 were not to be paid, the saving would be somewhere in the region of €250m for a full year. The cost attributable to the first nine months would be three quarters of this figure.

Early Child Care Supplement.

Róisín Shortall

Question:

71 Deputy Róisín Shortall asked the Minister for Health and Children her estimate of the saving in a full year in respect of the proposal to reduce the qualifying age for early child care supplement from January 2009; and her estimate of the number of families in 2009 and in 2010 affected by this proposal. [43176/08]

The Early Childcare Supplement (ECS) was introduced with effect from 1st April 2006. The purpose of the payment is to support parents with the higher costs associated with caring for pre-school children. Currently ECS is paid in respect of all children eligible for Child Benefit who are under the age of 6 years. The rationale for this is that 6 years is the age at which school attendance becomes compulsory (except for those given licence to home school). Under Budget 2009, it was announced that the age-limit for eligibility for the payment is being reduced from 6 years to 5½ years, with effect from January 2009.

This change is being introduced having regard to the fact that the payment was introduced as an additional, targeted measure to support parents caring for young children in their pre-school years. In general, children start primary school at the age of between 4 and 5 years, and their parents will continue to receive the ECS payment for them during this period. As virtually all children aged more than 5½ years are school-going, this measure is not expected to impact significantly on parents. It is estimated that the reduction in the period of eligibility will result in savings of some €35m in a full year.

Based on the number of children in respect of whom ECS is currently being paid, it is estimated that approximately 70,000 children will be affected by the change in 2009, and a similar number in 2010. The number of families affected will be somewhat smaller, as some families would have more than 1 child affected by the change.

Health Service Staff.

Róisín Shortall

Question:

72 Deputy Róisín Shortall asked the Minister for Health and Children the number, in wholetime equivalent terms, of community welfare officers employed at present; the number employed in each of the years since 2005; and her intentions to recruit more in view of the increased demand on services. [43183/08]

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

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medicinal Products.

Sean Sherlock

Question:

73 Deputy Seán Sherlock asked the Minister for Health and Children the reason medication being manufactured here is sold at a significantly lower price in other European countries than it costs to purchase it here; and if she will make a statement on the matter. [43194/08]

EU member states are the main purchasers of medicines in their domestic markets. They naturally seek to control drug prices, but the extent of this control varies widely. Some countries, such as the UK and Germany, rely more on market forces to set prices. Spain and Portugal, on the other hand, closely regulate and control prices. Ireland's pricing policy is somewhere in the middle of the European league as, with its relatively small market, it must seek to balance value for money in State drug spending with reliability and continuity of supply for essential products.

Price comparison in different markets is difficult. Patent protection in Ireland allows originator companies exclusive rights to the market for ten years for new medicines. In Spain, for example, until 1992 there was no intellectual property protection for medicines and no patent protection for new products. This kept prices down, but may change with patent and intellectual property exclusivity. In addition, some products that are prescription-only in Ireland are available without prescription in some other states.

My Department and the Health Service Executive concluded negotiations in 2006 with pharmaceutical manufacturers on important new agreements setting out the pricing and supply of medicines for the Irish health service. These agreements provide increased value for money for the State and the consumer through a reduction in the price of existing drugs and medicines coming off patent and through the use of a new mechanism for pricing new drugs. Over the period of the agreements, which run to 2010, it is expected to achieve savings of the order of €260 million across the GMS and community drugs schemes, and in the cost of drugs to hospitals, through off-patent price cuts of 35% for drugs with substitutable alternatives. In addition to the savings quantified, there will be further savings as generic manufacturers respond to the lower price of branded drugs.

There will also be savings through the new pricing mechanism for new medicines, along with two price reviews for new medicines over the term of the agreements. Finally, for the first time, reimbursement of new drugs in Ireland can now be informed by pharmacoeconomic assessment, in line with other EU countries. I must stress that no single measure will contain the rate of increase in expenditure on medicines and drugs. Indeed, international experience has shown that this is a very difficult task, as the sophistication and range of treatments continue to increase along with increased expectations on the part of patients.

Hospital Staff.

Joe Carey

Question:

74 Deputy Joe Carey asked the Minister for Health and Children the staffing levels and availability of general paediatric units in each of the regional hospitals; the regional hospitals that have a dedicated high dependancy paediatric unit; the number of staff dedicated specifically to this unit; and if she will make a statement on the matter. [43202/08]

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

Hospital Services.

James Reilly

Question:

75 Deputy James Reilly asked the Minister for Health and Children if she will assist in securing an appointment for a person (details supplied) in Dublin North who has had two appointments for a day ward procedure at Beaumont Hospital cancelled; and if she will make a statement on the matter. [43203/08]

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.

Thomas P. Broughan

Question:

76 Deputy Thomas P. Broughan asked the Minister for Health and Children when she will publish the report on the review of neurology services; and if she will make a statement on the matter. [43208/08]

The Health Service Executive (HSE) undertook a national review of Neurology Services in Ireland. The review was completed some time ago and the resulting report was submitted to the National Hospitals Office. Following consideration of the report it was decided to seek an external expert opinion on the model of care proposed to ensure that the recommendations were properly aligned with the HSE Transformation Programme.

The issue of publication of the review is a matter for the Executive and accordingly my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy.

National Treatment Purchase Fund.

Thomas P. Broughan

Question:

77 Deputy Thomas P. Broughan asked the Minister for Health and Children if she will provide a breakdown of the number of procedures carried out by the National Treatment Purchase Fund to date in 2008 and in the years 2005, 2006 and 2007; and if she will make a statement on the matter. [43211/08]

As the information requested by the Deputy involves a level of detail that is not held by my Department, I have asked the Chief Executive of the Fund to reply directly to the Deputy in this regard.

Mental Health Services.

Dan Neville

Question:

78 Deputy Dan Neville asked the Minister for Health and Children the position regarding the retention of a person (details supplied) at a psychiatric institution. [43219/08]

The person concerned is a patient in a private hospital. I understand that discussions are ongoing between the person concerned, her family, the private hospital and the Health Service Executive in relation to her future care.

Health Services.

James Reilly

Question:

79 Deputy James Reilly asked the Minister for Health and Children the criteria for assessment and provision of treatment in respect of a person (details supplied) in County Dublin who requires orthodontic dental treatment; and if she will make a statement on the matter. [43220/08]

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.

Consultancy Contracts.

Ciaran Lynch

Question:

80 Deputy Ciarán Lynch asked the Minister for Health and Children the full value of the contract (details supplied) awarded by her Department. [43242/08]

The Department of Health and Children has engaged the Institute of Public Administration (IPA) to develop a written communications training programme for delivery to its staff following an open tendering process via eTenders. Each programme run costs €4,350, (a total of €17,400 for the maximum of four runs sought in the tender) and runs for three days. The award amount was inadvertently omitted from the contract award notice posted on the eTenders website. It has now been included as ‘Additional Information' to the award notice on the site.

Health Services.

Finian McGrath

Question:

81 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [43245/08]

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.

Finian McGrath

Question:

82 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [43246/08]

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.

Medical Cards.

Richard Bruton

Question:

83 Deputy Richard Bruton asked the Minister for Health and Children the way the means test for a medical card which applies to persons aged 70 years and over will be administered in the case of a person in a nursing home, whose gross income may exceed the €700 per week threshold, but for whom the costs of the nursing home completely absorb this income; and if she will make a statement on the matter. [43255/08]

Where a person aged 70 or over does not qualify for a medical card after 1 January, by virtue of their gross income being over the thresholds of €700 per week for a single person or €1,400 per week for a couple, the Health Service Executive (HSE) may grant a medical card or GP visit card under the existing net income thresholds, which allow for medical, nursing and other expenses to be taken into account. Notwithstanding the above, the HSE may issue a medical card on a discretionary basis, if the applicant would otherwise be caused undue hardship in providing general medical and surgical services for himself/herself and any dependants.

Nursing Home Subventions.

Jack Wall

Question:

84 Deputy Jack Wall asked the Minister for Health and Children the number of applications in respect of enhanced nursing home subvention payments that are awaiting a decision from the Health Service Executive or her Department for funding in the Kildare-west Wicklow areas of the HSE; and if she will make a statement on the matter. [43262/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. 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.

Jack Wall

Question:

85 Deputy Jack Wall asked the Minister for Health and Children the mechanism available to a person (details supplied) in County Kildare to obtain the additional payments needed to allow the person seek long-term care in a nursing home in view of the fact that enhanced subvention payments are not available and there are no facilities in the public wards of the appropriate hospitals within their health board area to facilitate this person; and if she will make a statement on the matter. [43263/08]

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.

Health Services.

Frank Feighan

Question:

86 Deputy Frank Feighan asked the Minister for Health and Children the reason no acknowledgement has been received to a query e-mailed to her Department on 6 November 2008 regarding orthodontic treatment for a person (details supplied); and if she will make a statement on the matter. [43264/08]

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

Services for People with Disabilities.

Seán Barrett

Question:

87 Deputy Seán Barrett asked the Minister for Health and Children if people with an intellectual disability will be exempted from the increased long-stay residential charges which will require them to pay up to 75% of their disability allowance on these charges; and if she will make a statement on the matter. [43266/08]

The Health (Charges for In-Patient Services) Regulations 2005 have provided for two different classes of person for the purpose of levying a charge.

Class 1.

Class 1 refers to persons in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. The new rate of charges for Class 1 will be a weekly charge of €153.25 or the weekly income of that person less €44.70 whichever is the lesser.

Class 2.

Class 2 refers to persons in receipt of in-patient services where nursing care is not provided on a 24 hour basis on those premises. The new rate of charges for class 2 will be a weekly charge of €114.95 or the weekly income of that person less €70.25 or 60% of the weekly income of that person whichever is the lesser.

These rates provide for the maximum charge to be levied and the Health Service Executive (HSE) has the power to reduce or waive a charge on the basis of "undue hardship". The HSE will determine the charge to be levied in each particular situation depending on individual circumstances and the type of service being provided. The new rates will come into effect on 1 January 2009 and reflect the increase in the Non-Contributory State Pension between 2005 and 2008.

Brian O'Shea

Question:

88 Deputy Brian O’Shea asked the Minister for Health and Children when full arrears of disabled person’s maintenance allowance will be granted to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [43271/08]

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 to the Deputy.

Medical Cards.

Bernard J. Durkan

Question:

89 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. [43313/08]

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.

Voluntary Sector Funding.

Paul Connaughton

Question:

90 Deputy Paul Connaughton asked the Minister for Health and Children if she will grant the application for core funding by an organisation (details supplied) in County Galway; if her attention has been drawn to the service that the organisation provides to Tuam and the surrounding areas; and if she will make a statement on the matter. [43328/08]

The specific question raised by the Deputy relates to the management and delivery of health and personal social services, which are the responsibility of the HSE under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in this regard.

Hospital Services.

Frank Feighan

Question:

91 Deputy Frank Feighan asked the Minister for Health and Children the position regarding the provision and retention of cancer services in the north west, particularly at Sligo General Hospital; and if she will make a statement on the existing position there. [43331/08]

Based on the National Quality Assurance Standards for Symptomatic Breast Disease Services, and the fact that the BreastCheck screening programme will significantly reduce the number of symptomatic breast cancer presentations, the Health Service Executive (HSE) determined that we require a total of eight specialist breast cancer centres nationally. It is important to clarify that this is not a downgrading of services but rather a consolidation of cancer care in designated centres which has the potential to improve survival by up to 20%. In order to comply with the Standards, the HSE has directed twenty one hospitals to cease breast cancer services. Further staged reductions in the number of hospitals providing breast cancer services, including Sligo General, will occur over the coming months in line with the development of quality assured capacity in the eight designated centres.

The National Cancer Control Programmes is this week beginning formal discussions with Sligo General Hospital to plan for transfer of symptomatic services from the hospital to University Hospital Galway (UHG) in 2009. The Director of the Programme will ensure sufficient capacity exists in UHG prior to the transfer of services from Sligo. Funding of €7 million has also been allocated in 2008 from the Programme across the eight centres for symptomatic breast disease services, to support additional staff, including Consultant, Radiography, Nursing and clerical posts. Funding has also been allocated for some necessary additional equipment.

The designation of cancer centres aims to ensure that patients receive the highest quality care while at the same time allowing local access to services, where appropriate. Where diagnosis and treatment planning is directed and managed by multi-disciplinary teams based at the cancer centres, then much of the treatment, other than surgery, can be delivered in local hospitals, such as Sligo. Chemotherapy and support services will continue to be delivered at Sligo.

Frank Feighan

Question:

92 Deputy Frank Feighan asked the Minister for Health and Children if she will ensure a final appointment will be arranged for a person (details supplied). [43332/08]

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

Hospital Staff.

