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Dáil Éireann debate -
Thursday, 5 Mar 2009

Vol. 677 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 9, inclusive, answered orally.

Employment Support Services.

Emmet Stagg

Question:

10 Deputy Emmet Stagg asked the Minister for Social and Family Affairs if she is satisfied with the integration of local social welfare offices, local partnership areas and local employment services in meeting the needs of recently unemployed people. [9279/09]

Pat Rabbitte

Question:

55 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs when she expects all catchment areas of social welfare offices to be co-ordinated with the catchment area of local partnership areas and local employment services; and the steps she is taking in this regard. [9280/09]

I propose to take Questions Nos. 10 and 55 together.

The Department has worked closely with Area Based Partnership Companies since their inception on issues relating to the broad social inclusion agenda and in particular on addressing the needs of the unemployed and the long term unemployed, and in doing so, has worked closely with other members of Partnerships at Board and working committee levels.

The Local Employment Service is under the aegis of FÁS and the Department has for many years worked closely with FÁS in particular in delivering the National Employment Action Plan under which unemployed customers are systematically referred to FÁS to support their efforts in accessing employment.

There is very close co-operation between the local offices of the Department, local partnership companies and local employment services including FÁS. Under the memorandum of understanding between FÁS and the Department of Social and Family Affairs, staff from both agencies hold regular meetings in order to discuss the operation of the employment action plan and to deal with any issues arising.

The Department has representatives on the board of local partnership companies throughout the country. In recent times the discussion has focused on how best the agencies can work together in supporting the unemployed with their training and educational needs at a time when there are limited employment opportunities. All agencies are challenged on how best to support unemployed ‘job ready' customers who have high educational qualifications. However some of these customers have gone directly from college into employment and are in need of training in job seeking and interview skills.

These meetings at local level between officials of the Department and those providing employment supports ensure enhanced services to customers.

The operation of Partnership companies and the programmes they implement is primarily a matter for my colleague, the Minister for Community, Rural and Gaeltacht Affairs. However, I understand that through that Department's cohesion process, the services provided by the Urban Partnerships and Integrated Companies are now available county-wide to all residents irrespective of location.

The Department of Social and Family Affairs, through its employment support and other services, has assisted many people away from long-term unemployment and back into the workforce. At present a network of facilitators works closely at local level with social welfare customers, including those on the live register, in order to determine training and development needs. In recent months the number of facilitator posts has been increased from 40 to 60. These facilitators arrange, through direct provision or jointly with other agencies, appropriate training and developmental programmes to equip customers to progress to employment, enhance their parenting skills or otherwise improve their life opportunities. Facilitators have access to some additional services, such as the special projects and family services funds which provide funding for specialised training and supports for those who are distant from the labour market and who need additional help in preparing them for further training and employment.

The Social and Economic Participation Programme under the national Development Plan (NDP) 2007-2013 is aimed at all people of working age regardless of the circumstances that led the person to require income maintenance. The cost of the programme will be €50m over the duration of the NDP 2007-2013. In the first 3 years €13m will be invested, following which the programme will be reviewed and a decision made on the extent and content of the programme over the following years. The enhanced facilitation service will build on the Department's existing experience and income maintenance relationship with the people concerned, in co-operation with other relevant service providers such as FÁS, VECs, the HSE and other local agencies. The vision is of a single transparent system with a primary focus on the customer.

For those on the Live Register, the main welfare to work measure is the National Employment Action Plan (NEAP). Under this plan, people who are approaching 3 months on the Live Register are referred to FÁS for interview with a view to job placement or an offer of training.

There is also a range of support services in place to assist unemployed people, particularly the long-term unemployed, lone parents, and sickness related welfare recipients to return to the active labour market either by taking up employment or becoming self-employed. These are provided through the operation of the Back to Education and Back to Work Allowance Schemes, the Technical Assistance and Training Grants and the PRSI Exemption Scheme. Activation and Family Services Programme and the Second Chance Education Opportunities Scheme also offer supports to social welfare customers and other disadvantaged persons to assist them to improve their employability and personal and family situations.

Overall, I am satisfied that the existing arrangements together with the proposed wider activation programme under the NDP provide a satisfactory level of coordination among all of the relevant bodies to ensure that the needs of the most marginalised are met in a positive manner.

In the light of the extent of this coordination the alignment of the catchment areas of Social Welfare offices, local Partnership areas and Local Employment Services is not considered necessary.

Social Welfare Benefits.

Phil Hogan

Question:

11 Deputy Phil Hogan asked the Minister for Social and Family Affairs her plans to review the mortgage interest supplement scheme; and if she will make a statement on the matter. [9178/09]

The mortgage interest supplement scheme is designed to help those who have difficulty meeting their mortgage repayment schedule where their means are insufficient to meet their needs. The scheme provides a short-term "safety net" within the overall social welfare scheme to ensure that people do not suffer hardship due to loss of employment.

A supplement may be paid in respect of mortgage interest only to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence.

There are currently over 9,800 people in receipt of mortgage interest supplement, an increase of almost 5,700 (138%) over the number in payment at end 2007.

The assessment for the existing mortgage interest supplement scheme provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive mortgage interest supplement subject to their satisfying the standard means assessment rules. In view of the current economic environment, the Department has commenced a review of the administration of the mortgage interest supplement scheme. The main purpose of the review is to consider how the mortgage interest supplement scheme can best meet its objective of catering for those who require assistance on a short-term basis, where they are unable to meet mortgage interest repayments on their sole place of residence. Legislative and operational issues arising in the existing mortgage interest scheme, including the cap on hours of employment, are also being examined.

The mortgage interest supplement scheme is administered by the community welfare service of the Health Service Executive on behalf of the department. The operational arrangements for the processing of applications and the payment to qualifying individuals, is a matter for the respective community welfare division areas.

I understand that the HSE is currently reviewing the allocation of staff currently engaged on the delivery of the supplementary welfare allowance scheme, including mortgage interest supplement.

The question of any increase in expenditure for staffing within the community welfare service above that currently provided would have to be considered in the context of overall Government policy on public service manpower levels.

Social Welfare Code.

Arthur Morgan

Question:

12 Deputy Arthur Morgan asked the Minister for Social and Family Affairs her views on whether the new PRSI requirements for jobseeker’s benefit unfairly penalise young people who may have lost their first jobs as a result of the economic downturn. [9242/09]

Arthur Morgan

Question:

19 Deputy Arthur Morgan asked the Minister for Social and Family Affairs the rationale behind changing the PRSI qualification for jobseeker’s benefit from the standard 52 weeks to the new 104 weeks. [9241/09]

I propose to take Questions Nos. 12 and 19 together.

Entitlement to a social insurance payment is based, among other things, on fulfilling the social insurance contribution conditions for the particular benefit being claimed. A person claiming jobseeker's benefit is required to have paid a minimum number of contributions since they first started working and also to demonstrate a recent attachment to the workforce by having a minimum number of contributions in a recent tax year.

These contribution rules aim to preserve a balance between the level of contributions paid and the amount of benefits received in terms of the rate of payment and the duration for which the payment will be made. This approach is informed by the contributory principle of the social insurance system, whereby contributors build an entitlement to benefits by having themselves made significant contributions. The principle protects both the entitlements of contributors and the rationale for the social insurance fund. The fund, having recorded a surplus of income over expenditure since 1995, recorded a deficit in 2008. A further shortfall is expected this year and 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.

The number of people claiming short-term benefits, such as Illness and Jobseeker's Benefit has increased significantly in recent years. In this context, the Government considered it appropriate to look at some of the instances where people with very limited or distant contribution record have been able to qualify for very significant benefits, regardless of their household income. It had been the case that a person who had paid just 52 PRSI contributions in total could qualify for jobseeker's benefit.

This meant that migrants or young workers who had only worked for a total of one year were entitled to claim jobseeker's payments for 12 months, without having to satisfy a means test.

From January 2009, the number of paid contributions required to qualify for the benefit was raised to 104 for new claimants to bring greater balance between the contributions made and the benefits received.

In addition, it had been the case that people who had paid 260 or more PRSI contributions could receive jobseeker's benefit for up to 15 months. From 15 October, 2008, this has been limited to 12 months for existing claimants with less than six months duration on the scheme as well as for all new claimants. Where the claimant has paid less than 260 PRSI contributions, the maximum duration of jobseeker's benefit is 9 months (instead of 12 months) for existing claimants who have been in receipt of benefit for less than three months and for all new claimants.

People who are affected by these changes will be able to claim jobseeker's allowance or supplementary welfare allowance subject to satisfying a means test. The maximum rate of these two schemes is paid at the same rate as jobseeker's benefit.

Róisín Shortall

Question:

13 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the action she has taken to ensure that all deciding officers are aware that a self-employed claimant’s previous years earnings should not be taken as their current means; if guidelines or additional memos have been issued in the past month to deciding officers; and if she will make a statement on the matter. [9264/09]

Self-employed people may apply for jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Means of a self-employed person are assessed having regard to previous earnings, the persons current earnings and the prevailing business environment, and likely level of income of the person in the coming 12 months.

Given the variety of self-employment situations, the means assessment procedures in these cases are applied in a flexible manner and they ensure that any circumstances that would be likely to lead to a significant variation, either upward or downward, in the level of a person's income from one year to the next are taken into consideration. Issues taken into account include the loss of a contract or the likelihood of finding a replacement contract.

Legislation provides for the assessment of all income in cash and any non-cash benefits which the person or his or her spouse may reasonably expect to receive during the succeeding year.

The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary the estimated earnings. Means would be taken as any net profit that they will earn in the coming 12 months.

If a self-employed person lost a contract and was unlikely to find a substitute contract in the coming year, this would be factored into the assessment of future income. It is recognised that the present downturn in the economy is having a significant impact on many self-employed persons and the consequent reduction in their income and activity levels would be reflected in any assessment of their means from self-employment for jobseeker's allowance purposes.

If a self-employed person's situation changes after they have made an initial claim for Jobseeker's Allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals office.

Social Welfare Benefits.

Jimmy Deenihan

Question:

14 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs the position regarding the measures put in place by her in conjunction with other Departments to meet the growing applications for assistance by people struggling to meet mortgage repayments; and if she will make a statement on the matter. [9159/09]

Kathleen Lynch

Question:

27 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs the steps she is taking to ensure that the qualifying criteria for mortgage interest supplement are altered to ensure that they do not discourage people from moving from welfare to work. [9269/09]

Joe Costello

Question:

52 Deputy Joe Costello asked the Minister for Social and Family Affairs the progress in reviewing the mortgage interest supplement; and her plans to amend this scheme to allow more people qualify. [9270/09]

Olwyn Enright

Question:

162 Deputy Olwyn Enright asked the Minister for Social and Family Affairs her plans to review the mortgage interest supplement scheme; and if she will make a statement on the matter. [9375/09]

I propose to take Questions Nos. 14, 27, 52 and 162 together.

The mortgage interest supplement scheme is designed to help those who have difficulty meeting their mortgage repayment schedule where their means are insufficient to meet their needs. The scheme provides a short-term "safety net" within the overall social welfare scheme to ensure that people do not suffer hardship due to loss of employment.

A supplement may be paid in respect of mortgage interest only to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence.

There are currently over 9,800 people in receipt of mortgage interest supplement, an increase of almost 5,700 (138%) over the number in payment at end 2007. The assessment for the existing mortgage interest supplement scheme provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive mortgage interest supplement subject to their satisfying the standard means assessment rules.

In view of the current economic environment, the Department has commenced a review of the administration of the mortgage interest supplement scheme. The main purpose of the review is to consider how the mortgage interest supplement scheme can best meet its objective of catering for those who require assistance on a short-term basis, where they are unable to meet mortgage interest repayments on their sole place of residence. Legislative and operational issues arising in the existing mortgage interest scheme, including the cap on hours of employment, are also being examined. The mortgage interest supplement scheme is administered by the community welfare service of the Health Service Executive on behalf of the department. The operational arrangements for the processing of applications and the payment to qualifying individuals, is a matter for the respective community welfare division areas.

I understand that the HSE is currently reviewing the allocation of staff currently engaged on the delivery of the supplementary welfare allowance scheme, including mortgage interest supplement.

The question of any increase in expenditure for staffing within the community welfare service above that currently provided would have to be considered in the context of overall Government policy on public service manpower levels.

Pension Provisions.

Joanna Tuffy

Question:

15 Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the discussions and correspondence between her Department and the European Commission in relation to Ireland’s compliance with Directive 80/987/EEC. [9292/09]

Damien English

Question:

17 Deputy Damien English asked the Minister for Social and Family Affairs her plans to introduce a pensions protection fund to provide protection for defined benefit scheme members in the event that a scheme is wound up with insufficient resources; and if she will make a statement on the matter. [9163/09]

Ciaran Lynch

Question:

23 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs if she has come to a decision on the possibility of applying any shortfall from the minimum funding standard in respect of a defined benefit pension scheme as a corporate debt on the company concerned. [9289/09]

Jack Wall

Question:

24 Deputy Jack Wall asked the Minister for Social and Family Affairs the steps she is taking to improve pension security for members of defined benefit schemes in the private sector. [9285/09]

Ciaran Lynch

Question:

29 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs if she has come to a decision on introducing a pension protection fund to underpin pension security for members of defined benefit schemes when their company becomes insolvent. [9290/09]

Michael D. Higgins

Question:

33 Deputy Michael D. Higgins asked the Minister for Social and Family Affairs if she is satisfied with the level of enforcement of the minimum funding standard in respect of defined benefit pensions. [9288/09]

Michael D. Higgins

Question:

45 Deputy Michael D. Higgins asked the Minister for Social and Family Affairs the number of defined benefit pension schemes that fail the minimum funding standard; and the number of these that are below 25% of the standard, 50% of the standard, and 75% of the standard respectively. [9287/09]

Brian O'Shea

Question:

50 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the action she is taking to ensure that the pension benefits of workers at a company (details supplied) are secure. [9293/09]

Brian O'Shea

Question:

71 Deputy Brian O’Shea asked the Minister for Social and Family Affairs if she is satisfied that Ireland is in full compliance with Directive 80/987/EEC; and her intentions to amend legislation arising from Court of Justice judgment case C/278/05. [9291/09]

I propose to take Questions Nos. 15, 17, 23, 24, 29, 33, 45, 50 and 71 together.

Under the Pensions Act, defined benefit pension schemes must meet a minimum funding standard which requires that schemes maintain sufficient assets to enable them discharge accrued liabilities in the event of the scheme winding up. Where schemes do not satisfy the Funding Standard, the sponsors/trustees must submit a funding proposal to the Pensions Board to restore full funding within three years. The Pensions Board can allow a scheme up to ten years to meet the standard in certain circumstances.

There are currently 1,355 defined benefit schemes subject to the funding standard. It is estimated that in excess of 90% of defined benefits pension scheme are in deficit. However, the full extent of the level of under-funding will not be fully apparent until all schemes carry out their next actuarial assessment and report the results to the Pensions Board.

The Government is very conscious of the pressures on both sponsoring employers and pension scheme trustees, arising from the very significant losses incurred by pension funds over the last year. We are anxious to ensure, in so far as we can, that those involved have sufficient time and space to fully assess the implications of the current difficulties for their schemes and the remedial action they can take.

The Government is continuing to consider the issues in relation to both the maintenance of the funding standard and the wider issue of future security of the supplementary pensions sector.

Indeed, we recently implemented a number of short-term measures to ease the pressures currently being felt by many pension funds. Those measures include—

The granting of extra time for schemes to formulate funding proposals.

Granting flexibility to the Pensions Board to allow longer periods (over 10 years) for recovery plans in appropriate circumstances;

Enabling the Board to allow the term of a replacement recovery plan to extend beyond the end date of the original plan in certain circumstances; and

Enabling the Board to take into account voluntary employer guarantees in approving recovery plans.

To ensure that these concessions are not seen as a weakening of supervision arrangements, the Pensions Board will not accept recovery plans which do not demonstrate an appropriate investment approach.

I believe that these measures will help all schemes currently in difficulty and will help to ensure the best outcomes for the scheme members themselves.

Decentralisation Programme.

Dinny McGinley

Question:

16 Deputy Dinny McGinley asked the Minister for Social and Family Affairs her plans to decentralise sections of her Department to Donegal town; if a site has been identified and purchased; when its is expected that the decentralisation to Donegal will be complete; and if she will make a statement on the matter. [5911/09]

Under the current programme of decentralisation, 258 posts in the Department are to be relocated to Donegal Town. As outlined in Budget 2009, the Government, following a review of the decentralisation programme, in light of the changed economic circumstances and the deterioration in public finances, agreed a revised schedule for the programme. In prioritising projects, a number of factors had to be taken into consideration, including issues such as sites purchased and commitments already made, costs involved and the expectations of staff already assigned to decentralising posts.

The Office of Public works is charged with securing accommodation for this Department's decentralisation programme and have advised that they have not purchased a site in Donegal Town.

The remaining elements of the programme have been deferred pending a review in 2011 in light of the budgetary developments. The position in respect of relocation to Donegal Town will be reviewed at that time.

Question No. 17 answered with Question No. 15.

Social Welfare Benefits.

Dan Neville

Question:

18 Deputy Dan Neville asked the Minister for Social and Family Affairs the average time it took for a jobseeker’s benefit claim to be processed during the period from the start of October 2008 to the end of January 2009; and if she will make a statement on the matter. [9193/09]

Joe McHugh

Question:

22 Deputy Joe McHugh asked the Minister for Social and Family Affairs the average time it took for a jobseeker’s allowance claim to be processed during the period from the start of October 2008 to the end of January 2009; and if she will make a statement on the matter. [9189/09]

Michael Noonan

Question:

28 Deputy Michael Noonan asked the Minister for Social and Family Affairs the average time it took each social welfare office to process a claim for jobseeker’s benefit during the period from the start of October 2008 to the end of January 2009; and if she will make a statement on the matter. [9196/09]

Jim O'Keeffe

Question:

38 Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the average time it took each social welfare office to process a claim for jobseeker’s allowance during the period from the start of October 2008 to the end of January 2009; and if she will make a statement on the matter. [9203/09]

Aengus Ó Snodaigh

Question:

72 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the waiting time for persons receiving the jobseeker’s benefit payment in the social welfare offices in Counties Dublin, Louth, Monaghan, Kerry and Donegal; and if she will make a statement on the matter. [9244/09]

I propose to take Questions Nos. 18, 22, 28, 38 and 72 together.

With the increase in the number of people applying for jobseeker's payments staff in local offices have been working extremely hard to process claims as quickly as possible.

Productivity has increased significantly. Nearly 155,000 claims were processed in Local Offices in the last quarter of 2008 (including the One Family Payment). This compares with less than 89,000 in the last quarter of 2007, representing an increase of 74%.

I know that processing times in some areas are still too long and I assure Deputies that we are doing our best to reduce them. I appreciate that becoming unemployed is a very difficult time in a persons life and that they need to get access to financial and other supports as quickly as possible.

The overall performance in any individual office in processing claims can be adversely affected by a wide variety of factors; including increased inflow of claims, staff vacancies and the duration of such vacancies and the turnover of staff in the office.

The average time for applications processed in January was 2 weeks for jobseeker's benefit claims and 5 weeks for jobseeker's allowance claims.

The Deputies will be aware that anyone who is under financial pressure while awaiting a decision on their claim for a jobseeker's payment can apply for Supplementary Welfare Allowance which is subject to a means test and other qualifying conditions.

A table showing the time taken, in weeks, to process jobseeker's Allowance and jobseeker's Benefit claims in each of the months October, November, December and January is as follows.