Denis Naughten

Question:

93 Deputy Denis Naughten asked the Minister for Health and Children the background to the industrial action by staff (details supplied) at Portiuncula Hospital, County Galway; the action which is being taken to resolve this dispute; and if she will make a statement on the matter. [43344/08]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act, 2004. It is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Michael Ring

Question:

94 Deputy Michael Ring asked the Minister for Health and Children her views on the situation whereby a 15 year old girl on a Youthreach course who has a valid medical card must pay her general practitioner a fee of €20 to obtain a letter for her course tutor to show that she is ill; and if she will make a statement on the matter. [43348/08]

Under the General Medical Services (GMS) Scheme, section 11 of the 1989 Capitation Contract states:

"The Medical practitioner shall:

furnish to a person whom he has examined and for whom he is obliged to provide services (or, in the case of a child, to his parent) a certificate in relation, to any illness noticed during the examination which is reasonably required by him or by the parent as the case may be".

Accordingly, a medical card holder is not liable for a charge for this certificate.

Ambulance Service.

Michael Ring

Question:

95 Deputy Michael Ring asked the Minister for Health and Children the position regarding a facility (details supplied); and if she will make a statement on the matter. [43349/08]

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

Health Insurance.

Róisín Shortall

Question:

96 Deputy Róisín Shortall asked the Minister for Health and Children the way, in relation to the recent announcement regarding the introduction of the community rating levy, this new measure will be implemented; and the way in which the tax credit will be applied in respect of those with incomes exempt from income tax. [43352/08]

The community rating levy announced by the Government as part of the interim solution to protect the policy of community rating in the private health insurance market will be charged to the health insurance companies. The companies concerned, those in the open market, will be required to pay an annual levy to the Revenue Commissioners in respect of each insured person. The levy will be remitted to the Exchequer where it will form part of the overall Exchequer funding. The measure will apply in the calendar years 2009 to 2011. For 2009 the levy will be charged on all adult insured lives at a level of €160 with a reduced rate, one-third of this amount (€53), for insured lives under age 18 — to reflect the fact that insurance premiums for under 18s are on average of the order of one third of the adult premium.

Currently those with incomes exempt from income tax who have health insurance cover benefit from the standard rate of relief given, as it is granted at source (TRS) in respect of all insured persons. The additional age related relief being granted to those aged 50 and over, will, in a similar manner, be granted at source in respect of each insured person. At present all insured people, irrespective of their tax status, are charged the same net premium. This will also apply under the proposed arrangements. Both the age-related private health insurance relief and the levy will be subject to annual review. The Health Insurance Acts will be amended to oblige health insurance companies to provide appropriate data to the Health Insurance Authority each year.

Tax Code.

Michael Creed

Question:

97 Deputy Michael Creed asked the Minister for Transport if in view of the recently ended excise fuel rebate scheme he is considering proposals (details supplied) for an alternative to this fuel rebate scheme; his views on the cost and competitive disadvantage which coach operators face relative to their immediate counterparts in the UK who are entitled to a refund of VAT; if he will make a decision on this issue; and if he will make a statement on the matter. [43199/08]

As already indicated in my recent replies to similar Dail Questions, the Finance Act 2008 provides for the removal of excise duty reliefs in the bus sector with effect from 1 November 2008. Since this is in line with our EU obligations, there is no power to restore the scheme. The operation of VAT is a fiscal matter, which falls under the responsibility of my colleague the Minister for Finance.

Fergus O'Dowd

Question:

98 Deputy Fergus O’Dowd asked the Minister for Transport his views on correspondence from a company (details supplied); and if he will make a statement on the matter. [43243/08]

I refer the Deputy to my answer on 25 November 2008 to Dáil Question No. 302.

Asylum Support Services.

Michael Creed

Question:

99 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform if he will provide in tabular form the number of asylum centres in the country, the number of refugees in each centre and their nationalities, the cost of each centre and the average stay of a refugee in each centre; and if he will make a statement on the matter. [43185/08]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. In this regard, RIA is currently providing accommodation to over 6,900 asylum seekers in 59 centres located across 22 counties. (This figure does not include the Bruach na Habhainn in Ballyhaunis, Co. Mayo which is used to accommodate Resettlement Programme Refugees). The cost to the State for the provision of such accommodation in the last financial year, i.e. 2007, was £83.262 m. This expenditure included such services as pre-school services, utilities (gas) etc, transporting asylum seekers throughout the country under the system of dispersal, and miscellaneous amounts such as the payment for nappies and funeral expenses.

It is not possible, without a disproportionate expenditure of staff resources, to provide the information in precisely the format requested by the Deputy. In this respect, it must be borne in mind that asylum seekers are not allocated to particular centres based on their nationality, the current status of their asylum claim or their length of time in the asylum process. Information as to the mean average length of time in the asylum process of asylum seekers resident in any particular centre would have no practical application or value. I can, however, indicate an overall view of the duration of stay of RIA residents in the Direct Provision system in the following table:

Duration of stay by applicants in Direct Provision as at 31 October 2008

0-3 mths

3-6 mths

6-9 mths

9-12 mths

12-18 mths

18-24 mths

24-36 mths

Over 36 mths

720

595

503

445

801

793

1364

1865

The figures above are taken from the RIA database. At 31 October 2008 there were 7086 residents "live on system"

In relation to the number of asylum seekers — not refugees it should be noted — the occupancy in each of the 59 RIA accommodation centres as of 16 November, 2008 is as follows.

Occupancy of Accommodation Centres as at 16/11/2008

County

Location

Address

Occup.

Clare

Knockalisheen

Meelick

224

Clare Lodge

Ennis

60

Cork

Ashbourne Hse

Glounthaune

108

Kinsale Road

Cork City

290

Glenvera

Wellington Road

114

Millstreet

Millstreet

266

An Poc Fada

Main Street, Cobh

37

Clonakilty Lodge,

Clonakilty, Co. Cork

95

Donegal

Cliffview

Donegal Town

57

Dublin

24 Camden Street

Camden Street, Dublin 2

7

70 Lower Camden Street

70 Lower Camden Street

3

14 Gardiner Place

Dublin 1

13

10 North Frederick Street

Dublin 1

18

Newlight House

St. Margaret’s, Finglas

27

Horse and Carriage

Aungier Street, Dublin 2

19

Viking Lodge

Francis Street, Dublin 8

52

The Towers

The Ninth Lock, Clondalkin

230

Georgian Court

77-79 Lower Gardiner St. Dublin 2

50

Hatch Hall

28 Lower Hatch Street, Dublin 1

143

Galway

Dun Gibbons

Clifden, Co. Galway

90

Eglinton

The Proms, Salthill

227

Great Western House

Eyre Square

163

Lisbrook House

Headford Road, Galway

264

Kerry

Atlas House (Killarney)

Killarney

89

Atlas House (Tralee)

Tralee

93

Johnston Marina

Tralee

80

Linden House

Killarney

46

Park Lodge

Killarney

50

Westward Court

Tralee

71

Kildare

Eyrepowell

Newbridge

93

Laois

Hibernian

Main Street, Abbeyleix

49

Montague

Portlaoise

162

Leitrim

Sliabh An Iarainn

Ballinamore

30

Limerick

Clyde House

St. Alphonsus Street

97

Westbourne

Dock Road

85

Mount Trenchard

Foynes, Co. Limerick

60

Sarsfield Bridge

Sarsfield Road, Limerick

98

Longford

Richmond Court

Richmond Street

92

Mayo

Railway

Kiltimagh

82

The Old Convent

Ballyhaunis

292

Meath

Mosney

Mosney

750

Monaghan

St. Patricks

Monaghan

205

Sligo

Globe House

Chapel Hill

228

Tipp. South

Bridgewater House

Carrick-On-Suir

107

Waterford

Atlantic House

Tramore, Co. Waterford

80

Ocean View

Tramore, Co. Waterford

81

Ursuline Complex

Ballytruckle Road

134

Viking House

Coffee House Lane

98

Westmeath

Athlone

Athlone

300

Wexford

Old Rectory House

New Ross

52

Wicklow

Beechlawn

Rathdrum, Co. Wicklow.

26

The Warrens

Wicklow Town

21

Total Accommodation Centres: 52

Total Residents

6,208

Occupancy of Self Catering Centres as at 16/11/2008

County

Location

Address

Occup.

Cork

Davis Street

73-75 Davis Street, Mallow

34

Dublin

Glenview House

Tallaght, Dublin 24

51

Watergate House

11-14 Usher’s Quay, Dublin 8

54

Louth

Carroll Village

Dundalk

167

Roscommon

Station Road

Station Road, Ballaghadereen

77

Total Self Catering Centres: 5

383

Occupancy of Reception Centres as at 16/11/2008

County

Location

Address

Occup.

Dublin

Kilmacud House,

Upr Kilmacud Rd, Co. Dublin

58

Balseskin

St. Margarets, Finglas, Dublin 11

247

Total Reception Centres: 2

305

In relation to the question relating to the nationality of residents in each centre the following is an analysis based on the situation obtaining on 31 December, 2007. It should be noted that the list of centres does not include Lisbrook House, Galway and Sarsfield Bridge, Limerick which were opened in 2008. Moreover, it includes 5 centres — Camden Hall, Portabello Harbour, Harbour View, James Street and Tathony House — all of which were closed in 2008.

Occupancy Levels Week Ending 31/12/2007

County

Location

Address

Current Occup.

Top 5 Nationalities

Nos.

%

Nigeria

63

24.2

DR Congo

17

6.6

Zimbabwe

16

6.2

Georgia

15

5.7

Sudan

11

4.2

Clare

Knockalisheen A/S Centre (***)

Meelick

260

Others

138

53.1

Sudan

8

14.8

Afghanistan

7

12.9

Nigeria

7

12.9

DR Congo

4

7.4

Georgia

4

7.4

Clare Lodge

Ennis

54

Others

24

44.6

Nigeria

29

29.2

DR Congo

12

12.1

Pakistan

6

6

Cameroon

5

5

Bangladesh

4

4

Cork

Ashbourne Hse Hotel

Glounthaune

99

Others

44

43.7

Nigeria

119

38.4

DR Congo

19

6.2

Somalia

15

4.8

Georgia

15

4.8

Sudan

13

4.2

Kinsale Road Acc. Centre (***)

Cork City

310

Others

129

41.6

Dr Congo

11

12.1

Georgia

10

11.0

Sudan

6

6.6

Angola

5

5.5

Nigeria

5

5.5

Somalia

5

5.5

Glenvera Hotel

Wellington Road

91

Others

49

Nigeria

92

45.1

DR Congo

14

6.9

Iraq

14

6.9

Cameroon

13

6.4

Ireland

9

4.4

Nigeria

92

45.1

DR Congo

14

6.9

Iraq

14

6.9

Cameroon

13

6.4

Ireland

9

4.4

Millstreet Accommodation Centre

Millstreet

204

Others

62

30.3

Iraq

8

21.0

Sudan

5

13.2

Nigeria

3

7.9

Somalia

3

7.9

Sri Lanka

2

5.3

Pakistan

2

5.3

An Poc Fada,

Main Street, Cobh

38

Others

15

39.4

Nigeria

47

63.5

Pakistan

5

6.8

Bangladesh

5

6.8

Iraq

4

5.4

Sudan

4

5.4

Clonakilty Lodge

Clonakilty

74

Others

9

12.1

Somalia

8

12.7

Sudan

7

11.1

Cameroon

6

9.5

Iraq

5

7.9

Afghanistan

3

4.8

Iraq

3

4.8

Nigeria

3

4.8

Donegal

Cliffview

Donegal Town

63

Others

28

44.4

Nigeria

1

14.3

Iraq

1

14.3

Iran

1

14.3

Afghanistan

1

14.3

Algeria

1

14.3

Dublin

Camden House

Camden Street, Dublin 2

7

Others

2

28.5

Nigeria

60

26.0

Dr Congo

16

7.0

Pakistan

15

6.5

Zimbabwe

15

6.5

Iraq

14

6.0

The Towers

The Ninth Lock, Clondalkin

231

Others

111

48.0

Georgia

5

22.7

l

Nigeria

4

18.2

Angola

2

9.1

DR Congo

2

9.1

Iran

2

9.1

Kosova

2

9.1

Togo

2

9.1

Camden Hall

Camden Street, Dublin 2

22

Others

3

13.6

Nigeria

4

66.7

70 Lower Camden Street

70 Lower Camden Street

6

Others

2

33.3

Angola

3

27.2

Nigeria

2

18.2

DR Congo

2

18.2

14 Gardiner Place

Dublin 1

11

Others

4

36.4

Somalia

8

38.1

Guinea

5

23.8

Sudan

2

9.5

Horse and Carriage

Aungier Street, Dublin 2

Others

6

28.6

Nigeria

8

44.4

China

3

16.7

Zimbabwe

3

16.7

Newlight House

St. Margaret’s, Finglas

18

Others

4

22.2

Nigeria

3

14.3

Kenya

3

14.3

Afghanistan

2

9.5

Guinea

2

9.5

10 North Frederick Street

Dublin 1

21

Others

11

52.4

Nigeria

12

19.1

DR Congo

7

11.1

Angola

6

9.5

Somalia

6

9.5

Viking Lodge

Francis Street, Dublin 8

63

Others

32

50.8

Nigeria

52

68.4

Georgia

4

5.3

South Africa

4

5.3

Zimbabwe

3

3.9

Sierra Leone

2

2.6

Ireland

2

2.6

Georgian Court

77-79 Lower Gardiner St. Dublin 2

76

Others

9

11.9

Nigeria

63

46.0

Afghanistan

6

4.4

DR Congo

6

4.4

Mauritius

5

3.6

Somalia

5

3.6

Zimbabwe

5

3.6

Hatch Hall

28 Lower Hatch Street, Dublin 1

137

Others

47

34.4

Nigeria

88

36.5

Angola

11

4.6

Albania

10

4.2

Liberia

9

3.7

Cameroon

7

2.9

Ghana

7

2.9

Sudan

7

2.9

Galway

Eglinton Hotel

The Proms, Salthill

241

Others

102

42.3

Afghanistan

21

12.4

Somalia

21

12.4

Georgia

14

8.3

Sudan

14

8.3

Nigeria

12

7.1

Great Western House

Eyre Square

169

Others

87

51.5

Nigeria

53

53.4

Israel

7

7.1

Bahrain

5

5.1

Pakistan

5

5.1

Uganda

5

5.1

Dun Gibbons Inn

Clifden

99

Others

24

24.2

Nigeria

25

29.1

Ghana

10

11.6

DR Congo

6

7

Liberia

5

5.8

Togo

5

5.8

Kerry

Atlas House

Killarney

86

Others

35

40.7

Afghanistan

15

15.8

Iraq

8

8.4

Sudan

7

7.3

Albania

5

5.3

Iran

5

5.3

Somalia

5

5.3

Atlas House

Tralee

99

Others

50

52.6

Nigeria

37

36.7

DR Congo

9

8.9

Pakistan

8

7.9

Albania

6

5.9

Ireland

6

5.9

Johnston Marina Hotel

Tralee

101

Others

35

34.7

Iran

5

14.3

Pakistan

4

11.4

Sudan

4

11.4

Iraq

3

8.6

Linden House

Killarney

35

Others

19

54.3

Iraq

9

17.3

Sudan

7

13.5

Congo

5

9.6

Afghanistan

4

7.7

Iran

4

7.7

Park Lodge

Killarney

52

Others

23

44.2

Afghanistan

9

11.8

Iran

8

10.5

Nigeria

7

9.2

Somalia

5

6.6

DR Congo

4

5.3

Iraq

4

5.3

Westward Court

Tralee

76

Others

39

51.3

Nigeria

26

26.5

Georgia

15

15.3

Zimbabwe

9

9.2

Iraq

8

8.2

DR Congo

5

5.1

Kildare

Eyrepowell Hotel

Newbridge

98

Others

35

35.7

Nigeria

15

34.1

Malaysia

8

18.2

Somalia

6

13.6

Iran

3

6.8

Laois

Hibernian

Abbeyleix

44

Others

12

27.3

Nigeria

96

53

Iraq

11

6.1

DR Congo

9

5.0

Zimbabwe

8

4.4

Pakistan

7

3.9

Montague

181

Others

50

27.6

Nigeria

20

45.6

Liberia

6

13.7

Albania

5

11.3

Somalia

5

11.3

South Africa

3

6.8

Leitrim

Sliabh An Iarainn

Ballinamore

44

Others

5

11.3

Afghanistan

15

14.5

Angola

6

5.8

Togo

6

5.8

Sudan

5

4.9

Cameroon

6

4.9

Georgias

5

4.9

Limerick

Clyde House

St. Alphonsus Street

103

Others

61

59.2

DR Congo

11

13.8

Somalia

11

13.8

Iran

6

7.5

Afghanistan

5

6.3

Georgia

5

6.3

Sudan

5

6.3

Westbourne Holiday Hostel

Dock Road

80

Others

37

46.0

Georgia

9

19.6

Pakistan

5

10.9

Afghanistan

4

8.7

Iran

3

6.5

Sudan

3

6.5

Mount Trenchard

Foynes, Co. Limerick

46

Others

22

47.8

Somalia

9

9.4

Sudan

8

8.4

Iran

6

6.3

Nigeria

6

6.3

Iraq

5

5.3

Cameroon

5

5.3

Longford

Richmond Court

Richmond Street

95

Others

56

59

Nigeria

35

39.3

Iraq

10

11.2

Georgia

8

9.0

Kosova

8

9.0

Ghana

5

5.6

Mayo

Railway Hotel

Kiltimagh

89

Others

23

25.9

Nigeria

115

37.8

Pakistan

29

9.5

DR Congo

23

7.5

Somalia

15

4.9

Sudan

11

3.6

The Old Convent

Ballyhaunis

305

Others

112

36.7

Nigeria

255

33.1

DR Congo

57

7.4

Somalia

41

5.3

South Africa

26

3.4

Zimbabwe

23

3

Meath

Mosney Accommodation Centre

Mosney

770

Others

368

47.8

Nigeria

58

42

Pakistan

11

8

Ghana

9

6.6

DR Congo

7

5

Iran

5

3.6

Sierra Leone

5

3.6

Monaghan

St. Patricks

Monaghan

138

Others

43

31.2

Nigeria

56

24.7

Pakistan

19

8.4

DR Congo

15

6.6

Zimbabwe

13

5.7

Afghanistan

10

4.4

Sligo

Globe House

Chaptel Hill

227

Others

114

50.2

Nigeria

22

21.4

Pakistan

11

10.7

DR Congo

9

8.7

Ghana

8

7.8

Georgia

7

6.8

Tipp. South

Bridgewater House

Carrick-On-Suir

103

Others

46

44.6

Nigeria

21

27.6

DR Congo

12

15.8

Iraq

8

10.5

South Africa

5

6.6

Congo

5

6.6

Waterford

Atlantic House

Tramore, Co. Waterford

76

Others

25

32.9

Nigeria

55

81

DR Congo

2

2.9

Ireland

2

2.9

Ivory Coast

2

2.9

Kenya

2

2.9

South Africa

2

2.9

Ocean View

Tramore, Co. Waterford

68

Others

3

4.5

Nigeria

26

17.7

Dr Congo

20

13.6

Sudan

10

6.8

Ghana

9

6.1

Kenya

8

5.4

Ursuline Complex

Ballytruckle Road

147

Others

74

50.4

Sudan

10

10.9

DR Congo

9

9.8

Afghanistan

8

8.7

Cameroon

8

8.7

Somalia

7

7.6

Viking House

Coffee House Lane

92

Others

50

54.3

Nigeria

140

42.3

Pakistan

24

7.3

Israel

24

7.3

Angola

17

5.1

Ireland

17

5.1

Westmeath

Athlone Accommodation Centre

Athlone

331

Others

109

32.9

Iraq

5

9.8

Somalia

4

7.8

Iran

4

7.8

Algeria

3

5.9

Cameroon

3

5.9

Ethopia

3

5.9

Nigeria

3

5.9

Wexford

Old Rectory House

New Ross

51

Others

26

51

Nigeria

7

33.4

Russia

7

33.4

Iraq

3

14.2

Wicklow

Beechlawn,

Rathdrum, Co. Wicklow.

21

Others

4

19.0

Iran

3

13

Somalia

3

13

Algeria

2

8.7

Cameroon

2

8.7

Nigeria

2

8.7

The Warrens

Wicklow Town

23

Others

11

47.9

5,892

Occupancy of Self Catering Centres as at 31/12/2007

County

Location

Address

Current Occup.

Top 5 Nationalities

Nos.

%

Togo

11

26.2

Cameroon

6

14.3

Nigeria

4

9.5

DR Congo

4

9.5

Kenya

4

9.5

Cork

Davis Street Apartments

73-75 Davis Street, Mallow

42

Others

13

31

DR Congo

7

15.6

Moldova

7

15.6

Somalia

7

15.6

Macedonia

4

8.8

Nigeria

4

8.8

Dublin

Glenview House

Tallaght, Dublin 24

45

Others

16

35.6

Algeria

5

38.4

Russia

4

30.8

Harbour View

Grand Canal Place, Dublin 1

13

Somalia

4

30.8

Dr Congo

10

52.6

Nigeria

4

21.1

Cameroon

2

10.5

Pakistan

2

10.5

James Street Apartments

143 James St, Dublin 8

19

Ireland

1

5.3

Ukraine

4

36.4

DR Congo

3

27.2

Iran

2

18.2

Portobello Harbour

7, Portobello Harbour, Dublin 8.

11

Kenya

2

18.2

DR Congo

16

23.9

Angola

6

9.0

Iraq

5

7.5

Georgia

4

5.9

Zimbabwe

4

5.9

Tathony House

Bow Lane West, Dublin 8

67

Others

32

47.8

Nigeria

17

37.0

Romania

6

13.0

South Africa

4

8.7

Serbia

3

6.5

Watergate House

11-14 Usher’s Quay, Dublin 8

46

Others

16

34.8

Nigeria

46

22.0

Croatia

18

8.6

DR Congo

14

6.7

Algeria

12

5.7

Angola

9

4.3

Pakistan

9

4.3

Louth

Carroll Village

Dundalk

209

Others

101

48.4

Nigeria

16

24.2

DR Congo

6

9.1

Serbia

6

9.1

South Africa

6

9.1

Zimbabwe

6

9.1

Roscommon

Station Road Apartments

Station Road, Ballaghadereen

66

Others

26

39.4

518

Profile of RIA residents as of 31/12/07 by Location, Nationality & Accommodation Centre.

Occupancy of Reception Centres at Week ending 31/12/2007

County

Location

Address

Current Occup.

Top 5 Nationalities

Nos.

%

Nigeria

105

39.0

Pakistan

16

6

Georgia

12

4.5

DR Congo

12

4.5

Zimbabwe

10

3.7

Dublin

Balseskin

St. Margaret’s Finglas

269

Others

114

42.3

Pakistan

7

17.5

Iran

5

12.5

Iraq

5

12.5

DR Congo

4

10

Kosova

4

10

Kilmacud

40

Others

15

37.5

309

Total for all centres

6,719

Occupancy Levels refer to week ending 31/12/2007 — accommodation centres.

Occupancy Levels refer to Self Catering Centres.

Occupancy Levels refer to Reception Centres.

The occupancy level for all centres was 6,719 at 31 December, 2007.

Garda Deployment.

Jack Wall

Question:

100 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if he supports a matter (details supplied). [43205/08]

I am informed by the Garda authorities that the location referred to is in Clontarf Garda Sub-District. Local Garda management is aware of public disorder and anti-social behaviour in the area concerned and has directed additional patrols. A member of the local Community Policing Unit is designated for this area and liaises with the local resident and business communities. Any specific issues raised receive appropriate attention. The area is also regularly patrolled by uniform and plain-clothes units, including the Community Policing Unit. Patrols are supplemented by the District Garda Mountain Bike Unit, Detective and Drugs Units, the Divisional Crime Task Force and Traffic Corps personnel.

Current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour, and community policing is a central feature and core value of policing policy. This strategy is, and will continue to be, central to the delivery of the policing service in the area in question.

Airport Security.

Jack Wall

Question:

101 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the legal basis for requiring domestic air travellers to present at immigration control desks at Irish airports. [43206/08]

Immigration legislation does not provide for immigration controls on persons travelling by air within the State nor is there any intention of imposing such controls on persons who so travel. However, I understand that the configuration of disembarkation arrangements in the State's airports generally does not provide for a separation of passengers disembarking from domestic flights and other flights. A consequence of this is that all passengers must pass through immigration control to ensure that those persons who by law require the permission of an immigration officer to enter the State are subject to the proper controls.

Any change to these arrangements would be a matter for the Garda National Immigration Bureau and the relevant airport authorities who would have to be satisfied that airport security and the integrity of the immigration process would not be compromised.

Garda Training.

Thomas P. Broughan

Question:

102 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of training places and courses available to gardaí in Templemore; the number who attended courses; the capacity for each year from 2002 to date in 2008; the Garda budget allocated to fund ongoing training courses to gardaí for each year from 2002 and for 2009; the number of personnel in the Garda Reserve; the number in training; the proposed intake of garda reserves in 2009; and if he will make a statement on the matter. [43209/08]

I have requested the information sought from the Garda authorities and I will contact the Deputy directly when this information is to hand.

Garda Transport.

Thomas P. Broughan

Question:

103 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of marked and unmarked Garda vehicles allocated to Coolock, Raheny, Howth, Malahide, Santry and Ballymun Garda stations; and if he will make a statement on the matter. [43210/08]

I am advised by the Garda authorities that the numbers of marked and unmarked Garda vehicles allocated to the Garda Stations referred to by the Deputy as at 25th November 2008 are as follows:

Station

Marked

Unmarked

Coolock

6

10

Raheny

3

4

Howth

1

1

Malahide

3

3

Santry

28

22

Ballymun

3

7

Garda vehicles, both marked and unmarked, which are based at Santry are deployed to cover surrounding areas within the Division.

Victims of Crime.