Office

Oct 2008

Oct 2008

Nov 2008

Nov 2008

Dec 2008

Dec 2008

Jan 2009

Jan 2009

JB

JA

JB

JA

JB

JA

JB

JA

Achill

0.28

0.49

0.54

1.04

0.00

0.11

0.14

0.65

Apollo House

6.18

5.93

4.58

5.23

2.63

4.47

2.64

4.71

Ardee

2.90

6.92

2.10

6.41

1.91

5.16

1.81

9.07

Arklow

3.28

6.19

2.86

5.69

3.62

6.82

2.61

6.00

Athlone

2.33

5.85

2.67

5.91

2.04

5.95

3.15

6.36

Athy

4.99

5.86

4.55

6.06

4.14

5.14

3.23

6.90

Balbriggan

1.60

5.30

2.00

5.27

2.13

6.23

2.02

6.25

Ballina

2.80

6.34

1.97

5.39

1.83

5.11

1.35

5.51

Ballinasloe

1.35

3.25

1.13

5.42

1.39

3.86

2.46

5.40

Ballinrobe

1.80

6.84

1.79

5.29

1.79

9.31

2.05

11.14

Ballybofey

0.92

2.73

1.09

2.02

0.86

2.78

1.09

2.01

Ballyconnell

4.89

10.96

3.57

8.49

1.59

10.92

4.49

12.16

Ballyfermot

1.78

4.67

2.10

6.93

1.81

4.98

3.10

6.69

Ballymun

2.83

2.22

1.18

2.37

1.42

3.44

1.43

2.52

Ballyshannon

1.01

1.92

0.77

2.19

0.91

2.08

0.98

1.70

Baltinglass

5.55

6.85

3.69

6.26

3.01

6.12

4.43

6.39

Bandon

4.42

7.38

3.84

12.95

3.90

10.14

5.98

13.55

Bantry

3.40

6.30

1.85

4.54

0.88

3.99

0.96

6.13

Bantry Co

1.68

4.57

1.76

3.63

0.88

4.79

1.21

7.37

Belmullet

2.41

2.58

1.47

1.86

2.08

2.44

2.19

3.59

Birr

1.23

4.96

1.57

4.35

1.27

6.43

2.44

5.95

Bishop Square

4.06

6.47

3.73

6.76

3.45

6.29

3.98

8.12

Blanchardstown

2.23

7.43

2.99

7.53

2.67

7.73

2.57

8.67

Boyle

3.43

5.80

3.66

9.35

4.02

7.66

2.81

8.36

Bray

3.97

6.34

3.43

6.73

1.93

3.99

4.03

6.27

Buncrana

2.22

3.72

2.34

3.12

2.28

4.95

2.49

5.86

Cahir

1.81

2.18

0.92

2.06

1.26

1.67

1.73

3.09

Cahirciveen

2.28

4.31

2.31

4.94

2.37

5.26

1.88

4.83

Carlow

2.31

7.29

2.45

5.91

2.67

7.89

3.52

8.78

Carrickmacross

1.77

7.41

2.04

4.96

1.73

5.42

1.38

6.65

Carrick-On-Shannon

0.81

3.22

1.19

3.92

0.69

3.30

1.03

2.98

Carrick-On-Suir

2.83

4.49

2.03

6.13

1.97

5.95

2.09

4.27

Carrigaline

1.50

7.14

1.33

10.77

1.27

4.89

1.35

6.58

Cashel

1.39

2.96

1.68

3.72

1.40

2.94

2.19

3.38

Castlebar

1.85

1.94

1.77

3.39

1.08

2.15

1.46

2.25

Castleblayney

1.71

5.03

2.01

4.83

2.15

4.61

1.86

3.90

Castlepollard

2.47

12.26

3.16

6.30

2.33

7.18

2.96

10.69

Castlerea

4.80

9.19

2.01

6.47

1.66

6.54

1.65

8.89

Cavan

3.85

7.66

2.66

7.30

2.40

6.78

3.17

7.80

Claremorris

4.46

7.52

2.43

7.32

2.27

8.08

2.01

8.54

Clifden

0.62

3.25

1.04

2.43

0.81

1.80

1.25

2.66

Clonakilty

5.32

10.70

4.22

11.86

3.11

11.55

5.01

9.08

Clondalkin

3.32

4.75

2.51

4.78

2.06

4.00

2.82

5.02

Clones

1.47

3.56

2.01

3.94

1.77

3.85

1.34

3.71

Clonmel

1.42

3.17

1.60

2.87

1.16

2.75

1.80

3.42

Cobh

1.06

0.96

0.89

1.04

0.84

1.42

0.74

1.70

Coolock LO

1.96

3.21

1.56

3.71

1.62

2.80

1.58

3.48

Cork

4.42

7.76

3.80

8.29

3.40

8.36

3.36

7.26

Dingle

1.16

2.29

1.48

1.96

1.72

2.58

2.74

5.50

Donegal

1.18

1.38

1.21

1.87

1.13

1.50

1.04

2.09

Drogheda

2.06

7.59

2.06

9.88

2.03

9.56

2.07

10.59

Dundalk

2.04

4.38

1.86

5.00

1.41

4.33

0.89

4.99

Dunfanaghy

1.06

1.40

0.98

1.50

0.67

1.59

0.98

1.62

Dungarvan

2.44

5.71

2.62

4.26

2.30

3.55

1.75

6.39

Dungloe

1.96

2.47

1.44

2.28

0.78

1.28

1.31

1.42

Dun Laoghaire

2.36

6.72

1.76

7.00

1.90

5.54

1.99

5.49

Edenderry

2.65

9.66

2.70

13.94

1.76

9.26

2.88

13.60

Ennis

1.92

3.54

1.32

2.82

1.60

3.63

1.69

5.11

Enniscorthy

2.38

4.14

1.90

4.72

1.56

6.24

2.27

6.49

Ennistymon

3.03

3.56

2.48

3.87

1.74

4.23

3.20

6.28

Fermoy

2.94

3.37

2.90

4.72

2.06

3.25

4.02

5.08

Finglas

2.40

4.12

2.08

3.93

1.20

3.02

2.04

4.30

Galway

5.50

13.72

3.66

9.53

2.59

7.58

2.84

8.71

Gorey

2.04

4.54

1.91

5.02

2.41

5.32

2.18

6.46

Gort

3.55

6.99

2.35

5.82

2.07

4.54

3.15

10.05

Kells

5.39

13.81

2.66

10.55

1.65

11.00

1.90

9.77

Kenmare

1.55

1.84

1.99

2.27

1.78

2.27

2.19

2.81

Kilbarrack

1.81

3.37

1.90

3.37

1.98

3.51

2.69

4.01

Kilkenny

1.39

3.91

1.12

4.65

1.18

5.26

2.39

4.10

Killarney

1.41

2.75

1.61

3.56

1.83

3.42

2.52

4.09

Killorglin

1.56

7.27

1.50

6.28

1.42

4.85

2.56

7.75

Killybegs

0.85

1.52

0.75

1.61

0.93

1.74

0.82

1.59

Kilmallock

1.92

3.79

1.64

3.93

1.54

2.85

2.66

3.66

Kilrush

0.83

2.41

1.11

2.48

1.22

2.72

1.50

3.02

Kinsale

1.70

8.51

4.47

8.94

3.50

7.36

5.55

8.10

Letterkenny

3.67

5.53

2.36

4.76

1.87

4.17

1.43

4.10

Limerick

2.32

5.26

2.16

5.22

2.48

6.08

3.70

8.35

Listowel

5.07

6.12

5.06

5.35

3.01

5.75

4.48

6.06

Longford

3.90

6.46

3.33

5.87

2.98

5.84

3.96

9.47

Loughrea

2.82

8.88

2.18

7.34

2.21

8.12

1.77

8.79

Macroom

3.26

4.37

3.59

5.06

2.92

4.22

5.19

7.23

Mallow Branch Office

5.34

4.37

2.89

5.03

1.79

4.78

5.22

6.98

Manorhamilton

1.35

1.56

1.29

1.67

0.88

0.55

1.16

1.77

Maynooth

2.85

8.72

3.00

9.50

2.77

9.75

4.73

9.99

Midleton

3.70

8.65

2.73

8.52

3.37

9.33

4.42

7.60

Monaghan

2.61

3.87

2.05

3.80

2.04

4.89

1.93

4.20

Muine Bheag

4.23

6.96

5.20

9.24

3.88

10.13

4.06

8.03

Mullingar

3.17

4.30

2.10

6.58

2.60

5.85

2.33

6.15

Navan

5.90

11.29

3.54

9.85

2.31

11.59

3.93

10.64

Navan Road

2.31

4.62

2.18

5.34

1.79

5.72

2.24

5.19

Nenagh

1.55

2.26

1.63

1.85

1.03

2.64

1.29

2.32

Newbridge

4.95

7.03

4.13

5.93

3.58

5.52

2.83

6.56

Newcastle West

1.92

4.37

1.66

3.79

1.50

2.91

2.40

3.56

Newmarket

1.03

3.76

2.80

6.71

5.64

5.44

4.49

7.23

New Ross

1.73

4.32

2.43

5.33

1.70

5.04

2.43

5.61

Nth Cumberland Street

1.77

2.48

1.48

2.17

1.56

3.13

1.94

2.96

Nutgrove

1.03

2.42

1.02

2.20

0.95

1.72

0.89

1.77

Portarlington

1.45

8.01

1.64

7.53

1.33

6.31

1.45

6.67

Portlaoise

4.18

9.13

2.92

7.55

2.54

6.56

3.01

9.69

Rathdowney

4.26

8.13

2.20

7.11

2.52

7.00

2.44

13.56

Roscommon

3.99

10.24

3.11

6.58

4.29

5.20

4.67

8.46

Roscrea

0.94

2.22

1.52

2.42

0.91

2.03

0.93

2.03

Skibbereen

4.17

5.38

1.92

3.44

1.13

4.38

1.42

3.97

Sligo

1.15

3.07

1.35

3.75

1.97

5.12

2.39

4.41

Swinford

4.63

7.33

1.69

5.76

1.52

6.58

1.41

8.68

Swords LO

2.22

2.28

1.94

2.10

1.79

2.00

2.52

3.49

Tallaght

1.78

3.00

1.47

3.05

1.84

1.82

2.34

4.56

Thomas Street

2.85

5.41

2.69

4.16

1.27

1.83

1.07

2.59

Thomastown

3.03

10.06

2.26

6.40

1.99

6.36

2.59

7.74

Thurles

1.18

1.65

1.36

2.67

0.74

1.67

1.23

1.78

Tipperary

1.88

2.40

1.34

2.31

1.34

2.48

2.17

3.17

Tralee

1.70

2.74

1.92

3.17

1.16

2.67

1.70

3.37

Trim

6.42

12.22

2.85

11.59

2.19

11.49

2.27

9.23

Tuam

2.29

8.78

3.02

8.24

3.39

12.42

4.42

9.85

Tubbercurry

1.58

3.75

1.68

4.42

1.00

6.24

1.59

2.67

Tulla

1.10

3.11

1.08

2.88

1.44

2.81

1.57

3.44

Tullamore Control Office

1.97

9.63

1.77

7.86

1.65

7.91

2.60

8.39

Tullow

4.33

10.92

4.17

9.68

4.53

10.25

4.22

8.67

Waterford

2.96

5.37

2.16

4.46

1.83

3.76

1.15

4.80

Westport

1.52

1.47

1.87

1.62

1.79

2.11

1.57

2.37

Wexford

1.86

3.50

1.79

4.34

1.42

3.89

2.18

4.96

Wicklow

1.94

4.40

1.77

5.24

1.82

6.97

2.00

7.40

Youghal

2.24

6.03

2.27

6.25

1.75

6.18

2.79

6.05

Question No. 19 answered with Question No. 12.

Departmental Staff.

Willie Penrose

Question:

20 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she is satisfied with the funding arrangements for community welfare officers outside Dublin and that the percentage of the cost of this service to her Department is proportionate to the time spent by CWOs on CWO work. [9275/09]

Willie Penrose

Question:

54 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she is satisfied that the number of community welfare officers is sufficient to meet the growing demand for supplementary welfare allowance, mortgage interest supplement, rent supplement and other basic allowances. [9274/09]

Eamon Gilmore

Question:

75 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the number of community welfare officers funded by her Department; and her plans to provide funding for the recruitment of additional community welfare officers. [9273/09]

I propose to take Questions Nos. 20, 54 and 75 together.

The Supplementary Welfare Allowance (SWA) and Back to School Clothing and Footwear Allowance (BSCFA) schemes are administered by the Community Welfare division of the Health Service Executive (HSE) on behalf of the Department of Social and Family Affairs. The operational arrangements for processing of applications and payment to qualifying individuals, is a matter for the respective community welfare division areas.

The administration costs of the SWA and BSCFA schemes are met by the Department. Funding for salaries of community welfare officers is based on the proportion of time they spend administering these schemes. This can range from 50% to 100 % throughout the country. Funding is provided centrally to the HSE which is responsible for the allocation of budgets to individual community welfare divisions.

In 2008 the department paid the HSE €58.3m in administration costs. This was based on the cost of salaries in 2007 plus a Department of Finance pay inflator of 3.74%. The Department funds 636 community welfare officer posts, 58 superintendent community welfare officer posts as well as 172 additional support staff.

The issue of increased demand on existing resources is a matter for the HSE in the first instance to prioritise workloads and re-deploy resources where necessary so that frontline services are maintained. The HSE is currently reviewing the allocation of staff currently engaged in the delivery of the supplementary welfare allowance scheme and associated income support payments. The Department is committed to working closely with the HSE in ensuring effective delivery of services and any request by the HSE for an additional staffing allocation will be given due consideration. However, the question of any increase in expenditure for staffing within the community welfare service above that currently provided, would have to be considered in the context of overall Government policy on public service manpower levels.

Extra staff have been assigned to the Department's social welfare local offices and process improvement initiatives are being implemented with a view to reducing processing times for jobseeker's claims. These measures should help to relieve some of the pressure on the Community Welfare Service.

Pension Provisions.

Joe Carey

Question:

21 Deputy Joe Carey asked the Minister for Social and Family Affairs the date the long-term pension framework will be published; and if she will make a statement on the matter. [9140/09]

The Green Paper on pensions was published in October 2007 and this was followed by a lengthy consultation process which concluded at the end of May 2008. The consultation was very successful as it showed that there is a great demand for pensions reform. Unfortunately, there was little consensus on the type of reform required. The views expressed ranged from a continuation of the existing voluntary arrangement to a State run earnings-related pension system operated through the PRSI system.

The Government is faced with difficult decisions in this area. A good pensions system is costly no matter how it is organised. The challenge faced by Government is to strike the appropriate balance between those involved, including employers, people in employment and the State. Recent market difficulties have also highlighted issues in relation to security of pensions and this must also be considered in the development of our long-term approach.

Our objective is to ensure that the pension system will deliver an adequate retirement income for all and at the same time will be affordable and sustainable for the State and for those who sponsor and provide occupational pensions systems.

It had been hoped to finalise our approach on all aspects of the pensions system by the end of 2008 but this did not prove possible. Discussions with my Government colleagues on the final framework are on-going, and I expect that it will be ready for publication shortly.

Question No. 22 answered with Question No. 18.
Questions Nos. 23 and 24 answered with Question No. 15.

Services for People with Disabilities.

Enda Kenny

Question:

25 Deputy Enda Kenny asked the Minister for Social and Family Affairs if the personal advocacy service for people with disabilities will be rolled out in 2009; and if she will make a statement on the matter. [9181/09]

The statutory basis for the introduction of a personal advocacy service under the Citizens Information Board (CIB) was provided for in the Citizens Information Act, 2007. However, having regard to the current budgetary circumstances, it will not be possible to proceed with this in 2009.

Significant resources have been provided since 2005 for a personal advocacy service. These will continue to be made available under the auspices of the Citizens Information Board for the development and provision of advocacy services for people with disabilities.

The Community and Voluntary Sector Advocacy programme has been developed by the Board since 2005 and has funded 46 separate advocacy projects. The overall focus of the programme is on representative advocacy for people with a disability. Projects either operate within a specific geographic area or are focused on a particular disability type. Each of the projects possess different challenges, some requiring more intensive work with smaller caseloads while others have larger caseloads with shorter periods of client contact. Up to the end of 2008 some, 3,400 members of the public have availed of the services provided by the projects.

The Citizens Information Board monitors the programme to ensure that the projects are operating in accordance with the Board's advocacy guidelines. It is planned to undertake a full evaluation of the Community and Voluntary Sector Advocacy programme in 2010.

The Citizens Information Board also provides advocacy through the Citizens Information Services focusing on access to services, welfare entitlements and employment rights. This type of mainstream advocacy is also open to people with disabilities and the Community and Voluntary Sector Advocacy programme is creating close links with the Citizens Information Services to ensure that people with disabilities are encouraged and supported to use the mainstream services where possible. The advocacy capacity is being strengthened through the provision of Advocacy Resource Officers who work to build the capacity of information providers within the Citizens Information Services to advocate on behalf of clients. There are nine Advocacy Resource Officers in operation across the Citizens Information Services network.

I am satisfied with the developments undertaken to provide advocacy services for people with disabilities through the Citizens Information Board. The Department will continue to work with them to further enhance advocacy services for all citizens including those with disabilities.

Social Welfare Code.

Ulick Burke

Question:

26 Deputy Ulick Burke asked the Minister for Social and Family Affairs the discussions which have taken place with her regarding the top up scheme to allow jobless people retain their jobseeker’s assistance while working; and if she will make a statement on the matter. [9136/09]

Emmet Stagg

Question:

40 Deputy Emmet Stagg asked the Minister for Social and Family Affairs her plans to change the rules of the back to work allowance scheme, or to otherwise introduce a scheme that would allow jobseeker’s retain welfare while in employment. [9278/09]

I propose to take Questions Nos. 26 and 40 together.

Jobseeker's Allowance or Benefit are normally payable when persons lose their employment however the jobseeker's' system is flexible and can respond to many persons who suffer a reduction in days employed or who can only find part-time work. People who find themselves in such circumstances may in fact be paid by the Department of Social and Family Affairs in respect of days not worked.

To be paid jobseeker's payments for any week, there must be 3 days of unemployment in that week or a person must be in a systematic short-time work situation such as one week on followed by a week off.

These various arrangements currently support some 44,000 casual and part-time workers who are not able to find full-time work, or who have suffered a reduction in working days, within the social welfare system at present.

In addition the Department of Social and Family Affairs provides a range of employment supports designed to assist and facilitate people on social welfare payments to return to the active labour force. Included in these measures is the back to work allowance (BTWA). The BTWA scheme is designed to assist the long-term unemployed, lone parents, people with disabilities and other social welfare recipients to return to work.

There are two strands to the scheme; the back to work enterprise allowance (BTWEA) for the self-employed and the back to work allowance (BTWA) for employees. Participants receive a tapered percentage of their social welfare payment over a three year period for employees and a four year period for those who become self employed. Participants may also retain entitlement to certain other secondary benefits. These allowances provide a monetary incentive for people who are dependant long-term on social welfare payments to make the return to work financially attractive and viable.

To qualify for the back to work allowance an application must be submitted in advance and the person must be in receipt of a qualifying payment for a specific length of time immediately prior to commencing employment or self employment.

The department also operates an in-work payment to low paid workers through the family income supplement (FIS). The scheme is designed to provide support for people, with families, who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might be only marginally better off than if they were claiming other social welfare payments.

One of the qualifying conditions for receipt of FIS is that the customer must be in paid employment of at least 38 hours every fortnight or 19 hours per week. This condition must be satisfied on an ongoing basis. Application forms are available forms are available on-line at www.welfare.ie or through local Social Welfare Offices or through the Department's local leaflet request line.

The Department of Social and Family Affairs does not operate any other in work support or top up scheme for jobseeker's. The schemes of the department will continue to be monitored in the light of the changed economic circumstance in order to ensure that they continue to meet their objectives.

Question No. 27 answered with Question No. 14.
Question No. 28 answered with Question No. 18.
Question No. 29 answered with Question No. 15.

Carer’s Strategy.

Bernard Allen

Question:

30 Deputy Bernard Allen asked the Minister for Social and Family Affairs the date the national carer’s strategy will be published; and if she will make a statement on the matter. [9125/09]

During 2008 an interdepartmental group, chaired by the Department of the Taoiseach, with secretariat support provided by my Department, undertook work to develop a national carers strategy. Unfortunately, in the current economic climate it is not possible to consider introducing any developments in services for carers at this time. In that context, rather than publishing a document which does not include any significant plans for the future, the Government has decided not to publish a strategy at this time.

The Government is acutely aware of the sacrifices made by the many people who care for others and has sought to make many improvements in services and supports for carers. Over the past decade weekly payment rates to carers have greatly increased, qualifying conditions for carer's allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended.

I appreciate that it is disappointing for carers and the people for whom they care that we are not in a position to publish a strategy at this time. I met with some of their representatives earlier this week to inform them of this difficult decision taken by Government.

I also wanted to acknowledge all those who took the time to make submissions as part of the public consultation process and to assure them that those submissions were considered in detail by the working group and will inform our thinking in the future. The Department of Social and Family Affairs and the Department of Health and Children, including the Health Service Executive, are committed to working with the carer representative groups to deliver services in a more effective way to support the carer groups in the valuable work they do in supporting carers.

Social Welfare Benefits.

Pat Breen

Question:

31 Deputy Pat Breen asked the Minister for Social and Family Affairs if she has had discussions regarding inter-departmental pooling of funds in terms of training and resources that will be available for social welfare in the event of continued increases in unemployment figures; and if she will make a statement on the matter. [9132/09]

Social welfare payments are provided for by voted expenditure from the exchequer and the Social Insurance Fund. In the current economic climate the Government recognises that we must do all we can to support people who become unemployed. Social welfare payments are a crucial part of this support, but income support alone is not sufficient. We must also do all we can to help get people back to work.

FÁS is the National Training and Employment Authority and the main agency to provide jobseeking support to all individuals on the live register who are seeking employment or education opportunities. Currently, all persons between the ages of 18 and 65 years who are approaching 3 months on the Live Register are identified by the Department of Social and Family Affairs and referred to FÁS for interview with a view to assisting them enter/re-enter the labour market. In addition there are a range of other education and employment supports available to persons in receipt of welfare payments. These initiatives are designed to assist and facilitate people on social welfare payments to return to the active labour force. Included in these measures is the back to work allowance and back to education allowance.

The Department of Social and Family Affairs facilitators work closely with FÁS and other agencies at national and local level to identify and target appropriate education, training and development opportunities for social welfare recipients to assist them return to the workforce.

Senior officials of the department meet with FÁS, the Department of Enterprise, Trade and Employment and the Department of Education and Science to ensure that the social and economic progression of those most marginalised is being adequately addressed. I am satisfied that a high degree of cooperation and coordination exists at both policy and operational level.

P. J. Sheehan

Question:

32 Deputy P. J. Sheehan asked the Minister for Social and Family Affairs the number of persons on a national basis and by local social welfare office waiting for their application for jobseeker’s allowance to be processed; and if she will make a statement on the matter. [9216/09]

James Reilly

Question:

35 Deputy James Reilly asked the Minister for Social and Family Affairs the number of persons on a national basis and by local social welfare office waiting for their application of jobseeker’s benefit to be processed; and if she will make a statement on the matter. [9208/09]

I propose to take Questions Nos. 32 and 35 together.

The Deputy will be aware that there has been a very significant increase in the number of people applying for a jobseeker's payment during the past year. From February 2008 to February 2009 the Live Register increased by about 165,000 people, or over 87%.

Staff in social welfare local offices are working extremely hard and productivity increased by 74% between the last quarter of 2007 and the final quarter of 2008. 190 extra staff are also being put in place in local offices to minimise delays in claim processing. These include — 31 extra staff assigned to local offices; 115 additional staff identified as necessary as part of a staffing review carried out in October 2008; 32 temporary staff assigned from 2nd March to the 17 local offices with the highest volumes of claims on hands; and 12 extra staff as identified in a separate staffing exercise for Cork Local office.

As many local offices are very close to capacity as regards accommodating further staff, a further 40 staff are being assigned to central decisions units. 16 Social Welfare Inspectors are also being assigned to various locations throughout the country to undertake means testing and other work associated with processing claims for the jobseeker's allowance. In addition to these 246 staff, the number of facilitators has also been increased from 40 to 60.

Measures have also been taken to improve the processes used in processing claims. These include—

The introduction of a streamlined process for people who had a claim in the previous 2 years;

The testing of an improved procedure for claimants moving from jobseeker's benefit to jobseeker's to jobseeker's allowance which we plan to extend to all offices later this month;

Online availability of application forms for the jobseeker schemes; and

The use of an appointment system for taking claims in some offices which we intend to roll out to other areas over the coming months.

I fully appreciate that becoming unemployed and having to claim a jobseeker's payment is stressful enough in itself. By introducing these initiatives I am trying to ensure that the process is as easy as it possibly can be. I know that processing times in some areas are still too long and I assure Deputies that the necessary steps are being taken to reduce them.

Question No. 33 answered with Question No. 15.

Social Insurance.

Joan Burton

Question:

34 Deputy Joan Burton asked the Minister for Social and Family Affairs her plans to expand the range of income that is subject to pay related social insurance. [9283/09]

Income chargeable to PRSI is, in general, defined in terms of income liable under Schedule E of the Income Tax Acts. Such income is generally derived from employment or self-employment.

This income base is appropriate to the social insurance system as it is consistent with the contributory principle of the of the social insurance fund, whereby a relationship is established between the employment or self-employment status and the rate of contribution payable and benefits or pensions receivable as a result of these contributions.

In common with many social insurance systems throughout the world, the system is not actuarially based but funded through a pay-as-you-go approach. Today's contributors support both past and current contributors while also ensuring their own future security by building up entitlement to later benefits and pensions and paying into a mechanism that redistributes income over one's own lifetime.

The range of income which is subject to PRSI is reviewed on a regular basis. Most recently in 2004 the exemption of non pecuniary emoluments from the charge to PRSI was removed. As a consequence, subject to certain exemptions, benefits in kind are now subject to PRSI.

Any further revision of the PRSI base would be a matter for consideration by Government in a budgetary context.

Question No. 35 answered with Question No. 32.

Social Welfare Code.

Jack Wall

Question:

36 Deputy Jack Wall asked the Minister for Social and Family Affairs if her attention has been drawn to the difficulties being experienced by people who had been on low wages and who are not entitled to a full rate jobseeker’s benefit or illness benefit as a result of SI 604 of 2008; if the impact of the new reduced rate qualifying thresholds will be the subject of a review in term of its impact on poverty and hardship; and her plans to introduce amending regulations to lessen the impact on low paid workers. [9284/09]

Full social insurance cover was extended to part-time workers from April 1991. At that time a range of measures were introduced to ensure that the rate of Illness Benefit and jobseeker's Benefit payable would be proportionate to the persons income and PRSI contributions. They were also intended to ensure that disincentives to employment were not created. In the absence of these measures, a situation would exist whereby many workers on low incomes would have access to weekly social welfare payments in excess of their income from employment.

These measures are regularly updated to keep pace with rises in benefit levels. Budget 2003 sought to bring the income threshold and banding structure back into line with the level of benefits payable. However, with the increases in benefits that have been provided since then, these thresholds and related bands had again gone seriously out of line with the associated rates of benefit. For example, an employee who earned €150.00 per week in 2004 qualified for a personal rate of payment of €134.80. In 2008, this payment had increased to €197.80 for the same level of earnings. At these levels, the weekly income threshold and graduated Illness and Jobseeker's Benefit rates represented a serious disincentive to employment.

The new thresholds that were introduced in January will address these disincentive effects by completing the process of bringing the income thresholds and banding structure back into line with the benefits payable.

A person in receipt of a reduced rate Illness or Jobseeker's Benefit payment which is insufficient to meet their needs, may, be eligible for a top-up under the Supplementary Welfare Allowance scheme subject to a means test. Recipients of Jobseeker's Benefit may opt to transfer to means tested Jobseeker's Allowance.

Social Welfare Benefits.

Noel Coonan

Question:

37 Deputy Noel J. Coonan asked the Minister for Social and Family Affairs the details of process improvement initiatives introduced to reduce processing times of jobseeker’s applications; the locations at which these initiatives have been rolled out; if these initiatives have been extended to all social welfare offices; and if she will make a statement on the matter. [9146/09]

Becoming unemployed and having to claiming a jobseeker's payment is extremely difficult for people. I am trying to ensure that the process of claiming is made as easy as it possibly can be. Therefore during 2008 we commenced a review of our processes and procedures surrounding the claim-taking and decisions process. To date the following initiatives have been introduced:

A new streamlined process for people who had a claim in the previous 2 years has been implemented in all local and branch offices.

More straight-forward procedures for providing evidence of identity and address have been introduced in all offices.

A simplified procedure and process for people moving to jobseeker's allowance when their jobseeker's benefit expires is currently being trialled and will be extended to all offices later this month.

In addition, we have introduced an appointment system for taking claims in some offices and plan to extend this to other local offices in the coming months. Another initiative developed and trialled involved Deciding Officers meeting certain categories of customer by appointment and taking and deciding claims on the day. It has not yet proved possible to extend this initiative to other offices.

Application forms for the jobseeker schemes are now available on the Department's website. This means that anyone who wants to make a claim can print the form and bring it to the local office completed. This helps reduce queuing times.

In addition, we are reviewing the processes involved in administering claims for those who are working reduced hours i.e. part-time, casual and systematic short time. This is a very labour intensive and manual system which we are looking to simplify over the coming months.

Further such initiatives are under consideration and will be developed by the Department over the coming months.

Question No. 38 answered with Question No. 18.

Departmental Staff.

Róisín Shortall

Question:

39 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the steps she is taking to address the particular problems of backlogs in the processing of jobseeker payments in social welfare branch offices; and the number of extra personnel that have been assigned to branch offices since 1 January 2009. [9265/09]

Jan O'Sullivan

Question:

43 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs if she is satisfied that there is sufficient flexibility in the contract of social welfare branch offices to provide an adequate response to the large backlog of jobseeker claims. [9266/09]

I propose to take Questions Nos. 39 and 43 together.

Branch offices are operated by private individuals on a contract basis and all staff employed in branch offices are recruited directly by the branch managers. Under the terms of their contract, branch managers are required to review their staffing levels to ensure that they allow for the efficient performance of the work of the office.

The additional number of people applying for jobseeker payments has placed increased pressure on all of the Department's local and branch offices. All claims taken in branch offices are forwarded to the parent local office for decision by a deciding officer.

Where the parent local office is under particular pressure arising from the extra workload from the increase in its live register, this can contribute to the delays in processing branch office claims. Staff in social welfare local and branch offices are working extremely hard to process claims as quickly as possible.

I appreciate that people need to get access to financial and other supports as quickly as possible. The situation regarding applications for jobseeker's benefit and jobseeker's allowance in both local and branch offices is being monitored on an on-going basis by the Department to ensure that appropriate measures are put in place to ensure claims are processed as speedily as possible.

As part of the allocation of additional staff to local offices, 107 staff have been allocated to offices with responsibility for branch offices to assist in processing claims taken in these offices as quickly as possible. The staff levels in these offices are being kept under review.

Statistics are not maintained on the number of staff employed by branch managers. It should be noted, however, that a branch manager's annual performance assessment, which is conducted by the management from the parent local office, involves an evaluation of the staffing levels to ensure that service requirements are being met.

Question No. 40 answered with Question No. 26.

Social Welfare Benefits.

Liz McManus

Question:

41 Deputy Liz McManus asked the Minister for Social and Family Affairs the steps she will take to ensure that ex-miners are compensated for the health problems that they have suffered after years of exposure to coal; and if she will make a statement on the matter. [4567/09]

Employment under a contract of service as a miner is insurable for occupational injuries benefit under the Social Welfare Acts. Miners who are unable to work due to an accident arising from their employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. The occupational injuries scheme, operated by the Department, provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment.

Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease. In addition, benefits may be payable if the claimant can show that the disease was contracted through an employment not specifically prescribed in relation to that disease.

If the incapacity extends beyond the 26 week period, claimants may receive illness benefit or invalidity pension, subject to meeting the qualifying conditions for these payments.

Miners may also be entitled to disablement benefit under the occupational injuries scheme. Disablement benefit is a compensation payment specifically for those who suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. Medical assessments are undertaken in all such cases to determine the degree of disablement, which is calculated by comparison of the state of health of the applicant with the norm for a person of the same age and gender.

Departmental Staff.

Michael Creed

Question:

42 Deputy Michael Creed asked the Minister for Social and Family Affairs the amount of the 115 additional staff announced by her in December 2008 to deal with the rising number of social welfare applications, who have been fully trained; the number who have taken up their new post; the number who are full time; and if she will make a statement on the matter. [9151/09]

Jan O'Sullivan

Question:

49 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs her estimate of the number of extra staff required to meet the backlog of jobseeker claims in order that waiting times are reduced to one week at all local and branch social welfare offices. [9267/09]

Caoimhghín Ó Caoláin

Question:

74 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the number of additional staff that will be added to social welfare offices to address the delays in processing welfare payments. [9246/09]

I propose to take Questions Nos. 42, 49 and 74 together.

In May 2008 an additional 31 staff were assigned to local offices to deal with the increased volume of claims all of these staff are in place.

Following on from this a further staffing review was undertaken in October and an additional 115 were allocated. By late February 83 of these staff were in place and start dates have been agreed for a further 12 in early March.

In addition to this a separate staffing review was undertaken in Cork local office resulting in the allocation of 12 extra staff.

As many local offices are very close to capacity as regards accommodating further staff, we have decided to set up a number of central decision units around the country. Four such units are currently being set up in Dublin, Sligo, Finglas and Carrick-on-Shannon. Each unit will have 10 staff and the Department expects that all of these staff will be in place within the next few weeks. Work has recently commenced on setting up a further unit in Roscommon and this unit should be operational within the next two months or so.

A number of offices have a particularly high volume of claims awaiting a decision. In order to deal with this, 32 additional temporary staff were recruited with effect from 2 March to support these offices.

A further 16 Social Welfare Inspectors are being assigned to various locations throughout the country to undertake means testing and other work associated with processing claims for the jobseeker's allowance. This brings the total additional staff being assigned to 246.

There is a significant training overhead associated with staff coming into local offices due to the complex nature of the jobseeker's schemes. This is particularly so when a person is coming from another Department and may not have any Social Welfare background whatsoever. While a certain amount of formal training is provided, the bulk of the training is "on-the-job". It takes many months for a deciding officer to get up to speed with all the various aspects of the schemes administered in local offices. In the meantime they rely on assistance from their more experienced colleagues to guide them in the learning process. Consequently, there is a certain amount of lost productivity while new staff acquire the necessary expertise of experienced Deciding Officers.

It is also recognised that the provision of additional staff in itself will not deal with the rising claim load. Since early 2008 we have been examining all aspects of the work associated with the processing of claims and streamlining them wherever possible without, of course, compromising our scheme controls. Examples of process improvement initiatives introduced recently include:

A streamlined process for people who had a claim in the previous 2 years

Application forms for the jobseeker schemes are now available on the Department's website. This means that anyone who wants to make a claim can print the form at home and bring it to the local office completed. This helps reduce queuing times.

More straight-forward procedures for providing evidence of identity and address have been introduced

We will shortly be introducing a more streamlined procedure for claimants moving to jobseeker's allowance when their jobseeker's benefit expires.

We have introduced an appointment system for taking claims in some offices and plan to extend this to other offices over the coming months.

Becoming unemployed and having to claim a jobseeker's payment is a difficult time for people. By introducing these initiatives I am trying to ensure that the process is as easy as it possibly can be for people.

I am satisfied that the range of measures I have outlined are sufficient to ensure that, in time, all claims for jobseeker's payments will be processed without undue delay. In this context I would point out that, taking account of the processes involved in determining entitlement to jobseeker's allowance, including the assessment of means which may involve a home visit, it would not be possible to process such claims within one week as suggested by the Deputy.

Question No. 43 answered with Question No. 39.

Departmental Expenditure.

Kathleen Lynch

Question:

44 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs the amount in extra overtime spent in 2008 and in 2009 to deal with the backlog in processing jobseeker claims. [9268/09]

Overtime in Local Offices is used for many purposes including providing cover for staff absences, for dealing with large blocks of work which arise on an occasional or seasonal basis and for dealing with backlogs.

In 2008 a sum of €1,050,000 was allocated for overtime in the Departments 8 regions which manage the local office network. This allocation was increased during the course of the year, however, and the overall expenditure in the regions in 2008 was €1.739m.

It is not possible to say what expenditure was incurred exclusively in the processing of jobseeker claims. However during the past year the vast majority of overtime would have been used for this purpose.

The overtime allocation for 2009 is €1,700,000 and this budget will be reviewed as the need arises.

Question No. 45 answered with Question No. 15.

Pension Provisions.

Denis Naughten

Question:

46 Deputy Denis Naughten asked the Minister for Social and Family Affairs her plans to amend the State non-contributory pension income calculation for land owners; and if she will make a statement on the matter. [9016/09]

I understand that the Deputy is concerned in particular about the current arrangements applying in the case of old age pension where a landholder leases land or is otherwise in possession of land which is fallow or idle.

In 2006 the State pension (non-contributory) replaced a range of non-contributory payments for persons aged 66 and over including the old age pension. A wide range of important reforms were announced for non-contributory pensioners, including farmers, in conjunction with the introduction of the new pension. These impacted on farmer pensioners generally including farmers who have let land or are considering leasing their land. All the schemes replaced, featured a common means disregard of €7.60 per week, which had not increased since the 1970s. This general disregard was increased to €20 with effect from September 2006 and was subsequently increased to €30 with effect from January 2007. This means that the first €30 per week of all means, including any means from the letting of land, is not taken into account.

Any further improvements to the means testing arrangements for the (non-contributory) state pension would have to be considered in a Budgetary context and having regard to available resources.

Social Welfare Fraud.

Brian Hayes

Question:

47 Deputy Brian Hayes asked the Minister for Social and Family Affairs if she will make a full statement on the suggestion that fraud has been permitted in connection with the school meals scheme. [9013/09]

Ruairí Quinn

Question:

62 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs if her Department is involved in an investigation into allegations of subsidy fraud under the school meals programme; if not, if her Department is aware of this alleged fraud; her Department’s role in the administration of the school meals programme; and if she will make a statement on the matter. [7905/09]

I propose to take Questions Nos. 47 and 62 together.

The school meals programme gives funding towards the provision of food services for disadvantaged school children through two schemes. The first is the statutory urban school meals scheme, operated by local authorities and part-financed by the Department of Social & Family Affairs. The second is the school meals local projects scheme through which funding is provided directly by the Department to participating schools and local and voluntary community groups who run their own school meals projects.

The Department has received one allegation in relation to the operation of the School Meals programme and this allegation is currently being investigated. The Department does not comment on individual allegations of fraud or abuse until there has been a successful prosecution in the courts.

Under the School Meals scheme, the Department funds schools and school-based community organisations in respect of food costs only, subject to various conditions. The decision to operate a school food project or to apply for funding under the school meals local projects scheme rests with the school itself. Funding under the scheme is targeted at disadvantaged school children. The intention is to assist schools or groups who are operating their own school food projects, with the food costs of the project only. Responsibility for all aspects of the day-to-day operation of the scheme lies with the school.

Funding is issued on the basis of a rate per child, per meal, per day. It is the responsibility of the school or project to ensure that food is purchased only for children in attendance. All schools or projects have to submit financial returns to the Department which detail the numbers and types of meals provided and the numbers of children benefiting. These returns are backed up by receipts for food costs incurred.

School principals making returns have to certify the number of meals provided and the number of pupils benefiting. This is to ensure that all funding is used for the purpose for which it is intended. Officials of the Department make visits to a number of participating schools throughout the year as a control measure.

The Department of Education and Science has indicated that there are currently 875 schools in its programme for disadvantaged schools — DEIS (Delivering Equality of Opportunity in Schools). Pupils from 730 DEIS schools (83% of DEIS schools) are benefiting under the school meals local projects scheme.

The number of meals provided under the urban and Local Projects Schemes has more than doubled from 89,915 in the 2005/2006 school year to 220,961 in the school year 2007/2008. In providing meals to this number of pupils, the scheme is a direct intervention in supporting disadvantaged children.

Social Welfare Benefits.

Joe Costello

Question:

48 Deputy Joe Costello asked the Minister for Social and Family Affairs the criteria by which she is judging the affordability of rent for persons on rent supplement; and the savings she will make on expenditure on rent supplement. [9271/09]

Rent supplement is administered on behalf of the department by the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme.

The purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are currently nearly 80,000 people in receipt of rent supplement, an increase of 34% since the end of December 2007.

Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different types of eligible households to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household.

The maximum rent which a person may incur and still qualify for rent supplement is prescribed in regulations. These regulations are time limited so that they can be adjusted in light of rent levels generally and the wider economic climate. Regulations which covered the period 1st January 2007 to 30th June 2008 were reviewed in mid 2008 and the existing rent limits were extended to 31 December 2009, subject to review in early 2009.

Rent limits are currently being reviewed in the light of reductions in rent levels in 2008. In testing the level at which basic accommodation can be secured, the Department is informed by analysis of data on rent supplement tenancies, data provided by the Private Residential Tenancies Board on tenancies registered by them and submissions by interested statutory and non statutory bodies including the Department of Environment, Heritage and Local Government. The review will also be informed by the latest Private Rented Index report to be published by the CSO in mid March 2009. Estimates of expenditure on the rent supplement scheme in 2009 will be reviewed in the light of the outcome of the rent limits review.

The rent limits prescribed in regulations are maximum limits. The Health Service Executive has flexibility to award rent supplement above or below rent limits, having regard to local rent levels or to meet the particular needs of an individual. These discretionary powers ensure that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness.

Question No. 49 answered with Question No. 42.
Question No. 50 answered with Question No. 15.

Sean Sherlock

Question:

51 Deputy Seán Sherlock asked the Minister for Social and Family Affairs when she will change the rules for the back to education allowance to allow jobseeker’s to qualify before they become long-term unemployed. [9277/09]

The back to education allowance (BTEA) scheme is designed to help those in receipt of a social welfare payment who have not worked for some time to improve their employability and job-readiness by acquiring educational qualifications. It is in recognition of the special difficulties which such persons can face when attempting to gain a foothold in the labour market.

The back to education allowance (BTEA) is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education. It encourages and facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The scheme enables qualified people who have been getting a social welfare payment to continue to receive a payment while pursuing an approved full-time education course.

To qualify for participation an applicant must be in receipt of a relevant social welfare payment and be at least 21 years of age prior to commencing an approved course of study. However, lone parents and persons in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years. In general, an applicant must be in receipt of a relevant Social Welfare payment for 6 months if pursuing a second level course or 12 months if pursuing a third level course.

In order to support activation of unemployed people, the qualifying period for access to the third level option has been reduced to 9 months for persons who are participating in the National Employment Action Plan (NEAP) process, where a FÁS Employment Services Officer recommends pursuance of a third level course of study as essential to the enhancement of the individual's employment prospects.

In addition people who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the back to education scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most.

The back to education scheme has been subject to review and modification over the years to ensure that it continues to assist those furthest from the labour market. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and the changing economic circumstances.

Question No. 52 answered with Question No. 14.

Social Insurance.

Thomas P. Broughan

Question:

53 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs her plans to allow self-employed persons pay extra social insurance in order that they are covered for jobseeker’s benefit in the event of unemployment. [9263/09]

The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A. Self-employed workers are not insured against short-term benefits such as illness and jobseeker's payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short-term payments and the annualised system of contributions that these same persons enjoy. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.

There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution. Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments by satisfying certain conditions including a means test.

Question No. 54 answered with Question No. 20.
Question No. 55 answered with Question No. 10.

Social Welfare Code.

Joanna Tuffy

Question:

56 Deputy Joanna Tuffy asked the Minister for Social and Family Affairs her intentions to allow the long-standing partner of a deceased person to claim widows or widower’s pension. [9296/09]

Widow's or widower's contributory pension is paid to the husband or wife of a deceased person and is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse. A means-tested widow's or widower's non-contributory pension may be payable to those who do not satisfy the social insurance conditions. If the person has qualified children, they may instead qualify for the means-tested one-parent family payment. A key condition for receipt of the widow's or widower's pension is that the person is the surviving partner of a married couple.

The Department is carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). This will identify any instances of direct or indirect discrimination on any of the nine grounds of the Act, including gender, sexual orientation, marital status and family status. Where any instances of discrimination are identified, it will examine whether they are objectively justified by a legitimate policy aim and whether the means of achieving that aim are appropriate and necessary.

The Government is also planning legislation in the area of civil partnership. The provisions in relation to widow's and widower's pensions will be reviewed in the light of this legislation when it is enacted and when the equality review is finalised.

Social Welfare Benefits.

Mary Upton

Question:

57 Deputy Mary Upton asked the Minister for Social and Family Affairs her estimate for the increase in family income supplement claims arising from the introduction of the pension levy on public servants. [9294/09]

Martin Ferris

Question:

65 Deputy Martin Ferris asked the Minister for Social and Family Affairs the measures she proposes to take in the next 12 months to increase the take-up of family income supplement. [9247/09]

I propose to take Questions Nos. 57 and 65 together.

The Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments.

The extent to which a worker may avail of the Family Income Supplement is dependent on the following conditions being met:

Person is in full-time employment which is expected to last for at least 3 months

Works at least 19 hours weekly or 38 hours every fortnight

Has at least one qualified child who normally resides with the applicant and/or is supported by the applicant

Whose average weekly family income is below a specified amount, which varies according to the number of qualified children in the family.

An integral feature of the scheme is that, once the level of the FIS payment is determined, it continues to be payable at that level for a period of 52 weeks provided that the person remains in employment. However, the rate of payment can be increased where an additional child is born in the course of the 52 weeks. A key advantage of this approach, which is unique to the FIS scheme, is that claimants can be certain that they will receive a guaranteed level of income support throughout the period.

FIS is calculated on the basis of 60% of the difference between the income limit for the family size and the net income of the person(s) raising the child(ren). Net income for FIS purposes comprises total family income less tax, employee PRSI, health contribution, income levy and superannuation contribution. In addition the recently introduced pension levy will also be deductible from income when calculating the eligibility to FIS.

The pension levy deduction will apply to public sector employees, who are members of a public service pension scheme, and all income earned after 1st March 2009 will be subject to the deduction. This will give rise to a reduction in net income of public servants. This reduction in net income is likely to impact on (i) public service workers who are currently FIS recipients and (ii) public service workers, who heretofore failed to apply or qualify for FIS due to income slightly above the FIS earnings thresholds but who now may qualify for FIS in light of the introduction of the pension levy.

A previous manual random sample analysis estimated that approximately 10% of FIS claims relate to those working in the public service. However, current data on those who may now qualify for FIS is unavailable. The absence of this data coupled with factors such as rising levels of remuneration e.g. incremental wage increases of workers impacting on possible entitlement, a reduction in the number of qualified children, which may disqualify a potential FIS recipient, together with any possible uptake of or indeed return from any work sharing/family friendly arrangements, renders it difficult to quantify with any precision any likely increase in FIS claims due to the introduction of the pension levy on public servants.

The department currently undertakes a number of measures to ensure that people are aware of possible entitlement to Family Income (FIS). These include advice to all persons who are awarded a one parent family payment and back to work recipients. Furthermore an extensive advertising campaign for FIS was conducted in 2006. Information on FIS is also published on the Department's website and made available through the Citizen's Information Service.

To help establish the best ways of promoting FIS going forward, the department commissioned a research project in 2008 to examine factors behind the level of take up for the scheme. The research found that overall awareness of Family Income Supplement among potential recipients is high with nearly three in four claiming to have heard of the scheme. Despite high levels of awareness, there was a lack of awareness and understanding of the eligibility requirements with only one in three claiming to be aware of the qualifying criteria for FIS.

The report recommends that the Department needs to ensure that information about the scheme is advertised in a focused way with the eligibility and qualification criteria communicated as clearly as possible. The Department is addressing this by ensuring such information is highlighted as part of its ongoing publicity and advertisement campaigns.

Human Rights Issues.

Charles Flanagan

Question:

58 Deputy Charles Flanagan asked the Minister for Social and Family Affairs the action she proposed to take arising from the High Court’s 2007 ruling that the State is in breach of the European Convention on Human Rights; and if she will make a statement on the matter. [7705/09]

This issue was the subject of a High Court judgement concerning the rights of a person, who has undergone gender reassignment surgery, to recognition of her acquired gender. On foot of a High Court judgement, delivered on 19 October 2007, the judge made a declaration, pursuant to Section 5 of the European Convention on Human Rights Act 2003, that Sections 25, 63 and 64 of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights by reason of their failure to respect the private life of the Applicant, as required by Article 8 of the Convention, in that there are no provisions which would enable the acquired gender identity of the Applicant to be legally recognised in this jurisdiction.

This is the first time that the High Court has made a declaration of incompatibility with the European Convention on Human Rights in respect of a provision of Irish law. As such, the High Court judgement is very significant and raises complex and far-reaching issues, not merely for this case but for future cases under the European Convention on Human Rights Act. The judgment has implications for a wide range of legislative and policy areas including taxation, social welfare, pensions, family law, criminal law, equality, employment, sport, financial services, health, education and so on. As the judgment is the subject of an appeal to the Supreme Court, it is not considered appropriate for me to comment in detail at this time, other than to say that I am keeping the matter under review. I would, however, point out to the Deputy that Section 5(2) of the European Convention on Human Rights Act 2003 provides that a declaration of incompatibility does not affect the validity, continuing operation or enforcement of the existing law relating to civil registration.