Brendan Kenneally

Question:

104 Deputy Brendan Kenneally asked the Minister for Justice, Equality and Law Reform the protocols in place for the Garda Síochána to respond either to victims or people who report crime; and if he will make a statement on the matter. [43216/08]

It is Garda Síochána policy to provide the best service possible to victims of crime. I understand that under the revised Garda Charter for Victims of Crime members of An Garda Síochána taking incident reports from victims of crime will inform each victim of available support services and provide each victim with the National Crime Victims Helpline number, in writing. An Garda Síochána have also adopted the procedure of issuing a letter to the victim, informing them of the name of the investigating Garda, how to contact the Garda, details of the PULSE Incident Number and the number of the National Crime Victims Helpline or ITAS as appropriate.

The purpose of the Pulse letter is to provide feedback to the victims and to enable them to make appropriate inquiries at any PULSE networked Garda Station on the current status of their case. It also affords the victim an opportunity to avail of victim support services as the letter is accompanied by a list of national and regional organisations that support victims of crime. It is for the individual to decide if he/she wishes to avail of the services provided by these organisations. A letter is also sent to the victim in all cases where a person is made amenable for the crime.

As outlined by the Garda Charter, Garda Family Liaison Officers are appointed to keep victims' families informed of the progress of more serious investigations and to ensure that they are afforded appropriate and relevant emotional, psychological, informational and practical support. The local Superintendent will appoint a Garda Family Liaison Officer to families of victims, who have been or are being subjected to emotional or psychological trauma related to incidents / crimes of:

Homicide;

Kidnappings;

False imprisonment;

Hostage siege situations;

Crime (other than above) where violence or an immediate threat of violence has been visited upon the victim;

Suicide and road traffic fatalities.

In cases of rape and other sexual offences a member of the investigating team, approved by the local Superintendent, will perform the functions of the Garda Family Liaison Officer. The Garda Charter may be viewed in full on the Garda Síochána website at www.garda.ie.

The Deputy may already be aware that at my request the Commission for the Support of Victims of Crime is currently engaged in carrying out a review of the Victims Charter and guide to the criminal justice system which my Department first published in 1999. The Victims Charter includes a Garda Charter.

The Garda Inspectorate have been requested to advise on the development and implementation of the Garda Charter proposed in the Programme for Government which will set out targeted response times and levels of service which the public can expect including frequency of high visibility patrols in urban and rural communities. The Garda Inspectorate have advised me that they expect to complete their report early next year and I look forward to receiving their advice.

Asylum Applications.

Bernard J. Durkan

Question:

105 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for leave to remain in the State and asylum in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [43293/08]

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.

Residency Permits.

Bernard J. Durkan

Question:

106 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [43294/08]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 161 of Thursday, 25 September 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Asylum Applications.

Bernard J. Durkan

Question:

107 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application under humanitarian leave to remain here in the case of persons (details supplied) in County Roscommon; and if he will make a statement on the matter. [43295/08]

The applicants applied for asylum on the 5th May 2004. The four children were included on the mother's file. They were refused a declaration of asylum on the 17th and 30th January 2006 respectively. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, they were informed that the then Minister proposed to make Deportation Orders in respect of them. All were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the state; leaving the state before orders are made or consenting to the making of Deportation Orders.

Representations for Leave to Remain were received on behalf of the applicants on the 6th February 2006, 8 August 2007 and 18th June 2008. Having considered all of the applicants files and all representations received, I decided to make Deportation Orders in respect of the applicants on 30th October 2008. The applicants instituted Judicial Review proceedings in the High Court on 21 August 2008, accordingly this case is sub judice, and I do not propose to comment further on this matter.

Citizenship Applications.

Bernard J. Durkan

Question:

108 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for citizenship and family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [43296/08]

An application for a Certificate of Naturalisation from the person concerned was received in the Citizenship Section of my Department in June 2006 and I decided to refuse the application. The reason for the refusal was disclosed to the applicant in a letter dated 11 November 2008. It is open to the person in question to lodge a new application if and when he is in a position to satisfy the statutory requirements applicable at that time. However, in doing so he should bear in mind the reason for refusal of his previous application. An application for family reunification on behalf of this person's son was approved and a letter to this effect was issued on 26 September 2006. No further applications for family reunification have been received from the individual concerned.

Residency Permits.

Bernard J. Durkan

Question:

109 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [43297/08]

I refer the Deputy to Parliamentary Question No. 373 of Tuesday 22 April 2008, and the written Reply to that Question. The person concerned arrived in the State on 28 November 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 April 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 were submitted on behalf of the person concerned at that time.

The person concerned, through his legal representative, submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) on 17 May 2007. However, this application was not accepted as it was not signed by the person concerned. As a result, the application was returned to the legal representative of the person concerned, by letter dated 30 May 2007. This communication informed the legal representative that, before this application could be considered, it must be returned, fully completed, within a period of ten working days from the date of that letter. The completed application for Subsidiary Protection in the State was not returned to my Department by the due date and, as such, no further consideration has been given to that application.

The case file of the person concerned now falls to be dealt with in accordance with the provisions of the Immigration Act, 1999 (as amended). The Deputy can be assured that all representations submitted by, or on behalf of, the person concerned will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Question:

110 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43298/08]

The person concerned applied for asylum on her own behalf and on behalf of her infant daughter on 20 July 2005. The 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 October 2007, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. She was also notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

111 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43299/08]

The person concerned was born in the State in 2005 to an asylum seeking mother. An asylum application was submitted on behalf of the person concerned on 14 September 2007. This 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 8 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). An application for Subsidiary Protection in the State was submitted on behalf of the person concerned in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

112 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [43300/08]

The first named person concerned applied for asylum on 14 September 2006. Her infant child was included as a child dependant in this application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 30 May 2007, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. In addition, the first named person concerned was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The first named person concerned submitted an application for Subsidiary Protection in the State 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.

With regard to the second named person concerned, the Deputy should note that it is not the practice to comment in detail on individual applications for refugee status 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.

Bernard J. Durkan

Question:

113 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43301/08]

The person concerned applied for asylum in the State on 7 August 2002 but later withdrew her application and applied for residency in the State on the basis of her parentage of an Irish citizen child. The person concerned was refused residency in the State on the basis of her parentage of an Irish citizen child and this decision was conveyed to the person concerned by letter dated 12 March 2004. This communication also informed the person concerned that, arising from the refusal of her residency application and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), 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 were submitted on behalf of the person concerned at that time.

The person concerned re-applied for asylum in the State on 1 April 2004 and her application was refused following the investigation of her claims by the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, the person concerned was informed, by letter dated 6 December 2004, 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 were submitted on behalf of the person concerned.

The person concerned applied for permission to remain in the State on the basis of her parentage of an Irish citizen child, born in the State before 1 January 2005, in accordance with the Revised Arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 Scheme. Following the consideration of this application, a decision was taken to refuse the application and this decision was conveyed in writing to the person concerned by letter dated 12 January 2006. The person concerned was later 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). No such application was submitted.

The case file of the person concerned, including all representations submitted, now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the person concerned 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, before the file of the person concerned is passed to me for decision.

Bernard J. Durkan

Question:

114 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [43302/08]

I refer the Deputy to Parliamentary Question No. 540 of Thursday, 17 April 2008, and the written Reply to that Question. The person concerned applied for asylum on 8 December 2004. 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 31 January 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

Representations have been submitted on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Question:

115 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [43303/08]

I refer the Deputy to Parliamentary Question No. 535 of Thursday, 17 April 2008, and the written Reply to that Question. The person concerned applied for asylum on 8 December 2004. 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 31 January 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

Representations have been submitted on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43304/08]

The first named person concerned arrived in the State as an unaccompanied minor but was later reunited with her mother and included as a child dependant on her mother's asylum application. The mother of the person concerned subsequently withdrew her asylum application and applied for residency in the State on the basis of her parentage of an Irish citizen child. The residency application was refused and this decision was conveyed in writing to the mother of the person concerned by letter dated 12 March 2004.

This communication also advised the mother of the person concerned that, arising from the refusal of her residency application and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the Minister proposed to make Deportation Orders in respect of her and her dependant children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the mother of the person concerned at that time.

The mother of the person concerned re-applied for asylum in the State on 1 April 2004 and the person concerned was again included as a child dependant on her mother's asylum application. This asylum application was refused following the investigation of the application by the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of the asylum application, the mother of the person concerned was informed, by letter dated 6 December 2004, that the Minister proposed to make Deportation Orders in respect of her and her dependant children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the mother of the person concerned.

The mother of the person concerned applied for permission to remain in the State on the basis of her parentage of an Irish citizen child, born in the State before 1 January 2005, in accordance with the Revised Arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 Scheme. Following the consideration of this application, a decision was taken to refuse the application and this decision was conveyed in writing to the mother of the person concerned by letter dated 12 January 2006.

The mother of the person concerned was later 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). No such application has been submitted.

The case file of the mother of the person concerned now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by, and on behalf of, the mother of the person concerned 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 before the file is passed to me for decision.

The Deputy might wish to note that all decisions taken to date in respect of the mother of the person concerned have applied equally to the person concerned. However, given that the person concerned is now an adult, from now on her position in the State will fall to be considered on the basis of its own merits. Against this background, I understand that a representative of my Department will be writing to the person concerned in the coming days to advise her to this effect and to also invite her to submit any new representations she would wish to have considered before I take a final decision in her case. The Deputy might wish to note that any such decision would have regard for the provisions of 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.

Citizenship Applications.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for citizenship in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [43305/08]

Officials in the Citizenship Section of my Department inform me that, having checked their records, no trace of an application for a certificate of naturalisation from the person referred to in the Deputy's Question has been found.

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must:

be of full age;

be of good character;

have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;

intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include:

periods of residence in respect of which an applicant does not have permission to remain in the State;

periods granted for the purposes of study;

periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

It is open to the persons concerned to lodge applications for certificates of naturalisation if and when they are in a position to meet the statutory requirements applicable at that time.

Residency Permits.

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [43306/08]

The person concerned applied for asylum on 8 November 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 21 March 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. There is no record of any representations having been submitted by, or on behalf of, the person concerned.

Following consideration of her case, 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, a Deportation Order was signed in respect of the person concerned on 13 May 2005. Notice of this Order was served by registered letter dated 31 May 2005 requiring the person concerned to present herself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for her deportation from the State. This letter was returned undelivered to my Department as a result of which the person concerned was classified as a person who was evading her deportation.

Subsequently, the person concerned, through her legal representative, requested that the decision to issue a Deportation Order in respect of the person concerned be reviewed. Following a review of the case file of the person concerned, a decision was taken to revoke the Deportation Order and to permit the person concerned to submit fresh representations in support of an application for permission to remain temporarily in the State. Owing to an administrative oversight in my Department, it appears that the person concerned was not subsequently invited to submit fresh representations. As a result, I have been assured by Department Officials that this invitation is now being forwarded to the person concerned and her legal representative. The case of the person concerned will be considered further upon receipt of a response to my Department's letter.

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [43307/08]

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

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43308/08]

The person concerned, while under 16 years of age, availed of the permission to remain in the State granted to his mother under the IBC/05 scheme. On reaching the age of sixteen, the person requires permission to remain in the State in his own right. The person is advised to write to my Department at INIS, PO Box 10003, Dublin 2, requesting permission to remain in the State as the dependent of a parent who has been granted permission to remain under the IBC/05 scheme. Consideration will be given to the request, and the person concerned will be notified should further documentation be required, or of any decision made.

Public Order Offences.

Pat Rabbitte

Question:

121 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the growing practice of persons begging at major junctions, often in dangerous traffic circumstances; the law in this matter; if he has plans to address the situation; and if he will make a statement on the matter. [43347/08]

I am pleased to inform the Deputy that the Government recently approved my proposals for new legislation to deal with the outcome of the High Court judgement which found that section 3 of the Vagrancy (Ireland) Act 1847 was unconstitutional. That was the section under which prosecutions for begging were brought. The new legislation is now being drafted. I expect it will be published in 2009.

The General Scheme of the Criminal Justice (Public Order)(Amendment) Bill is available on my Department's website. The new legislation will provide that begging will be an offence where it is accompanied by unacceptable behaviour such as harassment, obstruction or intimidation. The Bill will also provide a new power that will enable the Gardaí to direct persons who are begging to desist. A failure to comply with a direction may result in an arrest and charge. I believe this new power will prove to be an effective addition to the enforcement options available to the Gardaí.

Passport Applications.

Joe Costello

Question:

122 Deputy Joe Costello asked the Minister for Foreign Affairs if he will reply to a letter (details supplied); and if he will make a statement on the matter. [43270/08]

The person in question applied for a passport in 1995. The application was made in a surname adopted upon marriage and in accordance with normal procedure, the applicant's previous birth surname was also shown on the form. The applicant stated on the application form that she had not held a previous passport.

In the course of checking the applicant's data against the passport office database, it was discovered that a passport had been issued in 1988 to a person with the same first name, date of birth and former maiden name of the applicant. The Passport Office then contacted the person in question regarding the 1988 passport. The applicant stated that she had not been issued with a previous passport and inspection of the 1988 application file confirmed that this related to a separate individual. A passport was then issued to the person in question.

The Passport Office established separate passport files for the two individuals. The person in question renewed her passport without any difficulty in April 2006. She subsequently requested details of all passports issued to her. The Passport Office provided summary details from her passport file of the two passports issued to her in 1995 and 2006. The person in question then requested a copy of the application made in 1988. The Passport Office explained both by phone and in writing to the person in question that the application lodged in 1988 had been made by a different individual and that data protection legislation precluded the release of a copy of that application to her. A response to the letter dated 14 November 2008 to the Deputy will be issued shortly.

Sports Capital Programme.

Dan Neville

Question:

123 Deputy Dan Neville asked the Minister for Arts, Sport and Tourism when application forms in respect of the sports capital programme for 2009 will become available. [43218/08]

Paul Connaughton

Question:

127 Deputy Paul Connaughton asked the Minister for Arts, Sport and Tourism if the sports capital grants will be available in 2009; when applications will be accepted; and if he will make a statement on the matter. [43326/08]

Willie Penrose

Question:

128 Deputy Willie Penrose asked the Minister for Arts, Sport and Tourism when the application forms for lottery funding in respect of capital sports grants will be available for the year 2009; the closing date for submissions thereof; and if he will make a statement on the matter. [43346/08]

I propose to take Questions Nos. 123, 127 and 128 together.

The Deputies will be aware that allocations under the 2008 Sports Capital Programme were announced in July last. No decision has yet been made about the timing of further rounds of the Programme.

Arts Funding.

Tom Sheahan

Question:

124 Deputy Tom Sheahan asked the Minister for Arts, Sport and Tourism if he will allocate funding towards the world bodhrán festival which will be held in Milltown, County Kerry. [43258/08]

The Department has received no application from the organisers of the festival for funding in 2009.

Departmental Bodies.

Mary Upton

Question:

125 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism when the National Library of Ireland, the National Archives and the Manuscripts Commission will be amalgamated; the amount that will be saved as a result of this amalgamation; his views on whether this amalgamation is feasible or appropriate; and if he will make a statement on the matter. [43260/08]

I refer the Deputy to my reply to Questions Nos. 76, 77 and 84 on 19th November 2008.

Mary Upton

Question:

126 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism when the National Gallery of Ireland, the Irish Museum of Modern Art and the Crawford Gallery will be amalgamated; the amount that will be saved as a result of this amalgamation; his views on whether this amalgamation is feasible or appropriate; and if he will make a statement on the matter. [43261/08]

I refer the Deputy to my reply to Questions Nos. 76, 77 and 84 on 19th November 2008.

Questions Nos. 127 and 128 answered with Question No. 123.

Ferry Services.

Joanna Tuffy

Question:

129 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the tender process for the awarding of ferry contracts to the islands off the coast; and if he will make a statement on the matter. [43251/08]

The processes followed by my Department in relation to the award of island ferry contracts are in accordance with the relevant provisions of EU Directive 2004/18/EC on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts and are also guided by:

Commission Interpretative Communication of 23 June 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives;

Council Regulation (EEC) No. 3577/92 applying to the principle of freedom to provide services to maritime transport within Member States (maritime cabotage); and

the Communication of 22 December 2003 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the interpretation of Council Regulation (EEC) No. 3577/92, as updated by COM (2006) of 11 May 2006.

My Department's processes have also been informed by legal advice from the Office of the Attorney General.

Joanna Tuffy

Question:

130 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs if all documentation relating to the awarding of the Cape Clear ferry contract in March 2007 will be made available; if all correspondence between his Department and those who tendered for this ferry contract will also be made available; and if he will make a statement on the matter. [43252/08]

As a general rule, records relating to successful tender bids may be released by my Department to requesters, in accordance with the relevant provisions of the Freedom of Information Acts 1997 and 2003. I am arranging for copies of such material relating to the Cléire ferry service to be made directly available to the Deputy. In line with guidance provided by the Office of the Information Commissioner, it is not the current practice of my Department to release records relating to unsuccessful tender bids.

Social Welfare Code.

Róisín Shortall

Question:

131 Deputy Róisín Shortall asked the Minister for Social and Family Affairs her estimate of the saving in a full year in respect of her proposal to reduce the rate of child benefit in respect of 18 year olds in 2009 and to abolish the payment in respect of 18 year olds in 2011; and her estimate of the number of families affected by this measure in 2009, 2010 and 2011. [43175/08]

As announced in the Budget, the Government has decided that from now on child benefit will no longer be paid in respect of those who are 18 years old. At that stage, they are effectively treated as adults in most respects. This change will be phased in gradually. A half payment will be made in respect of existing and future qualifying children from January 2009 and from January 2010 the payment will cease from the 18 birthday. Special transitional alleviating measures are being introduced for young people in social welfare dependent and low income families.

The net savings from this change to child benefit entitlements is expected to be €27.6 million in 2009, €67.2 million in 2010 and €79 million per annum from 2011 onwards. It is estimated that the savings arising from the halving of the rate of child benefit from the 18th birthday will be €39.4 million in 2009 and will affect payment in respect of 39,600 children. This will be offset by compensatory payments for families on social welfare payments costing €11.8 million which will benefit 13,000 children approximately in 2009 and 2010. It is estimated that savings of €79 million will arise in 2010 from the removal of the entitlement to child benefit from the 18 birthday and that around 39,600 children will be affected.

Róisín Shortall

Question:

132 Deputy Róisín Shortall asked the Minister for Social and Family Affairs her estimate of the saving in a full year in respect of her various proposals to increase the minimum contributions criteria for illness benefit, jobseekers benefit and health and safety benefit respectively; and her estimate of the number of persons in respect of each benefit in a full year who will not qualify as a result of this proposal. [43177/08]

Social insurance is intended both to enable people to insure themselves against adverse life events such as illness or unemployment and to provide for their state pensions and other benefits, through contributions to the national Social Insurance Fund. Social insurance benefits are not means-tested. Instead, entitlement depends on having paid the required number of PRSI contributions relevant to the particular benefit you wish to claim.

For the past eleven years, the Social Insurance Fund has been in surplus, with more than sufficient income to the fund to cover the payments being made from it each year, without the State having to provide a subsidy. However, that is changing. As a result of further increases in the live register, expenditure is expected to exceed income to the Fund by over €200 million this year and about €900 million next year. Although these current deficits can be met from the accumulated surplus, it looks likely that the Exchequer may yet again have to subsidise expenditure from the Social Insurance Fund within a few years. In that context, it is appropriate to look at some of the instances where people with a very limited or distant contribution record have been able to qualify for very significant benefits, regardless of their household income.

Two sets of proposals were introduced in the Budget in relation to the minimum contributions required for entitlement to certain social insurance benefits. The number of paid contributions required for underlying entitlement to illness benefit, jobseeker's benefit and health and safety benefit was increased from 52 to 104 paid contributions over a person's working life. At present people can qualify for such benefits after only one year's work. In addition, a claimant for jobseeker's benefit or health and safety benefit will now be required to have paid 13 contributions in the relevant tax year. This condition, which already applies in the case of illness benefit, will ensure a uniform rationalised approach across all short-term social insurance schemes.

It is estimated that the net full year savings arising from these measures will be €5 million in the case of illness benefit and €18.1 million in the case of jobseeker's benefit. It is estimated that the weekly average number of recipients affected in a full year will be 920 in the case of illness benefit and 4,500 in the case of jobseeker's benefit. Such persons will be able to claim supplementary welfare allowance instead of illness benefit and jobseeker's allowance instead of jobseeker's benefit if they have limited means.

A very small number of people are in receipt of health and safety benefit at any one time. As a result, the estimated weekly savings arising from the changes in the contribution requirements and the numbers of people affected are minimal.

Róisín Shortall

Question:

133 Deputy Róisín Shortall asked the Minister for Social and Family Affairs her estimate of the saving in a full year in respect of her proposal to limit the duration of illness benefit; and her estimate of the number of persons in a full year who will not qualify as a result of this proposal. [43178/08]

Illness Benefit was intended to provide income replacement for insured persons during short spells of incapacity or illness, while other payments are available to people who can't work long-term because of a disability or a medical condition. However, there is currently no limit on the amount of time for which Illness Benefit can be paid to people who have more than 260 social insurance contributions. As a recently published OECD review notes, this is very unusual because there is a great risk that people in such circumstances will never return to the labour market. Accordingly, the Government has decided to confine entitlement to Illness Benefit to two years (or 624 days) duration for claims arising after the 5th January 2009. Persons currently in receipt of Illness Benefit will not be affected by the change.

It is estimated that net savings of €101 million will arise from the measure in a full year. Around 28,500 persons would be affected by the measure in a full year, but approximately two thirds of these would be entitled to another social welfare payment instead of illness benefit. As the measure is only applying to new applicants from January 2008, it will take a number of years before the full year impact is realized.

Róisín Shortall

Question:

134 Deputy Róisín Shortall asked the Minister for Social and Family Affairs her estimate of the saving in a full year in respect of her proposal to increase the reckonable salary ceiling to €300 per week in order to qualify for the maximum rate of jobseekers benefit; and her estimate of the number of persons in a full year who will not qualify for the maximum rate of jobseekers benefit as a result of this proposal. [43179/08]

At present some people who were previously working part-time can receive a higher rate of payment from jobseekers benefit than what they were actually earning whilst at work. This is because the graduated rating structure which applies in such cases has not been revised since 2003. This situation is inappropriate and a disincentive to employment and so, from next January, the situation will be addressed by increasing the earnings thresholds which currently apply to the reduced or graduated rates of payment from €150 to €300 per week. It is estimated that net savings of €3.4 million will arise from the measure in a full year and that a weekly average of around 3,300 recipients will be affected.

Social Welfare Benefits.

Jack Wall

Question:

135 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare in education cannot receive a rent subsidy payment from the Health Service Executive to provide a permanent home for the person and the child; and if she will make a statement on the matter. [43221/08]

The supplementary welfare allowance scheme, which is administered on behalf of the Department by community welfare division of the Health Service Executive (HSE), provides for the payment of rent supplement to eligible people whose means are insufficient to meet their accommodation costs. The Health Service Executive has advised that the person concerned has been refused rent supplement on the grounds that she is not eligible for payment as she is not in receipt of a social welfare payment and is currently participating in full-time education. People in full-time education are excluded from receiving income support, including rent supplement, under the supplementary welfare allowance scheme, unless they are in receipt of a back-to-education allowance.

The person concerned has been advised by the community welfare officer of her right to lodge an appeal with the HSE Appeals Office against the decision to refuse rent supplement. The Executive has also advised that rent supplement was paid, as an exceptional measure, while the person concerned was awaiting a decision on her application for back-to-education allowance, which was subsequently refused.

Defence Forces Personnel.

Jack Wall

Question:

136 Deputy Jack Wall asked the Minister for Defence if, further to Parliamentary Question No. 487 of 11 November 2008, the appointments were made in relation to the advertised positions; if so, the number of applicants who were interviewed; the ranks of those interviewed; the ranks of those who obtained the positions offered; and if he will make a statement on the matter. [43249/08]

The appointments referred to have not yet been made. There were a total of two (2) sergeants and seven (7) corporals who applied and competed for the positions. Three (3) candidates have been sent for medical reclassification in order to fill these appointments. The promotions will take place shortly when this process has been completed.

Army Barracks.

Caoimhghín Ó Caoláin

Question:

137 Deputy Caoimhghín Ó Caoláin asked the Minister for Defence the number and the location of barracks that have been closed down or amalgamated in the past ten years; and the amount of money that has been raised from the sale of these properties. [43345/08]

The information sought by the Deputy is set out in the table below.

Year

Barracks & Location

Amount

1998

Nil

1999

Nil

2000

Nil

2001

Fitzgerald Camp, Fermoy, Cork

973,889

2002

Devoy Barracks, Naas, Co Kildare

9,271,597

Castleblayney Barracks, Monaghan

763,698

2003

Murphy Barracks, Ballincollig, Cork (Lot 1)

41,010,599

Murphy Barracks, Ballincollig, Cork (Lot 2)

1,050,034

Waterford Barracks

661,534

2004

Clancy Barracks, Dublin

25,400,000

Murphy Barracks, Ballincollig, Cork (Site)

1,730,073

2005

Nil

2006

Nil

2007

Murphy Barracks, Ballincollig, Cork (1.7 acres)

1,095,401

Murphy Barracks, Ballincollig Cork (.9 acres)

50,000

2008

Nil

Total

82,006,825

Recycling Policy.

Caoimhghín Ó Caoláin

Question:

138 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his plans to improve the locations and opening hours of recycling facilities for hazardous household waste to prevent people binning hazardous items simply because they are unable to access recycling facilities. [43192/08]

Operational matters such as the location and opening hours of recycling facilities for hazardous household waste are the responsibility of the relevant local authorities. I am fully committed to the continuing development of a national network of waste recycling facilities. Since 2002, over €100 million has been allocated by my Department to local authorities to assist in the capital costs of establishing and developing such facilities. To date in 2008 my Department has paid €22.2 million in capital grants towards the development of waste recovery and recycling infrastructure.