Social Welfare Benefits.

Bernard J. Durkan

Question:

59 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if her attention has been drawn to the full extent and requirement in terms of social welfare, supplementary welfare and associated back up facilities in the emerging economic downturn; her views on the need to streamline the services available to persons who are unemployed, becoming unemployed or are in receipt of disability benefit or allowance; if her attention has further been drawn to the large number of people previously self employed or otherwise ineligible for various forms of assistance who may qualify for payments based on their present situation; if she will issue a directive to facilitate early entitlement to a payment in all cases in which a current means test indicates that the means are in accordance with established criteria; if she will ensure that adequate staff are deployed to meet the public requirements in full; and if she will make a statement on the matter. [9250/09]

The vast bulk of expenditure by the Department of Social and Family Affairs is incurred on social welfare payments to individual recipients based on predetermined qualifying conditions and rates of payment. The expenditure, which is demand-led, is driven by a range of economic, social and demographic factors. There can also be complex interactions between schemes.

The Estimates for the Department of Social and Family Affairs which were published with the 2009 Budget were based, in the main, on an analysis of trends as regards likely numbers of recipients and average value of payments in 2009. The estimates for jobseeker's benefit and jobseeker's allowance were based on the Department of Finance's prediction of an average Live Register of 290,000 for the year. Developments on the Live Register are being closely monitored by both Departments and the estimate for jobseeker's benefit and allowance will be reconsidered again in the context of the finalisation of the Revised Estimates Volume. Determination of the average Live Register figure to underpin the Estimate is the responsibility of the Department of Finance.

The procedures and processes associated with claims for jobseeker payments are necessary to ensure that the right payment is paid to the right person at the right rate. However these can be off-putting to those who now find themselves unemployed after possibly a lifetime of employment. Our procedures and processes are being reviewed and a number of process improvement initiatives are being implemented. Self-employed people may apply for the means-tested jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Legislation provides for the assessment of all income in cash and any non-cash benefits which the person or his or her spouse may reasonably expect to receive during the succeeding year. The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary.

Means are taken as any net profit that a person will earn in the coming 12 months. While income from the previous twelve months is used as an indication in estimating their likely future earnings, it is not simply assumed that the previous year's earnings will be received in the coming year. Instead, account is taken of the potential for significant upward or downward variations in income from one year to the next.

If a self-employed person's situation changes after they have made an initial claim for Jobseeker's Allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals office.

In May 2008 an additional 31 staff were assigned to local offices to deal with the increased volume of claims all of these staff are in place.

Following on from this, a further staffing review was undertaken in October and an additional 115 were allocated. By late February 83 of these staff were in place and start dates have been agreed for a further 12 in early March.

In addition to this a separate staffing review was undertaken in Cork local office resulting in the allocation of 12 extra staff.

As many local offices are very close to capacity as regards accommodating further staff, we have decided to set up a number of central decision units around the country. Four such units are currently being set up in Dublin, Sligo, Finglas and Carrick-on-Shannon. Each unit will have 10 staff and the Department expects that all of these staff will be in place within the next few weeks. Work has recently commenced on setting up a further unit in Roscommon and this unit should be operational within the next two months or so.

A number of offices have a particularly high volume of claims awaiting a decision. In order to deal with this, 32 additional temporary staff were recruited with effect from 2 March to support these offices.

A further 16 Social Welfare Inspectors are being assigned to various locations throughout the country to undertake means testing and other work associated with processing claims for the jobseeker's allowance. This brings the total additional staff being assigned to 246.

Martin Ferris

Question:

60 Deputy Martin Ferris asked the Minister for Social and Family Affairs the reason she has refused to make the fuel allowance payable in two block sums, as lobbied for by many poverty and other agencies. [9248/09]

The national fuel allowance scheme assists householders on long-term social welfare or health service executive (HSE) payments with meeting the cost of their heating needs during the winter season. The allowance which has been increased by €2 to €20 (€23.90 in designated smokeless zones) per week from January 2009 benefits almost 300,000 households and represents a contribution towards a person's normal heating expenses. The duration of payment has also been extended by 2 weeks from April 2009 bringing the total period for which fuel allowance is paid to 32 weeks. A detailed review of the fuel allowance scheme was carried out in 1998. This review looked at alternatives to the weekly method payment method including a single lump sum payment. A survey of recipients with the allowance, carried out in conjunction with the review, showed that the majority favoured weekly payments. The review recommended continuing with the weekly payment method.

While the payment of fuel allowance in lump sums could be advantageous for some people, there would also be disadvantages. The lump sum payment might not be used for the purpose of fuel purchase leading to hardship at a later stage and recourse having to be made to supplementary welfare allowance payments. A person's circumstances could change, leading to disqualification from payment of fuel allowance resulting in an overpayment having to be refunded. Payment of a lump sum in arrears would not be a viable option for persons with immediate needs during the winter period. Many oil companies provide facilities for making payment by instalment over a period of time which allows people to plan and budget for fuel expenses.

The Department is examining alternatives to the weekly method payment method including lump sum payments and as part of this process interested persons and agencies will be consulted. A number of issues need to be considered in detail including the administrative costs and processes involved in any changes to the current method of paying fuel allowance on a weekly basis. When all issues have been examined, a decision can be made in the best interests of all fuel allowance recipients.

Joan Burton

Question:

61 Deputy Joan Burton asked the Minister for Social and Family Affairs her intentions to further reduce social welfare payments. [9282/09]

The rate of all weekly social welfare payments, including increases for qualified adults and children, was increased, not reduced, in the last Budget. Any changes in social welfare payments would have to be considered in a Budgetary context.

Question No. 62 answered with Question No. 47.

Sean Sherlock

Question:

63 Deputy Seán Sherlock asked the Minister for Social and Family Affairs her plans to amend the benefit and privilege rule for under 25 year olds. [9295/09]

There are no plans to amend the benefit and privilege rules. Any further improvements to the means testing arrangements for social welfare schemes generally, including the benefit and privilege assessment arrangements for the jobseeker's allowance and supplementary welfare allowance schemes, would have to be considered in a Budgetary context and having regard to available resources.

Social Insurance.

Thomas P. Broughan

Question:

64 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if she will amend legislation to allow a person who takes a career break during the recession to be credited with a full credit history as this is one of the disincentives for not taking up this option. [9262/09]

The primary purpose of credited contributions is to preserve the continuity of a person's insurance record during periods when they are unable to work and pay PRSI in the normal way. In order to qualify for credited contributions, absences from work would generally have to be for reasons outside of the person's control, such as periods of proven illness or registered unemployment, or periods during which they may be entitled to certain other social welfare payments.

Credited contributions are not generally available in circumstances where a person voluntarily ceases insurable employment on a temporary or permanent basis. This reflects the contributory principle that underpins the qualifying conditions for all social insurance payments. However, a person taking time off work to care for children up to 12 years of age, or an incapacitated adult, may be entitled to avail of the homemaker's scheme whereby such periods can be taken into account for state contributory pension purposes at age 66.

One of the qualifying conditions for contributory pensions requires that the applicant must have a minimum yearly average number of paid or credited contributions throughout their working lives. Therefore, any prolonged gaps in insurance cover are likely to have significant consequences with regard to pension entitlement.

In the case of short-term benefits such as job-seekers allowance, illness, and treatment benefits a person may retain entitlement to such payments for a limited period after their last PRSI contribution but entitlement would then lapse unless further reckonable contributions are recorded on their behalf.

Subject to certain statutory conditions, it may be open to a person on a career break to pay voluntary contributions. However, it should be noted that voluntary contributions are reckonable only for state contributory pension, transition pension and widows/widowers contributory pension.

Question No. 65 answered with Question No. 57.

Social Welfare Benefits.

Caoimhghín Ó Caoláin

Question:

66 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if changes will be made to the back to work enterprise allowance. [9245/09]

The back to work scheme was introduced to assist long term unemployed people, lone parents, and sickness related welfare recipients to return to active employment either by taking up employment or becoming self-employed. It is designed to support people who would not otherwise be able to return to the workforce for financial reasons.

There are two strands to the scheme, the back to work allowance (BTWA) for persons who take up employment and the back to work enterprise allowance (BTWEA) for persons who become self employed.

To qualify for the back to work enterprise allowance a person must set up a self-employment business that has been approved by a Partnership Company or a department's facilitator and, in the case of someone on the live register, they must be in receipt of a jobseeker's payment for 2 years prior to commencing their self employment. Participants on the back to work enterprise allowance receive a tapered percentage of their social welfare payment over a four year period. Participants may also retain entitlement to certain other secondary benefits. At 20th Feb 2009, there were 7,727 participants availing of the back to work scheme and, of these, 4,430 were participating in the self-employed option.

The operation of the scheme has been subject to review and modification over the years to ensure that it continues to assist those furthest from the labour market. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the scheme. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and the changing economic circumstances.

Ruairí Quinn

Question:

67 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs her plans to allow jobseeker’s to work voluntarily to maintain or acquire skills or to keep busy while receiving a jobseeker’s payment. [9261/09]

An unemployed person may qualify for Jobseeker's Benefit or Jobseeker's Allowance. Jobseeker's Benefit is based on a person's social insurance record Jobseeker's Allowance is based on weekly means. A fundamental qualifying condition for Jobseeker's Benefit is that an individual must be available for full time work.

However, a person who engages in voluntary work within the State may continue to be entitled to Jobseeker's Benefit or Allowance provided that, in engaging in the voluntary work, the customer continues to satisfy the statutory conditions of being available for and genuinely seeking work.

Examples of voluntary work in which jobseeker's may engage include:

helping the sick, elderly or persons with a disability

assisting youth clubs, church groups, sports groups, cultural organisations, local resident associations

The groups involved may be nationally organised groups or local voluntary or community groups. The aim of the Voluntary Work Option is twofold, namely — to encourage voluntary organisations to involve jobseeker's to the greatest extent possible in their existing activities by creating new opportunities for voluntary work and to inform jobseeker's of their freedom to involve themselves in voluntary work and to encourage them to do so.

Individuals or organisations looking to avail of the option may request a VW 1 form from any social welfare local office.

Bernard J. Durkan

Question:

68 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will review eligibility for all means tested social welfare payments in view of increased requirements and hardship; and if she will make a statement on the matter. [9249/09]

Bernard J. Durkan

Question:

173 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the degree to which she will ease qualification guidelines in respect of various entitlements having particular regard to the current economic situation; and if she will make a statement on the matter. [9462/09]

I propose to take Questions Nos. 68 and 173 together.

There are no plans to review means testing arrangements. Any further improvements to the means testing arrangements for social welfare schemes generally would have to be considered in a Budgetary context and having regard to available resources.

Denis Naughten

Question:

69 Deputy Denis Naughten asked the Minister for Social and Family Affairs the plans she has to introduce a system in which persons entitled to free travel who can not avail of public transport for hospital appointments could obtain a refund for the cost of taxis; and if she will make a statement on the matter. [9017/09]

I have no plans to introduce a system to refund the cost of taxis under the free travel scheme.

The free travel scheme provides pass holders with free travel on the main public and private transport services. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as LUAS and services provided by over 80 private transport operators. The vast majority of private contractors providing services under the scheme operate in rural areas, including those in the Rural Transport Initiative. Time restrictions, which had applied to the use of the travel pass were lifted in 2006. One of the principal reasons for lifting the restriction was to enable people to use their free travel pass to attend for early hospital appointments.

Various alternatives to the existing system have been examined. A study, "A Review of the Free Schemes", published in 2000 under the Department's programme of expenditure reviews concluded that a voucher or refund type system, which would be open to a wide range of transport providers including taxis and hackneys, would be extremely difficult to administer, open to abuse and unlikely to be sufficient to afford an acceptable amount of travel. This position remains unchanged.

Eamon Gilmore

Question:

70 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the number of people who have been taken off rent supplement in each of the past three years and switched to the rental accommodation scheme; and the estimated saving this represents to the Exchequer in each of the years. [9272/09]

Rent supplement is administered on behalf of the Department by the community welfare service of the Health Service Executive as part of the supplementary welfare allowance scheme.

With over 31,000 people in receipt of rent supplement for 18 months or more, the rent supplement scheme has to be seen in the context of overall housing policy, particularly in the case of long-term claimants.

In response to this situation the Rental Accommodation Scheme (RAS) was introduced in 2004 and is being implemented on a phased basis. RAS gives local authorities specific responsibility for meeting the longer-term housing needs of people receiving rent supplement for 18 months or more. Since 2005, over 18,000 rent supplement recipients have been transferred to RAS units and other social housing options. The expectation is, that over time, costs arising from the transfer of rent supplement recipients to RAS will be exchequer neutral. The number of rent supplement cases transferred to RAS for the past three years is set out in the tabular statement.

Number of Rent Supplement Recipients transferred to the Rental Accommodation Scheme and Social Housing

Year

Voluntary Transfers

Private Transfers

Social Housing Transfers

Total

2006

1,505

828

2,113

4,446

2007

841

2,077

3,126

6,044

2008

633

3,012

3,270

6,915

Total

2,979

5,917

8,509

17,405

Question No. 71 answered with Question No. 15.
Question No. 72 answered with Question No. 18.

Pat Rabbitte

Question:

73 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs the reason she has not taken action to withhold 20% from the rent supplement payments that are made to non-resident landlords. [9281/09]

Rent supplement is administered on behalf of the Department by the community welfare service of the Health Service Executive as part of the supplementary welfare allowance scheme.

The value of rent supplement payments made to tenants whose landlords live outside the state represents no more than 1.5% of total expenditure on rent supplement in 2008. The value of rent supplement payments nominated by tenants to be paid directly to landlords living abroad, represents just over 0.25% of all rent supplement payments.

The Department provides the Revenue Commissioners with details of non-resident landlords who have rent supplement payments paid directly to them, in order that compliance with tax legislation can be monitored by the Revenue Commissioners. However, currently it does not have the facilities to withhold tax in these cases and development of a tax deduction system would prove very costly.

The Department of Finance has initiated a review of the statutory requirement on tenants to make deductions from rent paid direct to landlords living abroad. This review is expected to be completed shortly. The Department will examine the position regarding this issue following the completion of the review.

In the meantime the Department continues to work with the Office of the Revenue Commissioners to ensure that any tax risks relating to landlords with rent supplemented tenancies are kept to a minimum.

Question No. 74. answered with Question No. 42.
Question No. 75 answered with Question No. 20.

Work Permits.

Paul Nicholas Gogarty

Question:

76 Deputy Paul Gogarty asked the Tánaiste and Minister for Enterprise, Trade and Employment the timeframe in which employees must commence employment under a work permit when granted; if the employee has to avail of the work permit immediately; when the work permit ceases to be valid; and if she will make a statement on the matter. [9324/09]

The Employment Permits Act 2006 put in place a statutory framework for Ireland's migration policy. This policy is vacancy-driven rather than based on quotas or points and the core of the policy is the offer of a job. Under the Act a permit must be applied for within 60 days of a job being offered or advertised.

In the event that an employment permit is issued taking into account the current policy at the time, then the non-EEA national is generally expected to take up employment from the start date of the permit or as soon as a visa is granted in the case of visa required non-EEA nationals.

If there are any changes to the conditions of the permit or if the employee does not take up the job being offered at that time, then the original and the certified copy of the permit must be returned to my Department.

Paul Nicholas Gogarty

Question:

77 Deputy Paul Gogarty asked the Tánaiste and Minister for Enterprise, Trade and Employment the position in relation to the application for a work permit in the case of a person (details supplied); and if she will make a statement on the matter. [9325/09]

The Employment Permits Section informs me that an application in respect of the above named was received in the Section on the 8/2/2008. This was in respect of a job offer at that time for the position of a carer and FÁS approved the application for a work permit on 16/1/2008. A permit was issued on foot of this application on 25/2/2008 and was valid for the period 3/3/2008 to 2/3/2010. The Department of Justice, Equality and Law Reform subsequently issued an entry visa enabling this person to take up employment in the State. I understand that the employee never took up employment on foot of this permit or this visa.

The Employment Permits Act 2006 put in place a statutory framework for Ireland's migration policy. This policy is vacancy-driven rather than based on quotas or points and the core of the policy is the offer of a job. Under the Act a permit must be applied for within 60 days of a job being offered or advertised.

In the event that an employment permit is issued taking into account the current policy at the time, then the non-EEA national is generally expected to take up employment from the start date of the permit or as soon as a visa is granted in the case of visa required non-EEA nationals. However, if the employer or the proposed employee wishes to submit a new application, following all the relevant procedures, it will be considered on its merits.

Departmental Expenditure.

Denis Naughten

Question:

78 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 141 of 28 January 2009, when her Department will furnish the cost of reports and that of agencies under its control; and if she will make a statement on the matter. [9355/09]

My response to Parliamentary Question No. 141 of 28 January 2009 provided the complete information requested by the Deputy in relation to my Department and the Offices of my Department. For the reasons outlined in my response to the Deputy's said Parliamentary Question, it is not possible for me to provide similar information in relation to the State Agencies under the control of my Department.

FÁS Training Programmes.

Róisín Shortall

Question:

79 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the timescale for the full expansion of the catchment areas of local employment service offices to match the expansion of the local partnership areas; the LES services which have expanded in line with partnership areas; and if she will make a statement on the matter. [9385/09]

The Local Employment Service Networks form one part of the dual-stranded National Employment Service — the other strand being the FÁS Employment Service. The LES Networks operate under the aegis of the various Area Partnerships that, in turn, are contracted by FÁS to deliver the service.

FÁS is currently in discussion with the Department of Community, Rural and Gaeltacht Affairs and with PLANET (the network of Areas Partnership Companies) concerning the implication of the cohesion process for the operation of the Local Employment Services Network. These discussions which should be concluded by end of April next, will help clarify any expansion to the catchment areas of individual Local Employment Services and the timescale for same.

Redundancy Payments.

Bernard J. Durkan

Question:

80 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the entitlement to redundancy in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9477/09]

The position in relation to the person mentioned has not changed since the Deputy raised the issue on 5 February last.

Under the Redundancy Payments Scheme all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. Payment of statutory redundancy is, in the first instance, a matter for the employer. In general, a redundancy situation exists where an employee's job no longer exists. It is up to the employer concerned to determine whether or not there is in fact a redundancy situation. Disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication. It should be noted that an employee must make application for a redundancy payment or seek a determination from the EAT within twelve months of ceasing his employment. This matter has been examined by the Redundancy Payments Section of my Department and no records currently exist in respect of an application for statutory redundancy for the person concerned.

This individual may be entitled to claim a redundancy lump sum in the event of lay off. A lay off situation is intended to cover temporary situations where the services of an employee are not required because of lack of work and the employer gives notice that the break in employment is of a temporary nature. If the lay-off continues, the question arises as to whether it is in fact a temporary measure or could potentially be a redundancy rather than a lay-off situation. It is the employer who initially decides whether or not there is a redundancy situation but in the case of a dispute, the matter should be referred to the Employment Appeals Tribunal for a decision.

The employee is entitled, after a period of lay-off of four consecutive weeks or a broken series of six weeks within a 13-week period, and, subject to meeting the normal eligibility criteria for redundancy, to seek statutory redundancy. The employee can, by serving written notice (Form RP 9) on the employer claim redundancy because of the lay-off situation. Notice must be submitted not later than four weeks after the lay-off ceases. A copy of the RP 9 form may be had from my Department or may be downloaded from the Department's website at www.entemp.ie.

In this situation, an employer has a period of seven days within which to provide a counter-notice to the employee to the effect that within four weeks of the date of the claim for redundancy, it will be possible to offer not less than 13 weeks work without lay off.

Banking Sector Regulation.

Joe Costello

Question:

81 Deputy Joe Costello asked the Minister for Finance the legal firm which advised Anglo Irish Bank and the ten investors that the borrowing arrangements entered into were legal and above board; if that legal firm is still in the employment of Anglo Irish Bank or any of its clients; and if he will make a statement on the matter. [9342/09]

Anglo Irish Bank is being run on an arms length commercial basis. Consequently, normal commercial decisions, which include the contraction of legal advice, are a matter for the Board of Anglo.

As the Deputy will be aware, matters at Anglo Irish Bank are the subject of a number of corporate governance investigations including investigations being undertaken by the Financial Regulator and the Office of the Director of Corporate Enforcement. It would not be appropriate for me to comment on or prejudge the outcome of these investigations.

Decentralisation Programme.

Willie Penrose

Question:

82 Deputy Willie Penrose asked the Minister for Finance if the necessary finance has been provided to enable the construction of his Department offices in Mullingar, County Westmeath to commence; if he will confirm that a contractor has been selected to commence the construction; and if he will make a statement on the matter. [9407/09]

A number of key projects were identified as priority elements of the decentralisation programme in the Government announcement of 14 October 2008. The construction of a new headquarters building in Mullingar for the Department of Education and Science, in conjunction with a new headquarters for the Department of Agriculture, Fisheries and Food in Portlaoise and a new decentralised office for staff of the Department of Enterprise, Trade and Employment in Carlow was one of the projects given priority status.

The proposed decentralised offices in the above three locations are being procured by means of a Public Private Partnership as a single Design, Build, Finance and Maintain contract.

Planning permissions have been received for the three buildings, and discussions are proceeding with the successful tenderer with a view to finalising financial closure and contract signing.

Pension Provisions.

Tom Hayes

Question:

83 Deputy Tom Hayes asked the Minister for Finance if the income of a person (details supplied) in County Tipperary will be subjected to the public service levy. [9316/09]

Mary Upton

Question:

86 Deputy Mary Upton asked the Minister for Finance if the pension levy includes staff who are on fixed term contracts (details supplied); and if he will make a statement on the matter. [9340/09]

I propose to take Questions Nos. 83 and 86 together.

The length of a contract is not relevant as to whether or not a deduction is to be made. In general most contract staff in the public service are now eligible for pension scheme membership. In addition, a person who is on a contract and, for example, is in receipt of a payment in lieu of membership of a pension scheme, would be liable for the deduction. In terms of assessing whether there is a payment in lieu of membership of a scheme etc, this would have to be examined by whoever approved the contract terms.

Tax Code.

Jack Wall

Question:

84 Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare will be furnished with a P21 balancing statement for 2007; and if he will make a statement on the matter. [9317/09]

I have been advised by the Revenue Commissioners that the taxpayer is jointly assessed with her spouse for income tax purposes. Her spouse is self-employed and therefore, as a chargeable person, must submit an annual Tax Return. A Tax Return Form 11 for 2007 has been received by Revenue and a Notice of Assessment issued to the person's spouse dated 25 November 2008. (As the person's spouse is registered for income tax the appropriate statement is a Notice of Assessment rather than a P21. Her income is included on the Notice of Assessment.)

Ciaran Lynch

Question:

85 Deputy Ciarán Lynch asked the Minister for Finance further to Parliamentary Question No. 94 of 5 February 2009, the procedure by which the person referred to may avail of the exemption which appears to be applicable to this couple; and if he will make a statement on the matter. [9321/09]

I am advised by the Revenue Commissioners that, after the end of the 2009 year, a straightforward procedure will be in place to allow those couples entitled to the age exemption to claim repayment of income levy deducted in 2009, subject to their personal income being less than the married exemption threshold of €40,000. Arrangements to publicise the procedures will be highlighted in the media, Aertel and the Revenue website.