My Department also provides an annual subvention to local authorities to assist in the operational costs associated with their recycling facilities, and this can include improvement in public opening hours. In 2007 authorities received €12 million in grant assistance for operational costs over the period July 2006 to June 2007 and I have made a similar provision to cover the period July 2007 to June 2008. The recently published National Hazardous Waste Management Plan 2008-2012, prepared by the EPA contains a number of relevant recommendations which will now be considered by the responsible bodies concerned, including the local authorities.

Water and Sewerage Schemes.

Deirdre Clune

Question:

139 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he is in receipt of an application from Cork City Council for funding to implement a water services rehabilitation programme; when he will make a decision on this application; and if he will make a statement on the matter. [43207/08]

My Department is currently examining Cork City Council's Preliminary Report for proposed water mains rehabilitation works estimated to cost €12.2 million. A decision will be conveyed to the Council as soon as possible.

Question No. 140 answered with Question No. 30.

Strategy on Homelessness.

Willie Penrose

Question:

141 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will confirm that his Department has received an application for funding from Westmeath County Council to provide emergency accommodation for homeless men, particularly in the context that Westmeath County Council acquired a site for this property but no commitment has been given by either the Health Service Executive or his Department to date for funding of same; if his attention has been drawn to the fact that a male hostel is needed now; and if he will make a statement on the matter. [43277/08]

There is no funding application in respect of this project with my Department at present.

Election Management System.

Bernard J. Durkan

Question:

142 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if any curtailments of expenditure are expected to take place in respect of electronic voting with particular reference to the ongoing annual costs involved in view of the economic situation; and if he will make a statement on the matter. [43278/08]

Bernard J. Durkan

Question:

143 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if a buyer has been found for the electronic voting technology which is costing the taxpayer an increasing amount annually; and if he will make a statement on the matter. [43279/08]

Bernard J. Durkan

Question:

144 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has sought, received or offered any solution to the ongoing costly problem of the electronic voting technology now in storage and expected to be so for the foreseeable future; and if he will make a statement on the matter. [43280/08]

I propose to take Questions Nos. 142 to 144, inclusive, together.

I am at present considering the next steps to be taken in relation to the electronic voting and counting project. In this, I am taking into account the work of the Commission on Electronic Voting, which has examined the system, relevant experiences and developments internationally, the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally.

I am aware of the issues that have been raised in relation to storage arrangements for the machines. On this matter, the Government decision to proceed with the movement of the electronic voting equipment to centralised premises was the right approach. Given the scale of investment in the system to date, and the importance of the issues involved for our electoral system, it is essential that the future of the project be examined objectively and in a thorough and comprehensive manner. It is important that we come to the best decision possible. It is not possible to make more specific comment at this point on the project itself, or on future plans for the machines, pending completion of the necessary work and a decision by Government in the matter.

Social and Affordable Housing.

Bernard J. Durkan

Question:

145 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if the term affordable housing means affordable to the purchaser or affordable to the vendor; if his recent initiatives in this area will enable a purchaser using traditional borrowing and lending criteria to be in a position to undertake an affordable mortgage; and if he will make a statement on the matter. [43281/08]

The various affordable housing schemes assist in achieving the Government objective of enabling every household to have available an affordable dwelling, as far as possible, at the tenure of its choice. This is accomplished by making homes available for purchase by those who, under normal circumstances, cannot afford outright ownership at full market prices.

Mortgage finance for affordable housing has traditionally been available from the local authorities backed by Housing Finance Agency lending. This continues to be the case. However, in recent times, Bank of Ireland Mortgage Bank, the EBS, Irish Intercontinental Bank, First Active, Haven Mortgages and more recently Ulster Bank are now providing mortgage finance for affordable housing applicants. The entry of additional mortgage providers into the affordable housing market makes for more competition and consumer choice.

The Home Choice loan scheme announced recently is designed to respond, in a targeted way, to a very specific set of circumstances in the housing market whereby prospective first-time buyers who would previously have been in a position to access mortgage finance from one of the financial institutions are not currently in a position to do so, due to the impacts of the credit crunch. It is targeted at purchases on the open market and, accordingly, does not apply to purchases under the Affordable Housing Schemes. Home Choice will be available to first time buyers of new houses and self builds, subject to a maximum loan of €285,000, depending on income, and a maximum loan to value ratio of 92%. The loan term will be up to 30 years and a minimum income of €40,000 for single applicants and €50,000 for joint applicants will be required.

A detailed, robust and prudent credit policy governing all aspects of loan decisions, including, inter alia, requirements in relation to the financial standing of applicants, proportion of net monthly income required to make loan repayments, and employment conditions, is now being finalised. An applicant's ability to pay will also be stress-tested to assess their ability to repay at current rates and in the event of significant interest rate rises.

Bernard J. Durkan

Question:

146 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of houses provided to date under the affordable housing heading; and if he will make a statement on the matter. [43282/08]

Information on affordable housing activity, up to the end of June 2008, is available on my Department's website at www.environ.ie. Information is also published in my Department’s Housing Statistics Bulletins, copies of which are available in the Oireachtas Library.

Bernard J. Durkan

Question:

147 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he will take to augment the public housing programme; and if he will make a statement on the matter. [43283/08]

We have made considerable progress in recent years in meeting housing needs through the broad range of social and affordable housing programmes. In 2007 alone, the needs of almost 18,300 households were met across the housing spectrum and all the indications available to us at this stage would suggest that 2008 will be another year of significant delivery under the main housing programmes.

Looking to the future, the results of the 2008 Housing Needs Assessment, due to be finalised shortly, will show a significant increase in overall net housing need, against a background of a significantly more constrained fiscal environment. While this presents a challenging scenario, the €1.66 billion in funding provided for housing in the 2009 Estimates will allow us to maintain strong momentum towards meeting our commitments in the Towards 2016 social partnership agreement and our longer-term goals under the NDP. In particular, progress will be underpinned by the continued roll-out of the Rental Accommodation Scheme and new initiatives including the sourcing of accommodation for social housing through long term lease arrangements, and the introduction of an Incremental Purchase Scheme through which lower income households can access home ownership.

Water Quality.

Bernard J. Durkan

Question:

148 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he or his Department have identified deficiencies in the public water supply arising from pollution due to lack of public sewerage facilities or other causes; and if he will make a statement on the matter. [43284/08]

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that the quality of the public water supply throughout the country is up to the highest possible standards and that there is no repetition of the water supply problems experienced in County Galway; and if he will make a statement on the matter. [43285/08]

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will give an assurance regarding the adequacy and quality of the public water supply in all areas throughout the country now and in the future; and if he will make a statement on the matter. [43286/08]

I propose to take Questions Nos. 148 to 150, inclusive, together.

It is the responsibility of the relevant local authority to deliver quality public water supplies to meet current and future needs. The quality of individual supplies is monitored by the EPA and its most recent report, The Quality of Drinking Water in Ireland — A Report for the Years 2006 and 2007, is available in the Oireachtas Library. I have put in place a rigorous supervisory framework to ensure good quality drinking water is available and that effective mechanisms are in place to deal quickly and effectively with problems where they arise. Under the European Communities (Drinking Water) (No. 2) Regulations, 2007, local authority drinking water supplies are subject to supervision by the EPA and I have given the Agency the necessary resources to back up its new enforcement powers.

Under the drinking water regulations, local authorities are obliged to ensure that any failure to meet quality standards in a water supply is investigated immediately to determine the cause. The authority is also obliged to inform the EPA promptly and to consult with the Health Service Executive. Where incidences of contamination occur, the EPA can issue such directions to the local authority as necessary to prevent or remove any health risk. Failure to comply with such a direction is an indictable offence and subject to heavy penalties. In addition, my Department coordinates and finances a major programme of investment in improved water supply infrastructure. €560 million was provided in the Budget for the Water Services Investment Programme in 2009, the highest ever such allocation and an increase of 19% over the 2008. This is a clear statement of the priority assigned to the preservation and protection of our water resources, to meeting EU standards for drinking water and wastewater treatment and to providing critical water and wastewater infrastructure.

The schemes included in the current Water Services Investment Programme are derived mainly from the assessments of needs undertaken by all local authorities, at my Department's request, as an input to the overall strategy for meeting water services infrastructural requirements. Among the criteria local authorities are required to take into account in preparing assessments of needs are compliance with national and EU drinking water standards, including reports produced by the EPA annually in relation to drinking water quality. I am satisfied that the policies and resources in place will ensure that our water supplies are capable of meeting the required quality standards and current and anticipated demands.

Water and Sewerage Schemes.

Bernard J. Durkan

Question:

151 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he proposes to take steps to ensure the capital programme in respect of small, medium and large sewerage schemes throughout the country will proceed unimpeded with particular reference to the need to eliminate potential pollution of water courses; and if he will make a statement on the matter. [43287/08]

Local authorities are required by my Department to undertake regular assessments of needs for new or upgraded infrastructure in their areas and to determine their priorities in accordance with the assessments. In carrying out these assessments authorities take a range of factors into account, including:

relevant national and EU environmental and public health water quality statutory requirements and standards, including the requirements of the Urban Wastewater Treatment Regulations, 2001;

relevant reports and studies such as the National Urban Waste Water Study and any similar studies/reports commissioned locally;

relevant reports produced by the Environmental Protection Agency on water quality and urban wastewater discharges;

the adequacy of existing collection networks and, in the case of anticipated development, the adequacy of the capacity of existing treatment plants;

continued support for economic activity and the National Spatial Strategy.

The needs assessments produced by local authorities were taken into account in the selection and scheduling of the schemes approved for funding under my Department's Water Services Investment Programme 2007 -2009 which is available in the Oireachtas Library. €560 million was provided in the Budget for the Programme in 2009, the highest ever such allocation and an increase of 19% over the 2008 provision. This is a clear statement of the priority assigned to the preservation and protection of our water resources, to meeting EU standards for drinking water and wastewater treatment and to providing critical new water and wastewater infrastructure.

Bernard J. Durkan

Question:

152 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if it is expected to allocate the necessary funding to Kildare County Council to enable the Ballyna group water scheme to proceed in 2009; and if he will make a statement on the matter. [43288/08]

I refer to the reply to Question No. 207 of 23 October 2008. The position is unchanged.

Local Authority Funding.

Bernard J. Durkan

Question:

153 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he proposes to provide additional funding to the various local authorities throughout the country with a view to offsetting the impact of the downturn in the economy and providing essential services; and if he will make a statement on the matter. [43289/08]

Local authorities will spend some €11.7bn on capital and current expenditure in 2009. Some €1.6bn will be available for allocation via the Local Government Fund. General-Purpose Grants are the contribution that my Department makes to local authorities to meet the gap between the cost to them of providing a reasonable level of day-to-day services and the income they obtain from other sources. A total of €935.2m in General-Purpose Grants will be provided to local authorities from the Local Government Fund.

The Local Government Fund is also providing significant funding to local authorities for the improvement and maintenance of local and regional roads. An amount of €564.5m has been allocated to the Department of Transport from the Local Government Fund for 2009 for this purpose. An additional amount in the region of €80m will be allocated for particular purposes including the operation of Water Services, and the administration of Group Water Schemes and the Vehicle Registration Unit.

General purpose grants are important in assisting local authorities to balance their budgets. They comprise about one fifth of the funding required by authorities to provide their day to day services, although the proportion varies between authorities. Local authorities receive income from a range of sources including rates, charges for goods and services, specific State grants and general purpose grants from the Local Government Fund. There are no additional resources available to me to increase general purpose funding to local authorities.

It is a matter for each local authority to prioritise its spending, within the resources available to it, across the range of services it provides. Equally, local authorities must ensure full value for money for the resources invested, and seek the maximum efficiency across their operations. I am satisfied that the general purpose allocations I have provided for 2009, together with the income available from other sources, will enable Local Authorities to provide an acceptable level of service to their customers.

Local Authority Housing.

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will substantially increase funding to Kildare County Council to facilitate increased requirements under the public housing programme; and if he will make a statement on the matter. [43290/08]

The final allocations for the 2009 Social Housing Investment Programme to be announced early next year will take account of the 2008 Housing Needs Assessment to be finalised shortly, and so will appropriately reflect any change in identified needs in the Kildare area.

Greenhouse Gas Emissions.

Bernard J. Durkan

Question:

155 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if, along with his EU colleagues, he has quantified the economic impact on Ireland and the EU of proposals to combat climate change; and if he will make a statement on the matter. [43291/08]

In January, the European Commission proposed a legislative package for the implementation of the EU's objectives on climate change and renewable energy for 2020. This package included key policy proposals for the revision of the EU Emissions Trading System, the sharing of effort by Member States to meet the Community's greenhouse gas emissions commitments, and the promotion of renewable energy. Accompanying these proposals to the European Parliament and the Council, the European Commission also published an impact assessment of various elements of the package.