Question No. 86 answered with Question No. 83.

Pension Provisions.

Michael Creed

Question:

87 Deputy Michael Creed asked the Minister for Finance if, in view of the fact that part-time firemen do not receive a pension from the local authority, he will ensure that they are not liable for the public service pension levy as recently announced; and if he will make a statement on the matter. [9366/09]

Retained firefighters are subject to the pension-related deduction as they are, in fact, entitled to join the Local Government Superannuation Scheme and receive a pension and lump sum from a local authority. Those who do not take that option are covered by a non-contributory retirement gratuity arrangement.

While they are not exempted from the deduction, I did undertake during the Dáil debate on the deduction to have their case examined to see if there are exceptional circumstances with regard to this group of public servants.

Tax Code.

Thomas P. Broughan

Question:

88 Deputy Thomas P. Broughan asked the Minister for Finance her views on a standardised tax and accounting year from 1 January to 31 December for all companies in line with the Government tax and social welfare year; and if he will make a statement on the matter. [9379/09]

Under the general scheme of corporation tax provided for in the Taxes Consolidation Act 1997, corporation tax is charged on the profits of a company arising in a financial year but the tax is assessed on the company by reference to accounting periods. The starting point for determining a company's taxable profits and liability to corporation tax is, therefore, the company's profits for the relevant accounting period as computed in accordance with generally accepted accounting standards. Section 27 of the Act provides that for corporation tax purposes an accounting period may not be longer than 12 months duration. The fact that companies' accounting periods differ as regards length and timing does not affect the charge, assessment, collection and recovery of corporation tax. It is difficult, from a tax point of view then, to see what benefit would arise from introducing a standardised tax and accounting year for companies.

There are various business, financial, company law and administration issues which a company must take into consideration in setting its accounting period. Many companies are members of groups and their accounting periods are aligned with those of the parent company and other members of the group, some of which may reside in overseas jurisdictions. In the circumstances, it is likely that the introduction of a standardised tax and accounting year for all companies would be unduly restrictive and would impose unnecessary administrative burdens on companies who, as a consequence of the measure put forward by the Deputy, may be required to change their accounting year or provide more than one set of audited accounts.

Pension Provisions.

Finian McGrath

Question:

89 Deputy Finian McGrath asked the Minister for Finance the position regarding a matter (details supplied). [9392/09]

Under current rules relating to pension benefits, part of those benefits can be provided by way of a tax-free lump sum payment on retirement. The maximum lump sum benefit that can be achieved at normal retirement age by an employee is one and a half times final remuneration. This arrangement is available under pension schemes in both the public and private sectors. For certain individuals, a tax-free lump sum calculated on the basis of 25% of their pension fund is allowable on retirement, as an alternative to the lump sum calculated on the basis of final remuneration. I have no plans at this point in time to alter the tax treatment of retirement lump sum payments.

Departmental Schemes.

Mary Upton

Question:

90 Deputy Mary Upton asked the Minister for Finance the reason for the delay in issuing a circular to other Government Departments and bodies regarding the cycle to work scheme; and if he will make a statement on the matter. [9394/09]

The purchasing of bicycles under the scheme must be in compliance with procurement regulations. A circular will issue shortly once an appropriate tendering system is in place.

Tax Code.

Bernard J. Durkan

Question:

91 Deputy Bernard J. Durkan asked the Minister for Finance when a P45 will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9478/09]

I have been advised by the Revenue Commissioners that it is the responsibility of the Employer to issue Form P45 on cessation of employment. As outlined in reply to an earlier PQ, 4100/09, Revenue issued details from Form P35 2008 to the taxpayer in February 2009.

A further copy of these details has now been issued. Form P21 balancing statement for 2008 also issued to the taxpayer dated 12 February 2009.

Health Repayment Scheme.

Paul Kehoe

Question:

92 Deputy Paul Kehoe asked the Minister for Health and Children the number of claims under the nursing home repayment scheme which remain outstanding; the number awaiting payment; the number currently on appeal; the efforts being made to finalise all outstanding claims; and if she will make a statement on the matter. [9330/09]

The Health Service Executive (HSE) has responsibility for administering the health repayment scheme in conjunction with the appointed Scheme Administrator KPMG/McCann Fitzgerald.

Since the commencement of the scheme approximately 35,000 applications have been received by the Scheme Administrator and there are less than 5% or in the region of 1,600 claims to be concluded. There are approximately 1,100 claims which are awaiting payment. In these cases payment can only be made when the 28 day appeal period has elapsed and a valid acceptance has been received.

Every effort is being made to conclude the remaining claims. The Scheme Administrator is working with the HSE and the various institutions to clear the complexities on these claims and it is expected that the majority of these claims will be concluded in the near future.

The Health Repayment Scheme Appeals Office is an independent office established under the Health (Repayment Scheme) Act 2006 to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator. Since the commencement of the scheme the Appeals Office has received 5,336 completed appeal forms. 2,341 appeals remain to be determined.

Hospital Waiting Lists.

Michael Ring

Question:

93 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo can expect their operation to be re-scheduled for a Dublin hospital. [9339/09]

As this is a service matter it has been referred to the HSE for direct reply.

Departmental Expenditure.

Denis Naughten

Question:

94 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 169 of 28 January 2009, when her Department will furnish the cost of reports and that of agencies under its control; and if she will make a statement on the matter. [9353/09]

The position regarding the cost of reports produced by my Department has already been conveyed to the Deputy in my reply to Parliamentary Question Number 169 of 28 January 2009.

With regard to the Health Service Executive, my Department has been informed that the information is currently being compiled by them and will be forwarded to the Deputy as soon as possible. My Department has contacted the other agencies and requested them to reply directly to the Deputy as a matter of urgency.

Hospital Staff.

Thomas P. Broughan

Question:

95 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of full time cystic fibrosis nurses at Beaumont Hospital, Dublin; her plans to increase this number; and if she will make a statement on the matter. [9378/09]

As this is a service matter it has been referred to the HSE for direct reply.

Health Services.

Finian McGrath

Question:

96 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [9383/09]

As this is a service matter it has been referred to the HSE for direct reply.

Health Service Expenditure.

Enda Kenny

Question:

97 Deputy Enda Kenny asked the Minister for Health and Children the cost of rented premises in County Mayo used by the Health Service Executive on a periodic basis over the past five years; if any of these rented premises will be moved to premises owned by the Health Service Executive; and if she will make a statement on the matter. [9391/09]

Arrangements in relation to the rental of property is a service matter and the question has therefore been referred to the Health Service Executive for direct reply.

Service for People with Disabilities.

John Perry

Question:

98 Deputy John Perry asked the Minister for Health and Children if she will ensure that a facility which was specially built by the Health Service Executive to provide respite care services for children with special needs in Sligo will receive adequate funding for staffing, in order that it can begin operations immediately; and if she will make a statement on the matter. [9393/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Hospital Services.

Mary Upton

Question:

99 Deputy Mary Upton asked the Minister for Health and Children if she will proceed with the centralisation of paediatric medicine in Dublin; and if she will make a statement on the matter. [9396/09]

The Children's Health First Report commissioned by the Health Service Executive indicated that the population and projected demands in this country can support only one world class tertiary paediatric hospital. It recommended that the hospital should be in Dublin and should, ideally, be co-located with a leading adult academic hospital. Following detailed consideration, it was decided that the most appropriate location for the new National Paediatric Hospital is at the Mater Hospital. The hospital will also include an associated Ambulatory and Urgent Care Centre at Tallaght.

The development of the National Paediatric Hospital is a priority project for the Government. The project is proceeding as planned and is being overseen by the National Paediatric Hospital Development Board which was established in May, 2007. The HSE is working closely with the Board in progressing the project.

Nursing Home Subventions.

Fergus O'Dowd

Question:

100 Deputy Fergus O’Dowd asked the Minister for Health and Children if her attention has been drawn to the fact that recent increases in nursing home charges in some nursing homes in County Louth are causing concern and worry for elderly and infirm residents who cannot afford to pay these increases and the subsequent refusal of the Health Service Executive to grant an increase to people receiving subvention in these homes; and if she will make a statement on the matter. [9405/09]

The cost of private nursing homes is set by the nursing home and is not determined by the Department. The Health Service Executive can pay an approved subvention to the nursing home of the applicants' choice and the payment of the balance of the nursing home fee is a matter between the applicant and the nursing home under the contract of care agreed between these parties.

The existing subvention scheme is governed by the Health (Nursing Homes) (Amendment) Act 2007. Under the Act, the maximum amount for basic subvention is €300 per week. The Act also provides for an enhanced subvention to be paid. However, there is no maximum amount set for enhanced subvention. The amount paid is at the discretion of the HSE and will vary depending on the following criteria:

the assessed means of the applicant,

the cost of care in the individual case compared to the level of fees in the locality,

the amount of basic subvention payable,

the amount of resources available for the scheme,

the need for the HSE to ensure that the available resources are distributed in a way that supports applicants as evenly as possible across the country.

Therefore, this is a service matter and it has been referred to the Health Service Executive for direct reply.

Parliamentary Questions.

Caoimhghín Ó Caoláin

Question:

101 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 431 of 27 January 2009. [9416/09]

A reply to Parliamentary Question No. 431 of 27 January 2009 was issued to the Deputy from the Health Service Executive on the 3 March 2009.

Caoimhghín Ó Caoláin

Question:

102 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 432 of 27 January 2009. [9417/09]

Caoimhghín Ó Caoláin

Question:

103 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 433 of 27 January 2009. [9418/09]

I propose to take Questions Nos. 102 and 103 together.

I have been informed by the Health Service Executive (HSE) that it does not routinely keep the information required by the Deputy in the format requested by him and therefore it has to be generated and collated across each of the 32 Local Health Offices. I have also been informed that the HSE is actively pursuing the responses on the Deputy's behalf and that a reply will issue as soon as the information has been compiled.

Child Care Services.

Frank Feighan

Question:

104 Deputy Frank Feighan asked the Minister for Health and Children when a decision will be made in relation to funding under the National Childcare Investment Programme 2006 to 2010, in particular relating to funding for a project in the Ballaghaderreen area of County Roscommon. [9420/09]

The National Childcare Investment Programme (NCIP) 2006-2010 is implemented by my Office with the assistance of Pobal, who manage the day to day operation of the programme.

As the Deputy may be aware, applications for capital grant funding under the NCIP are processed, in the first instance, by the County Childcare Committees (CCCs) and are then forwarded to Pobal. Final consideration of applications is made by the Childcare directorate of my Office and they are then recommended for decision by the Secretary General of the Department of Health and children, who is the Accounting Officer responsible for the NCIP. I am aware that there are currently two services in the Ballaghaderreen area that are in the final stages of the appraisal process and that these services will be notified of the outcome in the coming weeks.

Medical Cards.

Bernard J. Durkan

Question:

105 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. [9474/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services.

Bernard J. Durkan

Question:

106 Deputy Bernard J. Durkan asked the Minister for Health and Children if a person (details supplied) in County Kildare can change their doctor; and if she will make a statement on the matter. [9476/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Child Care Services.

Jack Wall

Question:

107 Deputy Jack Wall asked the Minister for Health and Children if an applicant can provide a service (details supplied) under childcare legislation; and if she will make a statement on the matter. [9481/09]

The Child Care Act 1991 provides for the making of Regulations for the purpose of securing the health, safety and welfare and promoting the development of pre-school children attending pre-school services. The Child Care (Pre-School Services) (No. 2) Regulations 2006 came into effect in 2007 and currently govern the provision of pre-school services.

A pre-school service offered by a person who single-handedly takes care of pre-school children, including the childminder's children, in the childminder's home for a total of more than 2 hours a day is regarded as a childminding service for the purposes of the Child Care Regulations. In general, where more than three children are being taken care of, the childminder is required to notify his or her service to the HSE and is subject to the Regulations and to inspection.

The National Guidelines for childminders have also been published to support childcare providers who choose to mind children in their own home. A copy of these Guidelines and also the Regulations can be obtained from the Government Publications Sales Office or from the Childcare Directorate in the Office of the Minister for Children and Youth Affairs.

Proposed Legislation.

Terence Flanagan

Question:

108 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform when the Bill on multi-unit developments will come before the Houses of the Oireachtas; and if he will make a statement on the matter. [9326/09]

Terence Flanagan

Question:

109 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied); and if he will make a statement on the matter. [9327/09]

I propose to take Questions Nos. 108 and 109 together.

The legislation to address the Law Reform Commission's recommendations on multi-unit developments is in the course of being drafted by Parliamentary Counsel as a matter of priority. The principal focus of the new Bill will be on ensuring good governance of property management companies and similar bodies which comprise the owners of individual units within multi-unit developments and which exercise management functions in relation to such developments. It is also intended to include provisions for the resolution of disputes arising in relation to such matters. The policy aspects extend to my Department, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government. The aim is to publish the Bill in the next Session.

Policy in the law generally on fire safety is the responsibility of the Department of the Environment, Heritage and Local Government. However, the information from that Department is that Part B of the Building Regulations 1997 — 2008 already sets out the fire safety requirements to be observed in the design and construction of multi-unit developments. Where a local authority is satisfied that the building design is in accordance with the requirements of the Building Control Regulations, it will issue a Fire Safety Certificate in respect of the design. Moreover, the Fire Services Acts 1981 and 2003 empower fire authorities to inspect multi-unit developments and to pursue enforcement of fire safety matters, including the management of fire safety. The Act of 1981 places a duty on persons having control over premises, such as multi-unit developments, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire.

Crime Statistics.

Joe Costello

Question:

110 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on a refusal (details supplied) by the Central Statistics Office to provide information in view of the fact that he referred this Deputy’s original parliamentary question to the CSO and that his Department provided these figures prior to the CSO taking over the function; and if he will make a statement on the matter. [9343/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. The CSO took over responsibility for the compilation and publications of these statistics in the third quarter of 2006.

I understand from the CSO that key considerations in the production of official statistics are to protect confidentiality and to minimise the risk of disclosing information that might lead to an individual being identified. The production of statistics for very small geographical areas increases the risk of such disclosure. The CSO has given a commitment that Garda data supplied to it would be subject to the highest standards of protection and confidentiality and that they would not be disseminated, shown or communicated to any other person or body in a form that can be related to an identifiable person or undertaking.

The CSO took the view that the Deputy's query related to sensitive information on criminal offences for a very small geographical area, to which the considerations set out above apply.

Citizenship Applications.

Phil Hogan

Question:

111 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision for citizenship will be decided in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [9344/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2006.

Officials in that Section inform me that the application is currently being processed and the file will be submitted to me for a decision in due course. The average processing time from application to decision is now at 23 months but more complicated cases can at times take considerably more than the current average.

I understand that the person concerned is a refugee and in accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

Sean Sherlock

Question:

112 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if he will expedite an application for naturalisation in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [9347/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2008.

Applications for certificates of naturalisation are dealt with in chronological order as this is deemed to be the fairest to all applicants.

Certain categories of applicant receive a faster decision as their cases are less complex and require less processing and assessment. These include refugees, spouses of Irish citizens, and applications made on behalf of minors. In exceptional circumstances, I may expedite a decision on an application. There is nothing contained in the Deputy's Question that warrants taking the application out of chronological order and treating it expeditiously.

The average processing time from application to decision is now at 23 months. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Departmental Expenditure.

Denis Naughten

Question:

113 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 200 of 28 January 2009, when his Department will furnish the costs of reports and that of agencies under its control; and if he will make a statement on the matter. [9352/09]

I can inform the Deputy that the position remains the same as outlined in my reply of 28th January last. I regret that it is not feasible to easily identify the exact costs of all the various reports emanating from my Department and its many agencies. To begin that process would necessitate the reallocation of considerable time and resources which could not be justified in the circumstances.

However, I can assure the Deputy that my Department's policy in relation to meeting its public information obligations, as set out in my previous reply, is geared to keeping costs to an absolute minimum.

Drug Seizures.

Thomas P. Broughan

Question:

114 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the drugs seizures in north Dublin, including dates, quantities and location to date in 2009; and if he will make a statement on the matter. [9377/09]

I am informed by the Garda Authorities that the Forensic Science Laboratory has reported that 298 drugs cases have been received from stations within the DMR North Division during the period 1st January to 2nd of March 2009.

A search of each individual case for seizure date, location and quantity is not possible, without a disproportionate expenditure of Garda time and resources, to provide the information requested.

Prison Committals.

Joe Carey

Question:

115 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the population of St. Patrick’s Institution, in tabular format, stating on an annual basis for the period 2002 to 2008, the age profile, the average period of detention and the percentage of population in each age profile that attend formal education classes; the percentage in each age profile that attend additional optional education classes; and if he will make a statement on the matter. [9386/09]

St. Patrick's Institution is a closed, medium security place of detention for males aged 16 to 21 years of age, serving sentences up to life. It contains a special unit for 16 and 17 year olds, however in the longer term the Irish Youth justice Service will take responsibility for the detention facilities for all boys under 18 years of age.

I am informed by the Irish Prison Service that the average population of St. Patrick's Institution on an annual basis for the period 2002 to 2008 is as follows:

Year

Average Population

Committals for the year

2002

179

1,158

2003

188

1,122

2004

197

1,300

2005

187

909

2006

187

1,080

2007

197

756

2008*

210

1,044

*Figures for 2008 are provisional only as the Annual Report 2008 has yet to be finalised.

I am further informed that the average period of prisoner detention in St. Patrick's Institution is not available for the years 2002 to 2008. The collation of the information requested would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. However, the Irish Prison Service Annual Reports provide a breakdown in relation to sentence length by age of offender. In 2007, the breakdown is as follows:

<3 mths

3 – < 6 mths

6 – <12 mths

1 – <2 yrs

2 – <3 yrs

3 – 5 yrs

5 – 10 yrs

10 + yrs

Life

Total

16

5

12

17

0

3

2

0

0

0

39

17

18

20

37

4

1

3

1

0

0

84

18 – <21

285

198

232

84

55

49

24

2

1

930

It should be noted that the above figures apply to sentenced offenders only, under 21 years of age that are detained throughout the prison estate, not just in St. Patrick's Institution.

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

The Department of Education and Science provided an allocation of 220 whole-time equivalent teachers to the prisons through the VECs in the academic year 2008/09. This enables education to be offered in all prisons, including some provision for the summer months and special teaching arrangements where prisoners are segregated. Currently there are 20 whole-time equivalent teachers appointed by the City of Dublin Vocational Committee to staff the Education Unit in St Patrick's Institution. There are three sections within the school complex — Junior School, Senior School and the Protection Unit. The Junior School, for students aged 16-17 years, has six classrooms and the Senior School, for students aged 18-21 years, has twelve classrooms. There are two classrooms in the Protection Unit. There is a wide range of subjects on offer to students and students may sit the Junior Certificate and Leaving Certificate. FETAC courses are also offered in the School.

The following table shows the involvement in education in St Patrick's Institution for the period 2002 to 2007 across all age profiles. A breakdown by age is not available. Participation in education is counted as involvement in at least one structured class in a sample week. However, most of those taking part in education do so on a daily basis, as may be gauged by the measure of "intensive participation". Figures for 2008 are not readily available at this time, however I will forward the information to the Deputy as soon as it is available to me.

Participation in Education in St Patrick's Institution

Year

Participation

Population

Percentage

Intensive participation*

Percentage

2002

113

179

63%

81

45%

2003

88

187

47%

52

28%

2004

92

187

49%

53

28%

2005

93

174

53%

46

26%

2006

95

193

49%

42

22%

2007

111

199

56%

84

42%

*Intensive participation = Involved in structured classes for 10 hours or more per week.

Figures based on enrolment on a sample week in November of each year.

Departmental Expenditure.

Joe Carey

Question:

116 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the annual budget of St. Patrick’s institution in each year since 2002; the comparing annual population of the prison; the annual cost since 2002 per prisoner; and if he will make a statement on the matter. [9387/09]

It is not possible to provide figures for the annual budget of St. Patrick's Institution as the Irish Prison Service does not allocate specific annual budgets for the operation of each institution. The below provides information relating to the annual average prisoner population and the annual cost per prisoner for each of the years in question. The figure for 2008 is not yet available as the Appropriation Account has yet to be finalised.

Year

Average Population

Cost per Prisoner

2002

179

85,550

2003

188

82,300

2004

197

79,800

2005

187

90,700

2006

187

97,100

2007

197

106,800

The cost per prisoner is based on the overall operating costs in each year, i.e, the actual running costs, such as pay, light and heat, food, maintenance, small works, etc., and also includes certain fixed costs that arise irrespective of the number of prisoners in custody, e.g. staffing numbers, utilities, etc. In addition, all headquarters and central service costs are allocated over the prison establishments for the purpose of calculating the cost per prisoner at each location. Major capital expenditure is excluded from the calculation in the interest of facilitating comparison between individual institution costs.

The increase in the annual cost per prisoner during the period 2004 to 2007 is due primarily to pay increases under the National Pay Agreements and an increase in staff numbers at St. Patrick's Institution from 181 in 2004 to 218 in 2007. The increase in staffing relates in part to the opening of the Special School for 16 and 17 year olds at that Institution. There was also significant investment in work and training facilities at St. Patrick's Institution, with new workshops being opened during the period.

Prison Services.

Joe Carey

Question:

117 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the services and resources available at St. Patrick’s institution; the percentage of the population who are participating in these resources; and the average participation against percentage population annually since 2002. [9388/09]

St Patrick's Institution offers a diverse range of general and specialist services provided both by the Irish Prison Service and by in-reach statutory and non-statutory services. Chief among these are healthcare, psychiatric, psychological, educational, vocational, counselling, welfare and spiritual services to meet the specific needs of prisoners. As the Deputy will appreciate these services are important in addressing offending behaviour, drug and alcohol addiction, missed educational and vocational opportunities, anger management and self-management in the interest of encouraging positive personal development in prisoners and preparing them for re-integration and resettlement on release from custody.

Given the diverse range of services, the fact that prisoners engage across a number of services and the transitional nature of the prison population, it is not possible to provide precise statistics around prisoner participation. However, I can advise the Deputy that every effort is made to encourage and get prisoners to engage with relevant services and participate in constructive activity.

I am advised by the Director General of the Irish Prison Service that almost all prisoners are involved with a number of services during their sentence and involvement with the range of facilities currently available in St. Patrick's Institution will continue to be fostered.

Citizenship Applications.

Pat Breen

Question:

118 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application by a person (details supplied) in County Clare; and if he will make a statement on the matter. [9401/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in October 2008.

The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in mid 2007. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale.

There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria. I understand that the person concerned is married to an Irish national and every effort is made to ensure those applications are dealt with as quickly as possible.

Deportation Orders.