The impact assessment has estimated that the EU's GDP in 2020 would be 0.68% lower than the 2020 baseline, where EU GDP is estimated to grow by 38% by 2020 compared to 2005. The impact assessment also estimated that Ireland's GDP in 2020 would be 0.80% lower than the 2020 baseline, where Ireland's GDP is estimated to grow by 54% by 2020 compared to 2005.

Bernard J. Durkan

Question:

156 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to bring about a CO2 reduction; if it is intended to meet EU or Irish targets; and if he will make a statement on the matter. [43292/08]

I refer to the reply to Question No. 1 of 23 October 2008, in which I outlined the range of work underway, and addressed in my second Carbon Budget in October 2008, to reduce greenhouse gas emissions for the purposes of the Kyoto Protocol, and the longer-term.

Departmental Agencies.

Frank Feighan

Question:

157 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the number of staff employed in the EPA on a yearly basis. [43334/08]

The Environmental Protection Agency Act, 1992 includes provision enabling the EPA to determine charges or scales of charges in relation to the provision by it of services. I have no function in that regard. The Agency employed 290 staff in the years 2006 and 2007, and this increased to 340 staff in 2008.

Election Management System.

Ciaran Lynch

Question:

158 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government when responsibility for the storage of electronic voting machines was assigned to returning officers; the guidelines that were provided to returning officers in regard to the suitability of accommodation and the preferred type and length of storage contracts; and if he will make a statement on the matter. [43341/08]

I refer to the replies to Question Nos. 220 of 13 November 2008 and 152 of 20 November 2008. Responsibility for the security and safe storage of manual voting electoral materials (such as ballot boxes, stamping instruments and stationery) is a matter for the Returning Officers, who are statutorily responsible for conducting the polls. Accordingly, similar responsibility was assigned to Returning Officers to make the necessary arrangements in relation to the storage of the electronic voting machines and equipment. Returning Officers undertook the task of procuring suitable accommodation for the electronic voting machines and ancillary equipment, and the detailed contractual and other arrangements put in place by Returning Officers reflect the varying circumstances applying at local level.

In January 2003, Returning Officers were advised by my Department to make arrangements for storage of the voting equipment in advance of delivery and, in this regard, of the need for the machines to be stored in a clean, dry atmosphere and of the space likely to be required for this purpose. This guidance was set out in Circular Letter F. 2/03 of 3 January 2003, issued by my Department. I will arrange for a copy of this circular to be forwarded to the Deputy.

Water Pollution.

David Stanton

Question:

159 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if a baseline health study will be carried out in Cork Harbour following the debate earlier in 2008 on the implications of possible cancer causing chemicals being released into the harbour from the former steel plant at Haulbowline; and if he will make a statement on the matter. [43353/08]

An environmental assessment of the current status of the Haulbowline site by consultants, White Young Green, and a peer review of it have been completed. My Department is currently examining the reports and the recommendations contained within them. Once this is completed I will release the reports into the public domain, which I expect will occur early next week. I will then advise Government on the outcome and actions that may be necessary, including in regard to the question of any studies on human health.

Waste Disposal.

David Stanton

Question:

160 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if his Department has carried out research into the amount of residual waste that might need to be treated by incineration annually; if his Department has an estimate of the capacity of the proposed incinerator plants in the State; his views on incineration as a method of dealing with waste; his policy on this issue; and if he will make a statement on the matter. [43354/08]

The Programme for Government signalled the further development of waste and resource policy in the direction of sustainability and, in particular, to move away from mass burn incineration towards alternative technologies. Arising from a commitment in the Programme, a major international review of waste management strategy is now under way. This will inform the Government's approach to waste prevention and minimisation and to diversion of waste from landfill. This review will examine, in particular, the emergence of new technologies in waste management, particularly those for the mechanical and biological treatment of waste, which can reduce the need for incineration or landfill.

At present there are no municipal waste incinerators in Ireland and my Department has no function in determining the number, type, location or capacity of any such facilities that may be constructed. Such projects would be advanced by private sector service providers or by local authorities, generally by way of a public private partnership. It is a matter for the promoters of such projects to seek and obtain the necessary regulatory approvals, i.e. planning permission and a waste licence.

In carrying out their functions, planning authorities, including An Bord Pleanála, and the EPA, in regard to waste licensing, act independently of the Minister. The approved capacity of individual facilities is a matter for determination through these processes, as provided for in the Planning and Development and Waste Management Acts.

My view generally is that undue emphasis on incineration as the cornerstone of waste management policy is detrimental to the development of alternative solutions. The current review of waste policy may well indicate a continuing role for incineration in our future waste management strategy but I do not envisage it being on anything like the scale that was previously envisaged. Data available to my Department from the National Waste Report were used to extrapolate that by 2016, and having met EU landfill diversion targets, the volume of waste requiring further treatment could potentially be reduced to some 400,000 tonnes, provided that sufficient capacity for the mechanical and biological treatment of waste can be developed in that timeframe.

Alternative Energy Projects.

Noel Coonan

Question:

161 Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources the grants available from his Department to help alleviate the costs of introducing alternative energy sources such as wood pellet burners, insulation, solar panels and so on in new homes; and if he will make a statement on the matter. [43267/08]

The Building Regulations 2008, which came into force on July 1st, make the inclusion of renewable energy in new homes mandatory. As a result grant support towards installation of renewable technologies in new homes is no longer available under the Greener Homes Scheme. The Building Regulations mandatory requirement will of itself significantly stimulate demand for renewable energy products and services. The presence in the market of 1,300 installers who have successfully completed nationally accredited training will underpin this regulatory requirement. The installation of renewable heating systems in existing homes, which is typically more complex and more expensive, is receiving continued support in the short to medium term while the market reaches maturity.

The Low Carbon Homes Programme, which will be administered by Sustainable Energy Ireland, will provide grants to developers of up to 40% of eligible expenditure to encourage large developments of new homes to an energy performance standard well in excess of the recently adopted building Regulations. Homes built under the Programme will be at least 70% more energy efficient and produce at least 70% less carbon dioxide than homes built to 2005 standards and will have a Building Energy Rating (BER) of at least A2. Homes built to the standard of the recently adopted Building Regulations, which are already among the best in Europe, would typically have a BER of B1, two points below the minimum standard of the new programme.

Energy Conservation.

Noel Coonan

Question:

162 Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources the grants available from his Department to help alleviate the costs in respect of insulation of older homes; and if he will make a statement on the matter. [43268/08]

Financial supports are available to homeowners under two schemes funded by my Department to improve the energy efficiency of existing houses. For households on low incomes, such as those in receipt of fuel allowance, invalidity or disability benefit, the Warmer Homes Scheme managed by Sustainable Energy Ireland (SEI) will install cavity wall insulation, attic insulation, a boiler lagging jacket, draught proofing measures and CFLs. Advice is also provided to householders on minimising energy use. These measures are provided free or at a token cost. Funding of €10 million has been made available for this Scheme in 2009, which includes a contribution of €5 million in total from ESB and Bord Gáis.

Householders generally will be in a position to avail of grants for energy efficiency improvement measures under the Home Energy Saving Scheme from next year. I launched the Scheme this year on a pilot basis, in a selected number of areas, and with a budget of €5 million. The pilot Scheme is grant aiding cavity wall insulation, wall lining insulation, external insulation, attic insulation, heating controls and low emission double glazing. This pilot phase is informing the design of the wider roll out of the scheme in 2009 for which provision of €20 million has been made.

Departmental Staff.

Michael Creed

Question:

163 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the incentives available in his Department to staff to avail of early retirement; the likelihood of these schemes being made more attractive both in terms of pension and lump sum provision; and if he will make a statement on the matter. [43187/08]

The only early retirement arrangements which staff in my Department can avail of is Cost Neutral Early Retirement. This is a facility which allows established staff to retire between 50 and 60 and un-established staff to retire between 55 and 65 with immediate payment of pension and lump sum. These benefits are subject to actuarial reduction to take account of early payment of the lump sum and the longer period over which the pension is payable. All terms and conditions pertaining to superannuation for civil servants are a matter for the Minister for Finance.

Poultry Imports.

Michael Creed

Question:

164 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the quantity of gas flushed poultry meat imported in 2007; and if he will make a statement on the matter. [43189/08]

The trade statistics available to my Department do not differentiate imports on the basis of how products are packaged.

Milk Quota.

Michael Creed

Question:

165 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his views on the significant variation in prices in individual co-op areas ranging from 10 cent to 40 cent per litre available under the fifth round of the milk quota trading scheme; the legal advice which his Department has taken regarding the operation of this scheme and the restriction it imposes on those intending to sell their quotas and the restriction it places on them regarding the limited number of potential purchasers to whom they can offer their quota; and if he will make a statement on the matter. [43190/08]

The variation in price experienced in the latest Milk Quota Trading Scheme reflects a similar pattern in the previous four trading schemes run in the past two years. These variations arise for a variety of reasons, the more prominent being the balance between supply and demand within Co-op areas. Those areas with the largest market clearing prices display the characteristics of a strong level of demand compared to tightness of supply and vice versa in other areas where the price is relatively low. It was always recognized that prices would vary from Co-op to Co-op, reflecting the particular market characteristics of each Co-op area.

The Milk Quota Trading Scheme complies with the terms of Article 75 of Council Regulation (EC) No 1234/2007. In addition, in accordance with established practice, my Department engaged in a detailed consultation process under the auspices of the Milk Quota Review Group, whose membership includes the main farming organisations and ICOS, before the decision to proceed with the current scheme was made. The advice of the Attorney General was also taken into account in the implementation of the scheme.

Horticulture Industry.

Michael Creed

Question:

166 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the value of the horticulture and nursery sector in the economy here; the number of persons employed therein; and if he will make a statement on the matter. [43196/08]

The horticulture and nursery sector contributed approximately €282 million to farm output in 2007. There are no definitive statistics of the number of persons employed but the industry is heavily labour intensive and it is estimated that as many as 18,500 are employed across the food and non-food areas.

Michael Creed

Question:

167 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his plans to realise the potential of the horticulture and nursery sector to increase export earnings; and if he will make a statement on the matter. [43197/08]

The horticulture and nursery sector contributed approximately €282 million to farm output in 2007 and has considerable potential for further development but producers concentrate for the most part on supplying the home market and on import substitution. The only notable exception is the mushroom sector in that up to 80% of this crop is grown for export to the UK.

Aid is available under the NDP scheme of investment aid for the commercial horticulture sector and scheme for capital investments in marketing and processing in the horticulture sector to assist in the upgrading or development of facilities with the aim of maximizing the potential of the sector. The EU producer organisation scheme provides an important mechanism for growers to become part of a larger supply base, concentrate marketing and improve quality. Bord Bia can provide information on international market trends and support producers in their efforts to develop new markets. It can help in the area of product innovation and also provide support for horticultural producers in the application of marketing skills, including merchandising, product presentation and public relations.

Grant Payments.

Phil Hogan

Question:

168 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when a transfer of entitlement and payment will be made to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [43214/08]

An application was received on the 8 May 2008 requesting the transfer of 32.69 standard entitlements by way of lease from the first person named to the second person named. As the first person named had insufficient entitlements to cover the requested transfer, it was necessary to obtain clarification and approval regarding the number of entitlements to be transferred. This issue has now been resolved and 32.17 standard entitlements have been transferred by way of lease from the first person named to the second person named. Payment will issue shortly.

Paul Kehoe

Question:

169 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of a headage payment and single farm payment in respect of a person (details supplied) in County Wexford; when payment will be made; and if he will make a statement on the matter. [43215/08]

The person named submitted an application under the Single Payment Scheme/ Disadvantaged Area Scheme and he included a commonage parcel on this application. The Department is currently examining the usage of this commonage parcel on which the person named is a claimant. This examination has been necessitated as the claims submitted on this commonage exceed the area of the commonage that is eligible for payment. The Department has communicated with all the claimants concerned and is awaiting documentary evidence of their right to their claim. A decision regarding payment will be made when the Department has received and reviewed all of the documentation requested.

Departmental Schemes.

David Stanton

Question:

170 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the number of applications for installation aid and early retirement being processed by his Department; if applications that are otherwise in order and for which legal arrangements were put in place prior to the budget 2009 announcements will be allowed; and if he will make a statement on the matter. [43241/08]

The number of applications under the Early Retirement Scheme currently being processed by my Department is 156. There are 941 applications under the Young Farmers' Installation Scheme; of these 326 have been paid. All fully completed applications for these Schemes received by my Department up to and including 14 October 2008 will be processed and, if in order, payment will be made.

Grant Payments.

Paul Connaughton

Question:

171 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not received payment for their first year in REP scheme four; if his attention has been drawn to the fact that because the applicant was not permitted to join REP scheme three there is now an undue delay on payment; and if he will make a statement on the matter. [43317/08]

Where a valid REPS 4 application has been submitted, advance payments of 75% under the EU regulations governing REPS 4 can issue only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. The balancing 25% payment will follow when all 2008 REPS on-farm inspections have taken place. Following the resolution of industrial action in local offices of my Department, the administrative checking has been resumed with a view to releasing payments as soon as possible.