Willie Penrose

Question:

119 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will extend the time to enable a person (details supplied) in County Westmeath to apply for subsidiary protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 in view of the fact that they were unaware of their right to do so; and if he will make a statement on the matter. [9406/09]

The person concerned applied for asylum in the State on 10 January 2008. 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 22 September 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified, through the same communication, 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). My Department has no record of an application for Subsidiary Protection in the State having been submitted by the person concerned. It is still open to the person concerned to submit such an application. However, such an application would need to be submitted without further delay.

Representations in support of an application for leave to remain temporarily in the State 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.

The Deputy might wish to note that once a final decision is made on the case of the person concerned, she would no longer have an automatic entitlement to make an application for Subsidiary Protection in the State.

Residency Permits.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a review will be undertaken regarding a decision to refuse residency in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [9427/09]

I am informed by the Irish Naturalisation and Immigration Service that leave to remain in the State in the case of the persons referred to by the Deputy has been refused. This decision was made following a full and thorough review of this case, having taken into account all the facts known to my Department.

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [9428/09]

The person concerned applied for asylum on 24 November 2006. 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 11 September 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Visa Applications.

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) can return to Ireland; and if he will make a statement on the matter. [9429/09]

Based on the information provided by the Deputy, my department has no record of the persons referred to. It is however open to all persons resident outside the State, and who are visa required to apply to their nearest Irish Embassy or Consulate for the appropriate visa. Each visa application is considered on its individual merits the onus resting with the applicant to satisfy the Visa Officer as to why a visa should be granted. Comprehensive information when making a visa application is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Citizenship Applications.

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for citizenship in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9430/09]

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

Work Permits.

Bernard J. Durkan

Question:

124 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an updated stamp four will issue in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9431/09]

I am informed that the permission to remain in the State (under Stamp 4 conditions) granted to the person concerned is currently valid until 12 June 2009.

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an updated stamp four will issue in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [9432/09]

I am informed that the person concerned was granted permission to remain in the State under the arrangements then in place in February 2002 for the non-EEA parents of Irish citizen children. I am further informed that the permission granted to the person in question is currently valid until 6 April 2009.

Refugee Status.

Bernard J. Durkan

Question:

126 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a travel document will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9433/09]

I am informed by the Immigration Services Section of my Department that the Deputy has previously made representations on behalf of the individual referred to in relation to acquiring a travel document. A letter issued to the Deputy on 28 January 2009 advising that as this person is a DR Congo national he should apply to the Embassy of the Democratic Republic of Congo, 281 Gray's Inn Road, London WC1X 8QF, England for a new national passport before his current passport expires on 7th May 2009.

The person referred to has not been granted refugee status in the State in accordance with the Refugee Act 1996 and therefore is not entitled to apply for a 1951 UN Convention Travel Document.

Citizenship Applications.

Bernard J. Durkan

Question:

127 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the requirements to qualify for Irish citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9436/09]

I am advised that there is no record of any application for naturalisation from the person referred to in the Deputy's Question. In making any such application the person concerned should note that 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 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.

Residency Permits.

Bernard J. Durkan

Question:

128 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 175 of 19 February 2009 and No. 622 of 27 January 2009, when a decision will be made regarding extension of residency in respect of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [9437/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 622 of Tuesday, 27 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Refugee Status.

Bernard J. Durkan

Question:

129 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency and refugee status in view of the background to the case in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [9438/09]

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Asylum Applications.

Bernard J. Durkan

Question:

130 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in respect of a person (details supplied) in Dublin 15; if an extension of residency will be granted, in view of the fact that they are due to have a baby in 2009; and if he will make a statement on the matter. [9439/09]

I refer the Deputy to Parliamentary Questions No. 148 of Thursday, 9 October 2008 and No. 909 of Wednesday, 24 September 2008 and the written Replies to those Questions.

The person concerned applied for asylum in the State on 16 November 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 10 January 2007. This Order was subsequently served on the person concerned which placed a legal obligation on her to present herself at the Offices of the Garda National Immigration Bureau (GNIB), on Thursday 18 January 2007, to make arrangements for her formal transfer to the United Kingdom. The person concerned failed to ‘present' on this occasion and was therefore classified as having ‘evaded' her transfer. The person concerned became illegally resident in the State at that time.

The person concerned continued to evade her transfer with the consequence that the Transfer Order expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. As part of this process, the person concerned was invited to attend for interview at that Office at a designated date and time but she failed to attend. She did not offer any explanation for her non-attendance. As a result, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was conveyed in writing to the person concerned by letter dated 30 June 2008. This communication also notified the person concerned that, in accordance with the provisions of Section 13(2)(c) of the Refugee Act, 1996 (as amended), there was no appeal against this recommendation.

Arising from the recommendation of the Refugee Applications Commissioner, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 14 July 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned has not responded to my Department's letter dated 14 July 2008.

The case of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). This process will involve an examination of the case of the person concerned having regard to 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 consideration has been completed, the case file of the person concerned is passed to me for decision.

The Deputy might wish to note that the person concerned has not notified my Department or produced any documentary evidence which might suggest that she is pregnant.

Residency Permits.

Bernard J. Durkan

Question:

131 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [9440/09]

I wish to inform the Deputy that the permission granted to the person concerned under the IBC/05 Scheme has been renewed until 26 August 2010.

Travel Documentation.

Bernard J. Durkan

Question:

132 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if passports or travel documentation will issue in respect of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [9441/09]

The Immigration Services Section of my Department has informed me that there is no record of current travel document applications on hand on behalf of the persons in question.

As the first named person is an Angolan national it is advised that he contact the Embassy of Angola, 22 Dorset Street, London WIU 6QY, England with a view to obtaining a national passport. The Deputy did not indicate whether the children are Irish citizens or Angolan citizens. If they are Irish citizens, applications for Irish passports may be made to the Passport Office, Department of Foreign Affairs, Molesworth Street, Dublin 2. If the children are not entitled to Irish passports, the first named person should contact the Embassy of Angola with a view to obtaining Angolan national passports for his children.

Residency Permits.

Bernard J. Durkan

Question:

133 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if, having regard to judgments, he will review the case in respect of residency in relation to a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9442/09]

Following the recent judgement in respect of this person their case is currently under consideration. My Department is awaiting updated medical reports from the applicant's legal representatives.

Bernard J. Durkan

Question:

134 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the developments that have taken place regarding an application for residency in respect of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [9443/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 680 of Tuesday 27 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Citizenship Applications.

Bernard J. Durkan

Question:

135 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9444/09]

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

Work Permits.

Bernard J. Durkan

Question:

136 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a stamp four will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9445/09]

An application from the person concerned, regarding his status in the State, has not yet been received in my Department. This being the case, I am unable to add anything further to that already stated in my previous replies concerning the person in question.

Visa Applications.

Bernard J. Durkan

Question:

137 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 161 of 19 February 2009, the options open in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [9447/09]

The position with regard to Family Reunification remains unchanged from that stated in my replies to Parliamentary Questions 160 of 19 June, 2008 and 634 of 27 January, 2009. Should the person referred to wish to enter the State, he will be required to obtain a visa. In this case, such an application may be made to the Visa Section, Embassy of Ireland, Plot 415 Negro Crescent, Maitama District, Abuja, Nigeria.

Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

Citizenship Application.

Bernard J. Durkan

Question:

138 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a naturalisation certificate will re-issue in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [9448/09]

A certificate of naturalisation was issued to the person referred to in the Deputy's Question on 1 February, 2002. Officials in the Citizenship Division of my Department inform me that they have not had a request from the person concerned to have a copy of his certificate re-issued. The appropriate questionnaire in relation to lost certificates of naturalisation was issued to the person concerned on 2 March, 2009.

Asylum Applications.

Bernard J. Durkan

Question:

139 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to the application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9449/09]

I refer the Deputy to Parliamentary Question No. 200 of Thursday, 2 October 2008, and the written Reply to that Question. The person concerned applied for asylum on 19 October 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

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

By letter dated 3 January 2008, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned did not submit such an application.

Following consideration of the case of the person concerned, 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 by the Minister in respect of the person concerned on 26 February 2008. This Order was formally served by registered post dated 11 March 2008.

The person concerned instituted Judicial Review Proceedings on 7 April 2008 challenging the Deportation Order. The Judicial Review Proceedings were subsequently settled. Among the Terms of Settlement were provisions that the Deportation Order would be revoked and the person concerned would be enabled to submit fresh representations in support of an application for permission to remain in the State. The Deportation Order has since been revoked. The person concerned was invited to provide fresh representations under section 3(3)(a) of the Immigration Act, 1999 (as amended). 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 case file of the person concerned is passed to me for decision.

Residency Permits.

Bernard J. Durkan

Question:

140 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if further consideration will be given regarding determination of the application for residency status in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [9450/09]

I refer the Deputy to Parliamentary Question No. 129 of Thursday, 20 November 2008, and the written Reply to that Question. The immigration case histories and up to date positions of the three persons concerned, a husband, wife and child, are almost identical. Accordingly, for the purposes of the Deputy's Question, I will deal with the three cases as one. The persons concerned applied for asylum on 2 July 2007. Their applications were refused following consideration of their cases 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 persons concerned were informed, by letter dated 18 February 2008 in the case of the first named person concerned and by letter dated 15 February 2008 in the cases of the second and third named persons concerned, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, they were notified of their 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 persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection in the State. The persons concerned were notified of these decisions by letters dated 15 October 2008.

The case files of the persons concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When these considerations have been completed, the case files of the persons concerned are passed to me for decision.

Bernard J. Durkan

Question:

141 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency for a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [9451/09]

The person concerned has been granted temporary Leave to Remain in the State for a three year period, to 23 May 2010. This decision was conveyed in writing to the person concerned by letter dated 23 May 2007.

Bernard J. Durkan

Question:

142 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency by a person (details supplied) in County Limerick; and if he will make a statement on the matter. [9452/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 662 of Tuesday 27 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Northern Ireland Issues.

Michael Ring

Question:

143 Deputy Michael Ring asked the Minister for Foreign Affairs if the review of the North-South implementation bodies and areas for co-operation, as agreed by the North-South Ministerial Council, at its plenary meeting on 17 July 2007, has been completed; if he has been furnished with a copy of the relevant report; if his Department will carry out a ten- year review of the merit of the North-South bodies and of the strategic aims and associated functions of Foras na Gaeilge in particular; and if he will make a statement on the matter. [9336/09]

The St Andrews Agreement of 2006 provided for a review to examine the efficiency and value for money of the North/South Implementation Bodies, including the North/South Language Body, of which Foras na Gaeilge is a part. The Agreement also provided for the review to examine the case for additional North/South Bodies and for additional areas of co-operation within the North/South Ministerial Council (NSMC) and to input into work on the identification of a suitable substitute for the proposed Lights Agency of the Foyle, Carlingford and Irish Lights Commission.

The North/South Ministerial Council agreed at its plenary meeting in July 2007 to set up a Review Group to take this work forward and to report back on it. The review is ongoing. At the most recent plenary meeting of the North/South Ministerial Council in Derry on 23 January 2009, Ministers welcomed the progress made to date and requested the Review Group to consider, in consultation with the relevant sponsor Departments and Ministers, North and South, draft recommendations on the existing North/South Bodies and to submit a report on that aspect of the review to the next meeting of the NSMC plenary. That meeting is expected to take place in June of this year.

The Council also requested the Review Group to complete work on its remaining terms of reference (the case for additional Bodies and areas of co-operation within the NSMC and the identification of a suitable substitute for the Irish Lights Agency) and to submit proposals to it by the end of 2009. In these circumstances, I do not feel that it would be appropriate for my Department to conduct a separate review of the North/South Bodies.

Passport Information.

Brian O'Shea

Question:

144 Deputy Brian O’Shea asked the Minister for Foreign Affairs his proposals to include further information on Irish passports (details supplied); and if he will make a statement on the matter. [9410/09]

The person in question has proposed the inclusion of details regarding illness on a passport. The current Automated Passport System (APS) does not cater for this and its inclusion would require a major redesign of the passport system and booklet. There would be a significant cost involved which would be difficult to justify against the backdrop of the current economic constraints.

I will however, keep this proposal in mind for consideration in future developments of the system. In order to reduce the risk of difficulties while travelling the person in question may wish to consider obtaining a letter from his general practitioner regarding his illness and explaining why it is necessary for him to carry medication and equipment.

Passport Applications.

Brian O'Shea

Question:

145 Deputy Brian O’Shea asked the Minister for Foreign Affairs the reason a person (details supplied) has been refused an Irish passport; and if he will make a statement on the matter. [9411/09]

Brian O'Shea

Question:

146 Deputy Brian O’Shea asked the Minister for Foreign Affairs if he will intervene to resolve the case of the child of an Irish parent who has been refused a passport (details supplied); and if he will make a statement on the matter. [9412/09]

I propose to take Questions Nos. 145 and 146 together.

A passport application was received by the Passport Office in respect of the person in question on 25 November 2006. The applicant's mother stated that the applicant's father was born in Ireland and that the applicant was, therefore, an Irish citizen and thus entitled to an Irish passport. The person identified as the child's father died prior to the child's birth.

Section 7 of the Passports Act 2008 requires that the Minister for Foreign Affairs shall be satisfied that a person is an Irish citizen before issuing a passport. Proofs of identity and entitlement to citizenship are required in respect of all passport applications. In the case in question, the applicant's mother provided certain documentation as evidence of entitlement to citizenship which purported to establish the identity of the applicant's father. These documents were insufficient to confirm that the individual named by the applicant's mother is the father of the applicant.

The Department wrote to the applicant's mother on 10 January 2007 to inform her that, pending the receipt of satisfactory evidence of Irish citizenship, it was unable to issue a passport to the applicant. The Department outlined the proofs required to establish citizenship. In March 2007, in response to further queries from the applicant's mother, the Department explained further how the relevant proofs might be obtained and took the additional step of contacting the Legal Aid Board on her behalf. However, my Department received no further correspondence on behalf of the applicant.

Two years passed before the appearance last Sunday of the newspaper articles referred to by the Deputy. In these articles, it is reported that a brother of the person through whom Irish citizenship is claimed has prepared an affidavit acknowledging the applicant as his brother's daughter and that he has offered to undergo DNA tests to support the child's right to citizenship. No such affidavit has been received by the Department, nor, prior to the appearance of the newspaper articles, had there been any contact from the family of the person through whom citizenship is claimed.

Earlier this week, a member of the family made contact with the Department on this matter. The Department will liaise with this family member and the applicant's mother to assist them in establishing whether the applicant is entitled to Irish citizenship. My Department has at all times sought to be of assistance to the applicant and her mother, within the constraints of its legal obligations, and will gladly issue a passport to the applicant if citizenship can be established.

Emigrant Support Services.

Willie Penrose

Question:

147 Deputy Willie Penrose asked the Minister for Foreign Affairs the efforts he is making or the contacts he has made with the US Administration in regard to bringing forward legislation to deal with undocumented Irish citizens; if the issue of the reinstatement of section 245, or a repeal of the three and ten-year overstay bars were discussed; and if he will make a statement on the matter. [9413/09]

The Government attaches the highest importance to resolving the plight of our undocumented citizens in the United States. In the absence, to date, of comprehensive immigration reform in the United States, we have actively pursued a bilateral approach in this area, aimed at reforming our overall immigration arrangements with the United States and facilitating greater legal migration between the two countries. The approach has had three core objectives: a reciprocal Working Holiday Agreement; new bilateral arrangements to provide reciprocal long term working visas (known as E3s); and a solution for our undocumented.

The first of these objectives has already been delivered, and the second, the provision of long term working visas, similar to the E3 Visas available to Australian citizens, has formed the basis for detailed discussions with senior Members of Congress over the past twelve months. Ideally, the undocumented would be able to avail of the proposed visa scheme. However, if that is not possible, as many of our key contacts have advised, their best prospect for a solution lies with comprehensive immigration reform.

I would like to emphasise that our efforts in these areas in no way dilute the Government's strong commitment to finding a solution for the undocumented, whose welfare remains a key priority. We are in ongoing contact with US law-makers on this issue. A central part of a solution for the undocumented would be the regularisation of their status in the United States. In the past, regularisation in the United States was facilitated through the adjustment of status under section 245(i) of the U.S. Immigration and Nationality Act. Our key contacts advise that adjustment of status could only be addressed after less politically sensitive matters, such as agriculture visas and the DREAM Act, have been advanced. The Taoiseach and I will use the particular opportunity afforded by the St. Patrick's Day celebrations in the US to engage the new Administration at the very highest level on this issue.

Horse and Greyhound Racing Fund.

Michael Creed

Question:

148 Deputy Michael Creed asked the Minister for Arts, Sport and Tourism If he has concluded his review of the Horse and Greyhound Racing Fund; the level of funding that has been available to the horse and greyhound sector from this fund for each of the past five years; the number of jobs that are sustained in this sector; and if he will make a statement on the matter. [9362/09]

Government support for the horse and greyhound racing industries is provided under the Horse and Greyhound Racing Fund, which was established under the Horse and Greyhound Racing Act, 2001.

Under the provisions of the Act, the Fund has, from 2001 to 2008, received a guaranteed level of finance each year. This was based on excise duty on off-course betting in the preceding year, subject to a minimum level based on the year 2000 amount adjusted for inflation. Any shortfall in the amount generated by the excise duty was made up by direct Exchequer subvention. In 2004, the Government put in place regulations to increase the limit of the Horse and Greyhound Racing Fund from €254m to €550m to continue the Fund for a further four years to 2008. By the end of 2008 a total of €545.8m was paid out of the Fund. The remaining balance in the Fund at the start of 2009 was €4.2m. €69.6m has been allocated to the Fund for 2009.

The rationale of the Fund is that the horse and greyhound racing industries need certainty in relation to their funding support on a multi-annual basis and that the mechanism for such certainty should be derived from the duty generated from off-course betting. Prior to 2001 the Horse and Greyhound Racing Bodies were funded with annual grant-in-aid allocations as well as 0.3% of turnover and a fixed fee from off-course betting.

Funding of both of these agencies supports two very important productive industries and helps to sustain the important role of horse and greyhound breeding & training enterprises in the development of the rural economy. These industries, together, account for an estimated 27,500 direct jobs, generate very substantial economic activity and make a vital contribution to the rural economy including farm incomes. The funding given to the greyhound racing sector helps in sustaining a tradition that has existed for hundreds of years and in underpinning the economic activity in what are in many instances less affluent regions of the country.

This funding has allowed Ireland to develop into a world centre of excellence for horseracing. Horse Racing Ireland has undertaken a capital investment programme that has underpinned growth in the sector.

The Fund has also contributed significantly to the almost €90 million that has been invested in the improved facilities now available at greyhound tracks around Ireland. A review of the Fund is nearing completion and will be submitted to the Government in due course in the context of deciding on the future funding of these industries. Any extension of the Fund will require the approval of the Government and the Oireachtas. The following table details the level of funding that has been available to the horse and greyhound sector from this Fund for each of the past eight years.

Horse and Greyhound Racing Fund 2004-2008 (€)

Fund Year

2004

2005

2006

2007

2008

Fund Income

66,914,000

68,350,000

70,059,000

73,111,000

76,285,800

HRI

53,531,200

54,680,000

56,047,000

58,539,000

61,028,800

BNG

13,382,800

13,670,000

14,012,000

14,572,000

15,257,000

Sports Funding.

Joe Costello

Question:

149 Deputy Joe Costello asked the Minister for Arts, Sport and Tourism the amount of funding that was provided to inter-county GAA players to afford parity of esteem with other elite amateur athletes in 2008; the amount he proposes to provide in 2009; and if he will make a statement on the matter. [9341/09]

An amount of €3.5 million was included in the 2008 budget for the Irish Sports Council in 2008 to fund the Gaelic players grant schemes. The administration of the schemes is a matter for the Irish Sports Council and the Gaelic Athletic Association.

In light of the current economic constraints and the reduction in the ISC's allocation of funding in the 2009 Estimates, I am having discussions with the Council on optimum funding options, in order to maintain its existing programmes while building on recent progress. The future funding of the Gaelic players schemes is being considered in that context.

Sports Capital Programme.

Paul Nicholas Gogarty

Question:

150 Deputy Paul Gogarty asked the Minister for Arts, Sport and Tourism further to a previous parliamentary question by this Deputy of 8 January 2009, if his attention has been drawn to the merits of the roll-over request by a club (details supplied) in County Dublin; if the club will be facilitated with this request in view of the circumstances outside its control; and if he will make a statement on the matter. [9399/09]

The club in question was allocated €250,000 under the sports capital programme 2007. Under the terms and conditions of the programme, a "sunset clause" provision exists whereby the Department can fully or partially withdraw grants in the absence of satisfactory progress being made by the grantee, for any reason, in drawing down the grant. In addition, the terms and conditions require the execution of a Deed of Covenant and Charge for allocations above a specified threshold. A Deed provides, inter alia, for a refund of the grant in the event of the facility not continuing to be used for the purpose for which the grant was allocated and is intended to protect the taxpayers' investment in the project.

Arising from difficulties with the title to the site of the facility that was the subject of the 2007 provisional allocation, the club has not progressed the payment of the grant and has recently sought to transfer the allocation to an alternative site. The position routinely applied by the Department heretofore is that when a club changes site, any grants to the original site fall as the grant application has been assessed on the basis of the original location.

Notwithstanding the above, my Department is prepared to examine the request from the grantee in question to transfer a grant allocated under the programme to an alternative site. My Department wrote to the club on 13 February 2009 specifying the documentation required to fully consider such an application. A response to that letter is currently awaited.

In recognition of the difficult position faced by the club in progressing the project, the deadline from which monies can be drawn down will also be extended. However, it is important that the club respond to the letter of 13 February and keep my Department informed of ongoing developments. Grants cannot be held open indefinitely and every effort should be made to progress projects as speedily as possible.

Comhlachtaí Poiblí agus Trasteorann.

Dinny McGinley

Question:

151 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén suim airgid atá ceadaithe do na Príomhfheidhmeannaigh sna comhlachtaí poiblí agus trasteorann atá faoi chúram a Roinne a chaitheamh nó a dheonú gan chead a fháil ó Bhoird Stiúrtha na gcomhlachtaí céanna agus cén méid airgid a chaith siad nó a dheonaigh siad sna blianta 2006, 2007 agus 2008; agus an ndéanfaidh sé ráiteas ina thaobh. [9310/09]

Dinny McGinley

Question:

152 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén bonn ar a gceaptar daoine ar Bhoird na gcomhlachtaí poiblí agus trasteorann atá faoi chúram a Roinne agus cén buntáiste é do thodhchaí na gcomhlachtaí sin, iad a choinneáil amach ón bplé ar an leithscéal go bhfuil coimhlint leasa ann, fiú nuair nach bhfuil leas pearsanta nó leas do na heagraíochtaí a bhfuil siad páirteach iontu i gceist; agus an ndéanfaidh sé ráiteas ina thaobh. [9311/09]

Dinny McGinley

Question:

153 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an é a thuairim gur fearr do na comhlachtaí poiblí agus trasteorann comhairle a gcuid comhaltaí boird a bheith ar fáil dóibh ag cruinnithe de na boird go háirithe sna réimsí sin a bhfuil saintaithí ag na comhaltaí sin orthu agus nach mbeadh siad coinnithe amach ón bplé ach amháin sa chás go mbeadh coimhlint leasa ann toisc leas pearsanta nó leas díreach a bheith ann do cibé comhlacht nó eagraíocht ag a bhfuil na comhaltaí fostaithe nó ar stiúrthóirí orthu iad agus sin trí dheontas a bheith á íoc leo; agus an ndéanfaidh sé ráiteas ina thaobh. [9312/09]

Dinny McGinley

Question:

154 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an aontaíonn sé nach dea-chleachtas é go bhfuil comhlachtaí príobháideacha d’fhostaithe nó de bhaill Bord Stiúrtha de chuid comhlachtaí poiblí nó trasteorann in ann cur isteach ar dheontais agus deontais a fháil do na comhlachtaí príobháideacha sin ó na comhlachtaí poiblí nó trasteorann céanna; agus an ndéanfaidh sé ráiteas ina thaobh. [9313/09]

Dinny McGinley

Question:

155 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an gceapann sé gur dea-chleachtas é go mbeadh Cathaoirligh agus Baill coistí deontas comhlachtaí poiblí agus comhlachtaí trasteorann ag cur isteach ar dheontais ón gcomhlacht sin dóibh féin nó dá n-eagraíochtaí fad atá cumhacht acu féin breithiúnas a dhéanamh ar iarratais ar dheontais ó chomhlachtaí /ghrúpaí eile; agus an ndéanfaidh sé ráiteas ina thaobh. [9314/09]

Tógfaidh mé Ceisteanna Uimh. 151, 152, 153, 154 go 155 le chéile.

Cuirtear cistíocht ar fáil trí Vóta mo Roinne-se do dhá chomhlacht poiblí le bord — Údarás na Gaeltachta agus Coimisiún Forbartha an Iarthair — agus do chomhlacht trasteorann amháin le bord — An Foras Teanga, a bhfuil dhá áisíneacht ann: Foras na Gaeilge agus Gníomhaireacht na hUltaise.

Baineann córais difriúla le ceapachán comhaltaí ar bhoird na gcomhlachtaí sin. Mar shampla, is ó Thuaidh a ndéantar leath de na ceapacháin don Fhoras Teanga; bíonn 17 ball d'Údarás na Gaeltachta tofa go daonlathach; agus tagann na ceapacháin do bhord Choimisiún Forbartha an Iarthair faoi mo chúram féin.

An méid sin ráite, cé go mbíonn córais difriúla i gceist ó chomhlacht go comhlacht, is é an bunphrionsabal i gcónaí ná daoine a aimsiú le saineolas, taithí agus spéis i réimse imeachtaí agus feidhmeanna an chomhlachta a bhíonn i gceist. Tá léargas ar na critéir ábhartha ar fáil sa reachtaíocht chuí.

Leagtar amach sa tábla faoi seo sonraí maidir leis na teorainneacha airgid atá ceadaithe do Phríomhfheidhmeannaigh a chaitheamh nó a dheonú le cead tarmligthe ó Bhoird Stiúrtha na gcomhlachtaí atá i gceist.

Tábla: Teorainneacha airgid atá ceadaithe do Phríomhfheidhmeannaigh a chaitheamh nó a dheonú le cead tarmligthe

Eagras

Teorainneacha

Údarás na Gaeltachta

Caiteachas caipitil: suas go €100,000 Caiteachas riaracháin agus an Clár Reatha: gan teorainn sonrach

Foras na Gaeilge

Suas go €50,000

Gníomhaireacht na hUltaise

Suas go €45,000 i gcás riaracháin ghinearálta Suas go €37,500 i gcás chóiríocht oifige Suas go €6,364 i gcás deontais

Coimisiún Forbartha an Iarthair

Suas go €20,000

Maidir leis an méid airgid a caitheadh i gcomhréir leis na teorainneacha thuas sna blianta 2006-08, ní raibh sé indéanta an t-eolas sin a chur le chéile san amscála a bhí i gceist. Tá socruithe cuí á dhéanamh, áfach, an t-eolas ábhartha a chur ar fáil don Teachta chomh luath agus is féidir.

Faoi mar is eol don Teachta, tá riachtanais áirithe i ndáil le hEitic agus Caighdeáin in Oifig Phoiblí leagtha amach sa reachtaíocht ghinearálta a bhaineann leis na cúrsaí sin agus, ar ndóigh, sa reachtaíocht shonrach i gcás Údarás na Gaeltachta agus Choimisiún Forbartha an Iarthair. Anuas ar sin, leagtar síos sa Chód Cleachtas do Chomhlachtaí Stáit gur chóir go mbeadh cód cleachtais i scríbhinn ag gach gcomhlacht dá gcuid stiúrthóirí agus dá gcuid fostaithe ag clúdach riachtanais áirithe, coimhlint leasa ina measc. Ó thaobh na gcomhlachtaí trasteorann, leagtar síos a mhacasamhail de riachtanas san Acht um Chomhaontú na Breataine-na hÉireann 1999 (mír 6 de Chuid 7 den Aguisín don Chomhaontú). Tuigim ó na háisíneachtaí trasteorann a thagann faoi scáth mo Roinne go bhfuil a leithéid i bhfeidhm acu agus go bhfuil polasaí soiléir acu i ndáil le coimhlint leasa. Tuigim freisin go bhfuil na polasaithe sin foilsithe nó le foilsiú go luath ar shuíomh idirlín na gcomhlachtaí. Faoi na polasaithe sin, ní mór comhaltaí boird a choinneáil amach ón bplé i gcás go bhféadfadh coimhlint leasa a bheith i gceist toisc leas pearsanta nó leas díreach a bheith ann do pé comhlacht nó eagraíocht lena bhfuil baint ag an gcomhalta. Measaim féin go bhfuil cur chuige mar sin cóir agus ceart.

Ós rud é go gceaptar comhaltaí de thoradh a gcuid saineolais agus taithí sna réimsí ábhartha, tarlaíonn sé ó am go ham go bhféadfadh comhaltaí boird a bheith gníomhach sa réimse áirithe atá faoi chaibidil ag comhlacht ar leith. D'fhéadfadh sé tarlú chomh maith go mbeadh deontas á lorg acu — nó ag dream atá gaolmhar leo — chun togra áirithe a chur chun cinn. Feictear domsa go mba chóir go mbeadh na gnáthchórais mheasúnaithe in ann déileála go stuama agus go gairmiúil lena leithéid de tharlúint. Ba chóir freisin go mbeadh comhaltaí boird in ann breithiúnas féaráilte a dhéanamh ar iarratais i gcásanna dá leithéid agus ní mór a threisiú gurb é an bord iomlán a bheadh ag díriú ar chinneadh críochnaitheach a dhéanamh i ngach cás den chineál sin. Ar ndóigh, tá an méid céanna fíor i gcás iarratas dá leithéid ó fhostaithe de chuid comhlachta ar bith, sé sin, go bhfuil na rialacha faoin gcód iompair agus na córais mheasúnaithe ann chun déileáil go stuama agus go gairmiúil lena leithéid de chás. Ar ndóigh, má tá aon chás ar leith i gceist ag an Teachta sa chomhthéacs thuas, bheinn lán-sásta fiosruithe a dhéanamh ach eolas cuí a fháil uaidh.

Northern Ireland Issues.

Michael Ring

Question:

156 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs when he was last furnished with annual reports and audited accounts by the North-South implementation bodies under the aegis of his Department; the other years in which these documents were provided to him; if these documents have been published by the relevant bodies and are in the public domain; if he is satisfied that they demonstrate that a proper system of governance is operated by these bodies; and if he will make a statement on the matter. [9337/09]

Two of the North/South implementation bodies come under the aegis of my Department, Waterways Ireland and An Foras Teanga. Waterways Ireland has furnished its Annual Reports and Accounts for each year from 2000 to 2006 and copies of these Reports have been published and are available in the Oireachtas Library as well as on http://www.waterwaysireland.org. The 2007 Annual Report and Accounts will be laid before the Houses shortly and will be available in the Library.

An Foras Teanga comprises two agencies, Foras na Gaeilge and the Ulster-Scots Agency. Each agency has furnished my Department with draft reports and annual accounts for each year from 2000, up to and including 2007. The draft 2008 annual reports and accounts for each agency are due to be submitted by end-March 2009. Once the individual annual accounts for each agency have been audited by the Comptroller and Auditor General (C&AG) or Northern Ireland Audit Office, as appropriate, they require to be consolidated. The consolidated accounts are then jointly examined and certified by the two C&AGs, North and South. To date, consolidated reports and accounts for the years 2000 to 2004 have been finalised and copies of these Reports are available in the Library and on the Foras website: www.gaeilge.ie. The 2005 accounts have also been consolidated and it is hoped that these can be published later this year, subject to sign-off by the two C&AGs.

At the most recent meeting of the North/South Ministerial Council in Language Sector Format on 16 January 2009, the Chief Executives of the two agencies assured both Minister Campbell and I that finalisation of all outstanding annual reports and accounts continues to be given the utmost priority. Both Ministers also acknowledged the inherent complexities in compiling, auditing and consolidating these annual reports and accounts and the efforts of both agencies to progress this work.

The certificate of the C&AGs in both jurisdictions provides assurances in regard to the systems of governance in place. Further assurances are provided at monitoring and other meetings between the agencies and the Sponsor Departments and by way of additional audit reviews, which are carried out from time to time as deemed appropriate.

Departmental Programmes.

Michael Ring

Question:

157 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide a progress report on the State’s attempts to recoup assets invested in the last Leader programme 2000 to 2006; and if he will make a statement on the matter. [9338/09]

All funding applications by project promoters that were approved by the Local Action Groups under the LEADER Programmes were on the basis that investment was targeted at those activities which were capable of being self-sustaining for a period of 5 years or more. In the normal course the State would not be engaged in a programme to recoup assets developed by project promoters under the programmes.

In the context of the conclusion of the cohesion process, however, my Department is currently in contact with the cohesing LEADER groups and Partnerships to ascertain the status of assets held by the groups themselves with a view to the protection of any State and Community interests either through their transfer to the relevant local integrated structure or other means as appropriate.

Dormant Accounts Fund.

Frank Feighan

Question:

158 Deputy Frank Feighan asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding an application for funding under the dormant accounts fund on behalf of a club (details supplied) in County Roscommon. [9423/09]

Disbursements from the Dormant Accounts Fund are designed to assist three broad categories of persons — those socially or economically disadvantaged; those who are educationally disadvantaged and persons with a disability. My Department has been unable to locate any application for the group concerned for Dormant Accounts Funding.

Civil Registration.

Jack Wall

Question:

159 Deputy Jack Wall asked the Minister for Social and Family Affairs her views on correspondence (details supplied); her plans to introduce legislation to address the matter; when such legislation will be published; and if she will make a statement on the matter. [9351/09]

This issue was the subject of a High Court judgement concerning the rights of a person, who has undergone gender reassignment surgery, to recognition of her acquired gender. On foot of a High Court judgement, delivered on 19 October 2007, the judge made a declaration, pursuant to Section 5 of the European Convention on Human Rights Act 2003, that Sections 25, 63 and 64 of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights by reason of their failure to respect the private life of the Applicant, as required by Article 8 of the Convention, in that there are no provisions which would enable the acquired gender identity of the Applicant to be legally recognised in this jurisdiction.

This is the first time that the High Court has made a declaration of incompatibility with the European Convention on Human Rights in respect of a provision of Irish law. As such, the High Court judgement is very significant and raises complex and far-reaching issues, not merely for this case but for future cases under the European Convention on Human Rights Act. The judgment has implications for a wide range of legislative and policy areas including taxation, social welfare, pensions, family law, criminal law, equality, employment, sport, financial services, health, education and so on. It will be a matter for the Government as a whole to decide on an appropriate overall approach to deal with the many issues arising from the High Court judgement.

As the judgment is the subject of an appeal to the Supreme Court, it is not considered appropriate for me to comment in detail at this time, other than to say that I am keeping the matter under review. I would, however, point out to the Deputy that Section 5(2) of the European Convention on Human Rights Act 2003 provides that a declaration of incompatibility does not affect the validity, continuing operation or enforcement of the existing law relating to civil registration.

Social Welfare Benefits.

Bernard J. Durkan

Question:

160 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the benefit that accrues in respect of a person (details supplied) in County Kildare arising from PRSI payments in 2008; and if she will make a statement on the matter. [9434/09]

Bernard J. Durkan

Question:

161 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a person (details supplied) in County Kildare qualifies for unemployment allowance or benefit or in conjunction with their partner; and if she will make a statement on the matter. [9435/09]

I propose to take Questions Nos. 160 and 161 together.

The person concerned has insufficient contributions paid to qualify for a contribution based payment at this time.

The person concerned applied for jobseeker's allowance on 7 November 2008. On receipt of all the necessary documentation and information her claim was disallowed as she failed to satisfy the habitual residence condition which applies to all social welfare means tested schemes. The position regarding her means including her partner's income is not relevant as she failed to satisfy the habitual residency conditions.

Notification of the decision and her right to appeal issued on 16 February 2009 but there is no record of an appeal having been made.

Question No. 162 answered with Question No. 14.

Departmental Staff.

Róisín Shortall

Question:

163 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the steps she is taking to improve processing times for jobseeker’s claims; and if she will make a statement on the matter. [9409/09]

In May 2008 an additional 31 staff were assigned to local offices to deal with the increased volume of claims all of these staff are in place.

Following on from this a further staffing review was undertaken in October and an additional 115 were allocated. By late February 83 of these staff were in place and start dates have been agreed for a further 12 in early March. In addition to this a separate staffing review was undertaken in Cork local office resulting in the allocation of 12 extra staff.

As many local offices are very close to capacity as regards accommodating further staff, we have decided to set up a number of central decision units around the country. Four such units are currently being set up in Dublin, Sligo, Finglas and Carrick-on-Shannon. Each unit will have 10 staff and the Department expects that all of these staff will be in place within the next few weeks. Work has recently commenced on setting up a further unit in Roscommon and this unit should be operational within the next two months or so.

A number of offices have a particularly high volume of claims awaiting a decision. In order to deal with this, 32 additional temporary staff were recruited with effect from 2 March to support these offices. A further 16 Social Welfare Inspectors are being assigned to various locations throughout the country to undertake means testing and other work associated with processing claims for the jobseeker's allowance. This brings the total additional staff being assigned to 246.

It is recognised that the provision of additional staff in itself will not deal with the rising claim load. Since early 2008 we have been examining all aspects of the work associated with the processing of claims and streamlining them wherever possible without, of course, compromising our scheme controls. Examples of process improvement initiatives introduced recently include:

A streamlined process for people who had a claim in the previous 2 years

Application forms for the jobseeker's schemes are now available on the Department's website. This means that anyone who wants to make a claim can print the form at home and bring it to the local office completed. This helps reduce queuing times.

More straight-forward procedures for providing evidence of identity and address have been introduced

We will shortly be introducing a more streamlined procedure for claimants moving to jobseeker's allowance when their jobseeker's benefit expires.

We have introduced an appointment system for taking claims in some offices and plan to extend this to other offices over the coming months.

Becoming unemployed and having to claiming a jobseeker's payment is difficult for people. By introducing these initiatives I am trying to ensure that the process is as easy as it possibly can be for people.

Social Welfare Code.

Joe McHugh

Question:

164 Deputy Joe McHugh asked the Minister for Social and Family Affairs if she plans to amend the system whereby a person must be on jobseeker’s assistance for two years before they qualify for a back to work scheme; and if she will make a statement on the matter. [9334/09]

The back to work scheme was introduced to assist long term unemployed people, lone parents, and sickness related welfare recipients to return to active employment either by taking up employment or becoming self-employed. It is designed to support people who would not otherwise be able to return to the workforce for financial reasons.

There are two strands to the scheme, the back to work allowance (BTWA) for persons who take up employment and the back to work enterprise allowance (BTWEA) for persons who become self employed.

To qualify for the back to work enterprise allowance a person must set up a self–employment business that has been approved by a Partnership Company or a department's facilitator and, in the case of someone on the live register, they must be in receipt of a jobseeker's payment for 2 years prior to commencing their self employment. Participants on the back to work enterprise allowance receive a tapered percentage of their social welfare payment over a four year period. Participants may also retain entitlement to certain other secondary benefits.

The operation of the scheme has been subject to review and modification over the years to ensure that it continues to assist those furthest from the labour market. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most. I can assure you that the Government is absolutely determined to do all we can to help get people back to work and the scheme will continue to be monitored in this context.

Social Welfare Benefits.

Michael Ring

Question:

165 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded jobseeker’s allowance. [9404/09]

The person concerned has been awarded jobseeker's allowance with effect from 18 December 2008 at the weekly rate of €443.90. This payment includes an increase in respect of a qualified adult and qualified children. His first payment including arrears will issue to him shortly.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Bernard J. Durkan

Question:

166 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when jobseeker’s allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9455/09]

The person concerned is in receipt of jobseeker's benefit and his entitlement of 390 days is due to exhaust in April 2009.

A claim form and all relevant papers necessary to enable him to apply for jobseeker's allowance issued on 2 February 2009 but have not yet been returned to the local office.

When an application for jobseeker's allowance is received it will be examined in full and a decision will be made as soon as possible.

Social Welfare Appeals.

Bernard J. Durkan

Question:

167 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if this parliamentary question can be taken by way of appeal regarding the habitual residence clause used to refuse unemployment assistance or unemployment benefit in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9456/09]

The person concerned was refused jobseeker's allowance on 3rd February 2009. The deciding officer, having examined all the circumstances, considered that the person concerned did not satisfy the habitual residence condition as her centre of interest within Ireland and future intentions to remain in Ireland have not been clearly established, in view of her employment record here or any alternative means of support while living here.

The person concerned was notified of the decision in writing on 3rd February 2009 and informed of the right of appeal against the decision.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case.

The habitual residence condition requires the applicant to satisfy the Deciding Officer that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland.

EEA nationals who have been employed since arriving in Ireland may be entitled to Supplementary Welfare Allowance, even if they do not satisfy the HRC condition for jobseeker's Allowance. Such persons should enquire with their local Community Welfare Officer as to their possible entitlement to Supplementary Welfare Allowance as a migrant EU worker.

This parliamentary question has been accepted by the Office of the Chief Appeals Officer as notification of appeal, and an appeal form SWAO1 has been issued to the person concerned for completion. On receipt of the completed appeal form, the Office of the Chief Appeals Officer will make a determination on the case and the person concerned will be advised of the outcome directly.

Social Welfare Code.

Bernard J. Durkan

Question:

168 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs her proposals to alleviate hardship caused by delays in processing applications for various social welfare payments; and if she will make a statement on the matter. [9457/09]

Bernard J. Durkan

Question:

170 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the steps she will take to ensure that persons becoming unemployed do not suffer hardship while awaiting a decision on their application; and if she will make a statement on the matter. [9459/09]

I propose to take Questions Nos. 168 and 170 together.

This Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as expeditiously as possible. The staff and other resources available to the Department are regularly reviewed having regard to the workload arising and other competing demands. The available resources are then used to discharge the Department's obligations towards our claimants and in implementing cost effective controls to prevent and detect fraud and abuse. With the increase in the number of people applying for jobseeker's payments staff in local offices have been working extremely hard to process claims as quickly as possible, however there are delays in some areas.

The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). SWA provides a safety net against poverty in that it gives a statutory entitlement to a minimum weekly income, based on criteria set out in legislation.

SWA payments are divided into two main categories:

those who have income needs that cannot be met from mainline social welfare payments, and

those awaiting a social welfare payment.

The majority of SWA claims are processed within a matter of days. Any instance of excessive delays in processing claims should be brought to the attention of Community Welfare Service management in the particular Health Service Executive area.

Social Welfare Benefits.

Bernard J. Durkan

Question:

169 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will ensure adequate funding to meet the requirements of carers in 2009; and if she will make a statement on the matter. [9458/09]

In Budget 2009, I increased the rate of carer's allowance for those aged 66 or over by €7 to €239 per week and for those aged under 66 by €6.50 to €220.50 per week. These increases took effect from January 2009. Recipients of carer's allowance are also eligible for household benefits and free travel and the respite care grant.

Since 1997 weekly payment rates to carers have greatly increased, qualifying conditions for carer's allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit, half-rate carer's allowance and the respite care grant have been introduced and extended.

The means test for carer's allowance has been significantly eased over the years, and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse's earnings. Since April 2008, the income disregard has been 332.50 per week for a single person and €665 per week for a couple. This means that a couple with two children can earn in the region of €37,200 and qualify for the maximum rate of Carer's Allowance as well as the associated free travel and household benefits. A couple with an income in the region of €60,400 can still qualify for a minimum payment, as well as the associated free travel, household benefits package. These levels surpass the Towards 2016 commitment to ensure those on average industrial earnings continue to qualify for a full carer's allowance.

From June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care, regardless of their income. The rate of the respite care grant has also been increased to €1,700 per year in respect of each care recipient since June 2008.

In June 2006, the number of hours for which a person can engage in employment, self-employment, education or training and still be considered to be providing full time care for the purposes of carer's allowance, carer's benefit and the respite care grant was increased from 10 to 15 hours per week. It is estimated that combined expenditure on carer's allowance, carer's benefit, the respite care grant and half-rate carers will be €650 million in 2009.

Question No. 170 answered with Question No. 168.

Bernard J. Durkan

Question:

171 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs her plans in terms of the adequacy of the budget available to her Department to meet in full the requirements of persons seeking social welfare payments in the course of the economic downturn; and if she will make a statement on the matter. [9460/09]

The Estimates for the Department of Social and Family Affairs which were published with the 2009 Budget were based, in the main, on an analysis of trends as regards likely numbers of recipients and average value of payments in 2009. The estimates for jobseeker's Benefit and jobseeker's Allowance were based on the Department of Finance's prediction at that time of an average Live Register of 290,000 for the year.

Developments in relation to the Live Register are being closely monitored by the Government. Decisions about the adequacy of current resources available to the Department will be taken in a budgetary context.

Social Welfare Code.

Bernard J. Durkan

Question:

172 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs her plans to review the habitual residency clause having particular regard to the fact that as currently applied it deprives many Irish citizens of an entitlement; and if she will make a statement on the matter. [9461/09]

The habitual residence condition was introduced in order to ensure that a person, who has had no attachment to the work force since arrival in Ireland and whose habitual residence is elsewhere, would not be entitled to payment under certain exchequer-funded schemes on arrival in Ireland. Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.

Decisions concerning habitual residence are subject to five factors which have been laid down by the European Court of Justice, and which are now incorporated into our domestic social welfare legislation. The five factors are:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(c) the nature and pattern of the person's employment;

(d) the person's main centre of interest, and

(e) the future intentions of the person concerned as they appear from all the circumstances.

There is currently no discrimination on grounds of nationality in social welfare legislation and to introduce such a provision would be contrary to the equality principles that Ireland has adopted in our own equality legislation, and that we are obliged to respect by virtue of other international conventions.

It is alleged that Irish persons who have returned to live permanently in Ireland have been deprived of entitlement on the grounds of the habitual residence condition. However, my Department has been unable to trace any such cases, and has offered to review any cases that are brought to its attention.