Paul Connaughton

Question:

172 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not received their single farm payment or their area based payment; and if he will make a statement on the matter. [43321/08]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 7th May 2008. This application was selected for and was the subject of a ground eligibility and cross compliance inspection. The file is currently being processed and payment will issue shortly. The delay in this case arose because of the need to clarify a number of issues relating to the parcels claimed by the person named.

Paul Connaughton

Question:

173 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if the suckler cow welfare grant will be awarded in respect of all animals sought on application by a person (details supplied) in County Galway; if his attention has been drawn to the fact that a small mistake occurred; if he will accept that the herd owner made a genuine mistake; and if he will make a statement on the matter. [43327/08]

The person named applied for the Suckler Welfare Scheme on 15 January 2008. Each applicant is obliged to submit data in respect of animal events for beef calves born during 2008, e.g. disbudding, meal introduction and weaning. These mainly consist of dates, with the date of weaning the most important, as it triggers the payment process. To date, 17 calves have been tagged and registered, and of these 12 have been processed following the receipt of the weaning date.

Five animals have qualified for payment, with €81.18 paid on 11 November 2008, and a further €316.52 is now due to issue. The remaining 7 animals are still in error as a result of conflicting dates for weaning and meal feeding, and this has also resulted in a penalty deduction of €12.30 from the first two payments. Staff from the Suckler Herds Section of my Department in Portlaoise will be in contact with the person named shortly to seek to resolve the error queries.

School Funding.

Michael Ring

Question:

174 Deputy Michael Ring asked the Minister for Education and Science the effect the budget cuts for 2009 will have on a secondary school (details supplied) in County Mayo in relation to staffing numbers, abolition of book grants, abolition of grants such as home economics, physics, chemistry, and leaving certificate applied, and the increase in pupil teacher ratio; and if he will make a statement on the matter. [43184/08]

The 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect, Education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the Budget measures in place, there will still be a significantly increased borrowing requirement in 2009.

My Department will be advising individual schools, including the school referred to by the Deputy, in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the processing of enrolment data that has been received from schools. The staffing allocation processes, including notification to schools, will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules.

In addition to the mainstream classroom teachers, my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels, which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. At this time the priority for my Department, within the resources available to it, is to carry out those processes in a timely manner.

Capitation Grants.

Mary Upton

Question:

175 Deputy Mary Upton asked the Minister for Education and Science the progress on the commitment in the programme for Government to double the primary school capitation fee; if his attention has been drawn to the fact that nearly every school has a funding shortfall for essential services and that this has to be made up through fund-raising; his views on the inequality in funding for schools as the fund-raising abilities of parents in disadvantaged areas are clearly less than those of middle and upper income families; the action he will take to reduce this inequality; and if he will make a statement on the matter. [43200/08]

This Government's continued prioritisation of education over the last 11 years is evidenced from our investment in 2009 of €9.6 billion — over treble what it was in 1997. The increase of €302m in the Education budget for 2009 is a real achievement in the current economic climate. Education is one of only three Government Departments to have increased funding in 2009. The commitment in relation to doubling the capitation grant to primary schools can only be looked at and considered in the context of the overall economic and budgetary position.

While I appreciate that the abolition of certain grants will make it a challenging year ahead in terms of the day to day funding of schools I have prioritised funding for primary schools. The Education Budget for 2009 has provided for improvements to capitation and ancillary grants for primary schools which will increase from €167 million in 2008 to almost €190 million in 2009. This builds on the progress that has been made in recent years that has seen the primary school capitation grant increased from €81.26 per pupil in 2000 to its current rate of €200. This represents an increase of 146% in the standard rate of capitation grant since 2000. The budget improvements involve an increase of more than €21 to bring the rate to €200 per pupil and the ancillary services grant for primary schools will also be improved by €3.50 to €155 per pupil.

Taken together, these increases mean that primary schools eligible for the full ancillary services grant will get €355 per pupil — or almost €25 extra — in this school year to cover their day to day running costs, with a primary school of 300 pupils getting €7,475 more. In 2000, a primary school with 300 pupils was in receipt of less than €40,000 to meet its day to day running costs. That same school under these new rates will receive €106,500. This excludes the salary of teachers and Special Needs Assistants which are paid by the Department. Furthermore, enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €512 to €986 per pupil — an increase of 59% from the rate in 2006.

My Department recognises the additional funding pressures that arise in schools serving disadvantaged areas. A very significant number of schools — about a fifth of all primary schools and almost a third of our second level schools — are within the Department's DEIS programme for disadvantaged schools and get additional funding that recognises this. In the region of €800 million will be spent by the Department this year on tackling educational disadvantage at all levels — from pre-school to further and higher education. This represents an increase of nearly €70 million on the comparable 2007 figure and is testament to the Government's determination to prioritise social inclusion and ensure that children and young people get the supports they need to do well at school.

We are committed to investing in education but we have to invest at a level that is consistent with what we can afford and what is sustainable at the moment given economic circumstances. I am confident that as the global economy improves it will be possible to build again on the significant achievements of recent years and do so in a manner consistent with overall prudent management of the Irish economy.

Teacher Training.

Thomas P. Broughan

Question:

176 Deputy Thomas P. Broughan asked the Minister for Education and Science the number of additional undergraduates and postgraduate primary school teacher places introduced since 2003, up to and including the 2008/2009 academic year; and if he will make a statement on the matter. [43212/08]

The level of student intake to the Colleges of Education is determined annually by my Department and it takes account of the supply of, and demand for primary teachers. The number of places on the Bachelor of Education and Post Graduate courses are detailed in the following table.

The intake into the Colleges of Education in future years will continue to be kept under review by my Department to ensure that there is an adequate supply of teachers. In this regard the Teaching Council's database of registered teachers will be able to provide a range of different information on the numbers of registered teachers in various disciplines and on their qualifications. This information will provide valuable input into my Department's examination of issues around the supply and demand for teachers.

As the Deputy will see from the table my Department approved an additional 210 post graduate primary teacher education places for the 2008 intake bringing to 490 the total number of post graduate students in the four colleges who are studying to become primary teachers. 490 post graduate teacher education places have also been approved for the 2009 intake. In addition to the above, an on-line Graduate Diploma in Primary Education, accredited by the Higher Education and Training Awards Council (HETAC), has been provided by Hibernia College since 2004. This is a part time course and allows third level graduates to continue working while studying for their teaching qualification. The Graduate Diploma conferred at the end of this course, is recognised by my Department for the purposes of primary teaching. It is estimated that there will be in the region of 500 graduates from the Hibernia College in 2008.

Year

Post Graduate February

Bachelor of Education September

Increase

2003

280

1000

2004

280

1000

2005

280

1000

2006

280

1000

2007

280

1000

2008

490

1000

210

2009

490

Not yet known

Ministerial Travel.

Martin Ferris

Question:

177 Deputy Martin Ferris asked the Minister for Education and Science his plans to visit Kerry in the near future; if he will include a visit to schools (details supplied) in County Kerry in the visit; and if he will make a statement on the matter. [43213/08]

I am pleased to inform the Deputy that I have already met with a deputation from one of the schools he refers to. I do not have any plans to visit Kerry at the moment.

School Discipline.

John Cregan

Question:

178 Deputy John Cregan asked the Minister for Education and Science the authority and process by which a second level school (details supplied) in County Dublin can expel or suspend a pupil; the criteria or regulation under which a pupil can be expelled on a Monday morning because of an altercation between them and a fellow pupil which took place over the weekend; if his Department will assist in getting this pupil back into school after eight months; and if he will make a statement on the matter. [43274/08]

Under Section 15 of the Education Act 1998, it is the duty of the Board of Management to manage a school on behalf of the patron and for the benefit of the students and their parents. As part of its functions, the board has a duty to publish the school's policy on the expulsion and suspension of students. Section 23 of the Education Welfare Act 2000 requires all schools to have in place a code of behaviour. It is the responsibility of the board to ensure that students comply with this code of behaviour and to deal with disciplinary matters in the school in accordance with this code. The National Educational Welfare Board is the statutory agency that assists parents who experience difficulty in securing a school place for their child.

I am advised that the board is aware of this case and is providing advice and guidance to the parents. Sanction for Home Tuition has been approved by the Department of Education and Science as an interim measure, until a school place is secured. Under section 29 of the Education Act 1998, where a school board of management permanently excludes a student from school, that decision may be appealed either to the relevant vocational educational committee, or to the Secretary General of my Department. I understand that the father of this student has initiated a section 29 appeal to my Department and my Department has requested additional documentation before it can commence the appeal process.

School Equipment.

Thomas Byrne

Question:

179 Deputy Thomas Byrne asked the Minister for Education and Science the sources of funding available for the installation of an arsenic filter at a school (details supplied) in County Meath. [43314/08]

A devolved minor works grant is paid to all fully recognised primary schools annually. Primary school authorities may use their minor works grant to deal with the type of issue raised by the Deputy. Individual primary schools receive a grant of €5,500 plus €18.50 per pupil. My Department intends to pay the next round of minor works grant early in 2009.

Summer Works Scheme.

Thomas Byrne

Question:

180 Deputy Thomas Byrne asked the Minister for Education and Science the position regarding an application for summer works at a school (details supplied) in County Meath; and if approval will be given for the same application. [43315/08]

Since the summer works scheme was introduced in 2004, over 3,000 projects costing in excess of €300 million have been completed. With so many smaller projects having been completed over the past few years, the particular emphasis in 2008 is on providing sufficient school places in developing areas, while showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. Accordingly, my Department has focused on delivering as many large projects as possible in 2008.

There was no summer works scheme this year. However, I recognise the benefits of the scheme in addressing the needs of schools. I have previously informed the House of my intention to have a summer works scheme in 2009. The details of the operation of the scheme in 2009 and the level of funding to be made available under the scheme in 2009 are being considered.

School Accommodation.

Paul Connaughton

Question:

181 Deputy Paul Connaughton asked the Minister for Education and Science the plans he has to provide additional accommodation at a school (details supplied) in County Galway; if his attention has been drawn to the congestion there is in this school due to the increase in pupil numbers over the past few years; his proposals to provide grant aid for an extra classroom; and if he will make a statement on the matter. [43318/08]

The school authority referred to by the Deputy applied for an additional classroom in June 2008 to cater for a projected increase in enrolment. The enrolment on 30 September 2007 was 31 pupils and the school currently has a staffing of principal plus one mainstream teacher. This application for an additional classroom was refused on the basis that no additional mainstream teacher was due to be sanctioned for September 2008.

Schools Recognition.

Tony Gregory

Question:

182 Deputy Tony Gregory asked the Minister for Education and Science the progress that has been made with granting permanent recognition to a school (details supplied) in Dublin 9; the reasons for the delay in dealing with this request; and the timescale for the provision of a modern school building to replace the prefabricated accommodation in which the school is located. [43336/08]

The school to which the Deputy refers commenced operation in September 2002 with provisional recognition from the Department on the basis that it would provide multidenominational education in the Clontarf, Marino and Fairview areas of Dublin. The location of the school in Glasnevin, which is served by two multidenominational schools, was intended to be a purely temporary measure. The Department has asked the Office of Public Works to identify a suitable site for a permanent school building for the school in a more appropriate location. When this happens, the Department will review the question of permanent recognition.

Schools Amalgamation.

Tom Hayes

Question:

183 Deputy Tom Hayes asked the Minister for Education and Science the status of the schools amalgamation project in respect of primary schools in Cahir, County Tipperary; when the next step in the process for this project is planned; the amount that is budgeted for the school building; the level of priority of this project; the number of other projects across the country that have the same level of priority; and if he will make a statement on the matter. [43337/08]

The project to which the Deputy refers has a band 1.4 rating under the published prioritisation criteria for large scale building projects. This reflects the fact that accommodation is needed to facilitate an amalgamation. The project, which involves the acquisition of land to extend the site, is in the early stages of architectural planning. It is included among over 360 other projects at the various stages of this process. Of these projects, 105 have a band 1.1 rating, 25 have a band 1.2 rating, 6 have a band 1.3 rating and 37 have a band 1.4 rating. However, the Deputy should be aware that these numbers are subject to ongoing change as other projects come through the assessment process. This information also has to be taken in the context of the fact that the progression of large scale capital projects is just one element of the Department's capital programme.

The Department's capital programme in any given year comprises a number of component elements or sub-programmes. These include large-scale building projects — new school buildings and major extensions or refurbishments; emergency works; site acquisitions; remediation programmes — asbestos removal or radon mitigation; furniture and equipment; and the provision of temporary accommodation, etc. It is my intention to have a summer works scheme in 2009. A budget is not assigned to an individual project until a tender has been accepted and a project is allowed to proceed to construction. This happens during the advanced stages of architectural planning. Due to the overall extent of the demand on the Department's capital budget, it is not possible to provide an indicative timeframe for the further progression of the project in question at this time.

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