Question No. 173 answered with Question No. 68.

Bernard J. Durkan

Question:

174 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if, in order to cater for the situation arising from the economic downturn, she will ease qualifications for family income supplement payments; and if she will make a statement on the matter. [9463/09]

The Family Income Supplement (FIS) provides income support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments.

Qualification for payment under this scheme requires that a person must be engaged in insurable employment for a minimum of 38 hours per fortnight. A couple may combine their hours of employment to meet the qualification criteria.

Improvements to FIS include the change of assessment from a gross income basis to net income, the increase to €20 per week in the minimum payment and, in recent years, the re-focusing of income thresholds to include additional gains for larger families.

If a low income worker does not work sufficient hours to claim FIS, there is a range of other payments which may be more appropriate. For instance, people working up to three days per week may instead apply for a jobseeker's payment, provided they are unemployed for the remainder of the week and continue to seek full-time work. Entitlement can be either insurance based (jobseeker's benefit) or means-based (jobseeker's allowance). Any changes to the qualifying criteria of any scheme can only be considered in a budgetary context.

Bernard J. Durkan

Question:

175 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she proposes to ease or improve procedures for qualification for free schemes having particular regard to the requirements and hardship arising from the economic downturn; and if she will make a statement on the matter. [9464/09]

The household benefits package is generally available to people living in the State, aged 66 years or over who are in receipt of a social welfare type payment or who satisfy a means test. It is also available to people aged under 66 who are in receipt of certain disability social welfare payments or carer's allowance. The package which includes the electricity and gas allowance, telephone allowance and free television licence schemes, is payable throughout the year to over 358,000 pensioners, people with disabilities, and carer households costs for 2009 are estimated at over €385 million in 2009.

There are no plans to amend the qualifying criteria for the household benefits package. The Department will continue to review the operation of the scheme with a view to identifying the scope for further improvements as resources permit.

Social Welfare Benefits.

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will restore the heretofore entitlement of the members of part-time fire services to a social welfare payment thereby providing a vital service to the State at low cost; and if she will make a statement on the matter. [9465/09]

There has been no change in the treatment of firefighters for jobseeker's payments. Social Welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to jobseeker's benefit or allowance. Any person who fails to satisfy these conditions on an on-going basis is not entitled to a jobseeker's payment.

Part-time fire-fighters are entitled to a jobseeker's payment in respect of days that they are engaged in fire-fighting or training. They are, however, required to satisfy the statutory conditions for the receipt of a jobseeker's payment i.e. they must continue to be available for and genuinely seeking work and, in this respect, Deciding Officers do not treat them differently to any other jobseeker's benefit or allowance claimant.

In applying the legislation, Deciding Officers have regard to the availability of job vacancies in the locality, the age and educational qualifications together with the family circumstances of the particular claimant. Regard is also had to the extent to which a claimant has sought to take advantage of existing labour market opportunities in their locality.

The legislation does not impose any restriction or limitation on the right of a person to the opportunity to engage in the employment of his or her choice. Where a person is seeking work in his or her usual employment and there is a reasonable prospect of securing work of that nature she or he would normally satisfy the conditions for receipt of payment.

After a period of unemployment, a person must be prepared to accept any employment for which she or he is qualified. It is a principle of the availability for work condition that a person's unemployment must be involuntary and it is not possible for an unemployed person to hold herself or himself available exclusively for employment that is within a restricted distance from a fire station where she or he is employed as a part-time fireperson. Such action would be taken as placing an unreasonable restriction on his/her availability to secure full-time employment.

While the importance of retained fire brigade personnel is fully recognised, the introduction of special arrangements exempting them from the requirements to fulfil any of the statutory conditions for entitlement to jobseeker's benefit or allowance would raise equity issues vis-à-vis other claimants to jobseeker's payments and there are no current plans to make any changes to this legislation.

Social Welfare Code.

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will restore previously established entitlements to means tested social welfare payments on the basis of a means test for self employed persons who have become employed; and if she will make a statement on the matter. [9466/09]

There has been no change to the provisions relating to the entitlement of self-employed persons to a jobseeker's allowance. Self-employed people may apply for the means-tested jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services.

Legislation provides for the assessment of all income in cash and any non-cash benefits which the person or his or her spouse may reasonably expect to receive during the succeeding year. The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary.

Their means would be taken as any net profit that they will earn in the coming 12 months. While their income from the previous twelve months is used as an indication in estimating their likely future earnings, it is not simply assumed that the previous year's earnings will be received in the coming year. Instead, account is taken of the potential for significant upward or downward variations in income from one year to the next.

For example, if a self-employed person lost a contract and was unlikely to find a substitute contract in the coming year, this would be factored into the assessment of future income. It is recognised that the present downturn in the economy is having a significant impact on many self-employed persons and the consequent reduction in their income and activity levels would be reflected in any assessment of their means from self-employment for jobseeker's allowance purposes.

If a self-employed person's situation changes after they have made an initial claim for jobseeker's Allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals office.

Social Welfare Benefits.

Bernard J. Durkan

Question:

178 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the maximum amount of rent support offered for a five person house in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9468/09]

Rent supplement is administered on behalf of the department by the community welfare service of the Health Service Executive as part of the supplementary welfare allowance scheme.

The maximum rent supplement for a couple with three children in Co. Kildare is €1,200 per month. The Executive has advised that the person concerned is in receipt of rent supplement of €721.59 per month since 5 January 2009.

The household was assessed with income from maternity and jobseeker's benefit, both of which are assessable as means for rent supplement purposes. The means assessment was explained to the person concerned by the community welfare officer on 2 March last.

Bernard J. Durkan

Question:

179 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the correct family income supplement, unemployment assistance and unemployment benefit payable to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [9471/09]

The couple concerned are in receipt of a combined income (from employment, family income supplement and supplementary welfare allowance) of €365.90 per week, at this time. This is the maximum rate payable in respect of a couple with one qualified child.

One of the couple had applied for jobseeker's allowance on 4 February 2009 and an interview with a social welfare inspector took place on 25 February 2009. On receipt of all the information and documentation requested, a decision will be made on his claim and he will be notified of the outcome as soon as possible.

Bernard J. Durkan

Question:

180 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the reason her Department allowed over payment to occur in the case of a person (details supplied) in County Kildare in view of the fact that they were given the information and requirement proposals from her Department; and if she will make a statement on the matter. [9473/09]

The person concerned was paid Family Income Supplement (FIS) from 22 April 2004 to 28 January 2009. Payment should have stopped when she ceased employment on 29 August 2008, however, she failed to notify the family income supplement section of the change in her circumstances.

She applied for, and was awarded, One Parent Family Payment (OPFP) with effect from 12 June 2008. During a review of her claim, in January 09, it came to light that she was still in receipt of FIS, not withstanding the fact that she had provided a P45 to the local office in September 2008. Her FIS payment was duly stopped and an overpayment assessed at €3006.00 as she was not entitled to receive this payment when she ceased to be employed.

The person concerned has been informed of the accrual of the overpayment, and of her right to appeal the overpayment assessed against her. It is open to her to submit an appeal to the Social Welfare Appeals Office, D'Olier House, and while she has not done so, this question is being treated as an appeal.

Defence Forces Recruitment.

Ciaran Lynch

Question:

181 Deputy Ciarán Lynch asked the Minister for Defence the establishment and the appointments filled in the Reserve Defence Force; the number of each rank to have attended annual training in 2008; the number who were paid the gratuity and the number who were not paid having attended the camp; and if he will make a statement on the matter. [9322/09]

The following tables indicate the establishment against the strength by ranks in the Reserve Defence Force as of 31 Jan 09.

Non-integrated (Army Reserve)

Establishment Non-integrated Army Reserve

Lt Col

Comdt

Capt

Lt

2/Lt

Total Offr

SM

BQ

CS

CQ

Sgt

Cpl

Total NCOs

Pte

Grand Total

3

130

274

277

0

684

18

18

106

133

838

1,723

2,836

5,772

9,292

Total RD Strength (31 Jan 09)

4

101

225

231

59

620

17

18

100

92

756

1,065

2,048

4,616

7,284

Non-integrated (Naval Service Reserve)

Lt Col

Comdt

Capt

Lt

2/Lt

Total Offr

SM

BQ

CS

CQ

Sgt

Cpl

Total NCOs

Pte

Grand Total

0

4

16

0

0

20

0

4

12

0

24

48

88

292

400

Total RD Strength (31 Jan 09)

3

15

4

2

24

3

11

20

34

68

199

291

The following table shows the number of times each rank attended annual training during 2008, under each category of training provided.

Rank

Training Category

Training

Course

RDFRA

Security

Misc

Sgt Major

16

3

4

B.Q.M.S

19

2

3

Coy. Sgt.

92

10

9

3

1

C.Q.M.S

89

10

8

3

Sergeant

531

44

43

10

6

Corporal

641

55

32

10

5

Private 3 Star

1,133

72

32

8

1

Private 2 Star

725

28

17

8

3

Private Grade 1

1,005

12

1

Comdt. Engineer

1

Capt. Engineer

1

Lieutenant Eng Max

1

Comdt. Medical

1

Lieutenant Commander

4

Lieutenant

8

1

8

Sub Lt. N.S

9

1

9

Ensign

1

Sen. Chief Petty Officer

3

Chief Petty Officer

10

1

4

Senior Petty Officer

1

1

Petty Officer

10

2

7

Leading Seaman

22

3

12

1

Able Bodied Seaman

32

2

17

Ordinary Seaman

30

1

27

1

Recruit

35

1

9

Lt (Med Min)

1

Lt Col

5

2

1

Commandant

101

7

6

1

Captain

145

13

10

13

Lieutenant

217

27

13

16

2

2nd Lieutenant

66

11

5

12

The military authorities have advised me that 2,371 reservists were paid a gratuity in 2008. The terms and conditions for receipt of gratuities changed for 2008. In addition to the phased increase in gratuities linked to specified training levels with a minimum aggregate of seven days paid training and the completion of specified voluntary training, there is a requirement for members to have a minimum of one year's service prior to being eligible for receipt of a gratuity.

The improved rates and the conditions for award of gratuities were sanctioned by the Department of Finance. The Reserve Defence Force Representative Association was consulted by my Department when the gratuity structure was being revised and the changes had their broad agreement and support.

Social and Affordable Housing.

Brian O'Shea

Question:

182 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to pass on reductions in interest rates to persons who are purchasing houses under the affordable housing scheme; and if he will make a statement on the matter. [9305/09]

In general, following consideration by its Board, the rates charged to local authority borrowers are normally adjusted by the Housing Finance Agency (HFA) in line with movements in European Central Bank (ECB) rates. The Agency notified local authorities in February of its decision to pass on, in full, the 0.5% decrease announced by the ECB in January. The effective rate for local authority borrowers from 1 March 2009 is 3% — a cumulative rate decrease since October 2008 of 2.25%, reflecting, in full, all rate reductions announced by the ECB in the period October 2008 to date.

Ciaran Lynch

Question:

183 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the progress made on issues of governance for the voluntary and co-operative housing sector as committed to in the housing policy statement Delivering Homes Sustaining Communities; if he will provide a clear framework for the sector in the development and management of social housing; and if he will make a statement on the matter. [9323/09]

In line with the commitments set out in the Government's housing policy statement, Delivering Homes, Sustaining Communities, my Department is currently undertaking, with the assistance of outside consultants, a strategic review of the role of the voluntary and co-operative housing sector in the provision, maintenance, operation and management of social rented accommodation in Ireland. The outcome of the review, which I expect to finalise by mid-2009, will inform policy with regard to, inter alia, future funding arrangements, housing provision and management, governance and corporate responsibility.

Departmental Expenditure.

Denis Naughten

Question:

184 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 242 of 28 January 2009, when his Department will furnish the cost of reports and that of agencies under its control; and if he will make a statement on the matter. [9356/09]

A full reply to question No. 242 of 28 January 2009 issued on 3 March 2009.

Tax Code.

Michael Creed

Question:

185 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if, in view of the difficulties being faced by the motor industry he will review legislation whereby second hand imports which are being registered here for the first time can avail of new lower motor tax rates; and if he will make a statement on the matter. [9365/09]

Second hand car imports are liable to motor tax on the same basis as cars first registered in Ireland, as follows: A private car first registered abroad or in the State prior to 1 January 2008 is taxed on the basis of engine size (c.c.); a private car first registered abroad between 1 January 2008 and 30 June 2008 inclusive, and subsequently registered in Ireland, will be taxed on whichever is the lesser of the motor tax rates based on engine size (c.c.) or CO2 emissions; a private car first registered abroad after 1 July 2008 and subsequently registered in Ireland will be taxed on CO2 emissions. I have no plans to change this position. The rules in relation to the application of Vehicle Registration Tax, which apply to the registration of second hand imports, are a matter for the Minister for Finance.

Housing Aid for the Elderly.

Frank Feighan

Question:

186 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if, in respect of a person (details supplied) in County Roscommon, his Department will ensure an application for installation of a shower in their home is dealt with due to the fact that they are elderly and in poor health. [9421/09]

The administration of the Housing Adaptation Grant Schemes for Older People and People with a Disability, including the processing and approval of individual applications, is a matter for the local authority concerned and is one in which my Department has no direct function.

Telecommunications Services.

Dinny McGinley

Question:

187 Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband in the Rossnowlagh area, County Donegal; and if he will make a statement on the matter. [9345/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 will be required to provide services to all residences and businesses that are within the NBS area and who seek a service.

3 is currently planning the construction and rollout of the infrastructure required for the provision of the service. Challenging roll out targets have been agreed with 3. Services will begin to be rolled out in April 2009 and the entire NBS area must be covered by September 2010. Details of the areas to be covered by 3 under the NBS are available at www.three.ie/nbs. The Rossnowlagh area of County Donegal will be covered by the NBS.

Departmental Schemes.

Liz McManus

Question:

188 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that a number of smaller insulation companies have been excluded from participating in the insulation scheme because they are unable to carry the level of insurance cover being demanded by Sustainable Energy Ireland and that companies have been asked, for instance, to have cover for subcontractors even when work is never subcontracted or to have cover for oxyacetylene equipment, even when it is never used; if he will ask SEI to review its demands in regard to insurance cover in view of the fact that, otherwise, many small, but reputable companies may be excluded from work under the scheme; and if he will make a statement on the matter. [9397/09]

The Home Energy Saving Scheme, which I launched last month, is being administered by Sustainable Energy Ireland (SEI). The insurance requirements for contractors wishing to carry out works grant-aided under the scheme are designed to protect homeowners.

I am advised that the insurance requirements for the scheme have been developed by SEI with advice from experienced insurance professionals and in consultation with a range of market actors, including architectural and construction bodies. The employers' liability sets an indemnity level of €13 million, which is the minimum level available in the market. The public/product liability indemnity level is set at €6.5 million, which is the same level as is required of electricians to register with the Register of Electrical Contractors in Ireland (RECI). SEI advises that these insurance levels are reasonable and in line with typical cover in the sector.

In order to avail of the benefits of participating in the scheme, contractors with insufficient levels of insurance have the option of upgrading their cover, usually for relatively modest premium increases. A number of contractors applying to register with the scheme have already done so. To date, no contractors have been excluded and those that have not met the insurance requirements have been contacted and offered the opportunity to resubmit their applications.

Liz McManus

Question:

189 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the number of companies refused registration by Sustainable Energy Ireland for participation in the insulation scheme; the breakdown of the grounds on which they were refused; and if he will make a statement on the matter. [9398/09]

The Home Energy Saving Scheme, which I launched last month, is being administered by Sustainable Energy Ireland (SEI). I am advised that SEI has set a number of conditions which contractors must meet in order to operate under the scheme. These include: compliance with specific scheme terms and conditions; commitment to implementing works (insulation and heating upgrades) in accordance with prescribed specifications and standards; demonstration of tax compliance (current Tax Clearance Cert); commitment to use a written contract for all jobs ; and specified levels of Employers and Public / Products Liability Insurance. These conditions will help ensure the highest standards of work for all participating homeowners, building market confidence in the process. Contractors are required to submit a signed declaration, together with supporting documentation. Where data is incomplete or documents missing, contractors are contacted and asked to supply the additional information.

To date, SEI is in contact with approximately 540 contractors in relation to the issues set out in the following table.

Return reason

Percentage of total returns

Registration form not fully completed

12%

Valid tax clearance certificate not enclosed

11%

Certificate of Insurance form not completed correctly

27%

Applying for registration to cavity wall installation but not listed on NSAI Agreement Registered Cavity Wall Insulation Installer Index list

25%

Applying for registration to heating/boiler installation but not listed on Registered Gas Installer (RGI) list

23%

Other

2%

I am advised by SEI that already close to half of those contacted have resubmitted their applications with the additional requested elements.

Grant Payments.

John O'Mahony

Question:

190 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive a payment under REP scheme four; and if he will make a statement on the matter. [9308/09]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The first payments for 2008 REPS 4 applications issued in the last week of January to those whose applications required no correction following the administrative checks. Further payments continue to be made as applications are cleared. Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Paul Connaughton

Question:

191 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a forestry grant for 2008 will be awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [9320/09]

Afforestation Grant Aid Approval issued to the person in question on 3rd March 2009.

Michael Ring

Question:

192 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted REP scheme four in view of the fact that they were told that everything was in order and the delay is causing them immense hardship. [9335/09]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The first payments for 2008 REPS 4 applications issued in the last week of January to those whose applications required no correction following the administrative checks. Further payments continue to be made as applications are cleared. Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Installation Aid Scheme.

Sean Sherlock

Question:

193 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if the installation aid scheme is co-funded by the EU; if so, if the EU Commission has the right to override decisions made by him in relation to the scheme; and if he will make a statement on the matter. [9346/09]

The funding provided under Ireland's Rural Development Programme for the period 2007-2013, including the Young Farmers' Installation Scheme, is substantially higher than that required to draw down all of the available EU co-funding. For this reason, there will be sufficient eligible expenditure during the period to maximize Ireland's draw down of co-funding notwithstanding the suspension of the above Scheme for new applications.

I have made provision of €9.7m for 2009 to meet current commitments under the Young Farmers' Installation Scheme and the preceding equivalent schemes.

Grant Payments.

Dan Neville

Question:

194 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food if he will make a statement on the case of a person (details supplied) in County Limerick. [9361/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. Payment of the initial 40% to farmers approved for payment will begin this week and will continue as claims are approved over the next few months. I have also announced that a special ex-gratia payment not exceeding 3.5% of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

Michael D. Higgins

Question:

195 Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food his views on the case in respect of a person (details supplied) in County Galway; his advice in this matter; the action that can be taken in order to solve the issue; the steps that will be taken in view of this; if payment will be made as had been agreed, as a matter of priority; and if he will make a statement on the matter. [9389/09]

A REPS 4 payment will issue to the second person named within 10 days.

Michael D. Higgins

Question:

196 Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food the position regarding the payment of outstanding farm waste management grants; if it remains the case that he proposes to stagger payment of same over the next number of years; if he has been contacted by farmers who have outlined the financial danger in which they will be placed if this is the case; if it is planned to reverse the decision; and if he will make a statement on the matter. [9390/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. Payment of the initial 40% to farmers approved for payment will begin this week and will continue as claims are approved over the next few months. I have also announced that a special ex-gratia payment not exceeding 3.5% of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment. I have no plans to alter these arrangements.

Paul Kehoe

Question:

197 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of the application under the farm waste management scheme for a person (details supplied); when payment will be made; and if he will make a statement on the matter. [9419/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. Payment of the initial 40% to farmers approved for payment will begin this week and will continue as claims are approved over the next few months. I have also announced that a special ex-gratia payment not exceeding 3.5% of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

Schools Refurbishment.

Eamon Scanlon

Question:

198 Deputy Eamon Scanlon asked the Minister for Education and Science the reason a grant for a school (details supplied) in County Sligo was withdrawn after the architect was employed, the job given to a contractor and money expended on the project; and if he will make a statement on the matter. [9359/09]

I presume that the Deputy is referring to a project at the school in question for the removal and disposal of a prefabricated unit containing asbestos and its replacement with a new unit. As an application form had not been received from the school, my Department recently contacted the school management in the matter. When the application is received, it will be addressed as a matter of urgency and the school informed of the position without delay.

Schools Building Projects.

Brendan Howlin

Question:

199 Deputy Brendan Howlin asked the Minister for Education and Science the status of the new school building for a school (details supplied) in County Wexford; and if he will make a statement on the matter. [9302/09]

The school to which the Deputy refers has applied to my Department for large scale capital funding for a building project. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

School Staffing.

Brian Hayes

Question:

200 Deputy Brian Hayes asked the Minister for Education and Science the position regarding the appeal by a school (details supplied) in County Kildare, in connection with the change in the staffing schedule from September 2009, and the impact it has on the school; and if he will make a statement on the matter. [9304/09]

The staffing schedule for the 2009/2010 school year, Primary Circular 0002/2009, has been published on my Department's website at www.education.ie and my officials have written to all schools to notify them in this regard. The number of mainstream class teachers appropriate to a school for 2009/10 school year is determined by reference to the school's valid enrolment on 30 September, 2008. The schedule is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand.

The staffing schedule also makes provision for schools that are projecting significantly increased enrolments for September 2009 through the allocation of what are known as "developing posts". These classroom teaching posts are allocated to schools based on projected enrolments for September 2009 rather than on past enrolments for September 2008 which is the case for most schools. This allocation process for developing posts takes places during the Spring and Summer period when schools apply to the Department based on their projected enrolments for September 2009. The developing posts are allocated on a provisional basis initially and are confirmed following receipt from the school of actual enrolments in September 2009.

I understand that the school referred to by the Deputy has applied for the appointment of a mainstream teacher on developing grounds for the coming school year and that provisional sanction will issue to the school on that basis.

Schools Buildings Projects.

Finian McGrath

Question:

201 Deputy Finian McGrath asked the Minister for Education and Science the position in relation to a school (details supplied) in Dublin 5. [9315/09]

As the Deputy is aware, on 29 September 2008 I announced that the project in question could proceed. Since February 2008, all Capital Works Projects must use the new GCCC Forms of Construction Contracts for Public Works and, as a result, the school was informed that the tender documents for this project would have to be revised prior to proceeding to the invitation of tender. The revised tender documents have recently been received in my Department and, once it is established that they are in order, the school will be authorised to progress to the invitation of tender.

School Accommodation.

Noel Coonan

Question:

202 Deputy Noel J. Coonan asked the Minister for Education and Science the situation in relation to the provision of a new classroom at a school (details supplied) in County Tipperary; when the project will move to the next stage; and if he will make a statement on the matter. [9329/09]

I wish to inform the Deputy that my Department has received an application for additional school accommodation from the school authority to which he refers. This application is currently under consideration and the school authorities will be notified of the outcome in due course.

School Transport.

Joe McHugh

Question:

203 Deputy Joe McHugh asked the Minister for Education and Science his plans for catchment boundary pupils in Kilmacrennan, Termon, and Ballykeeran areas of County Donegal who attend a school (details supplied); and if he will make a statement on the matter. [9333/09]

Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre.

The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside, may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area. In general, catchment boundary tickets are issued on a first come, first served basis. Parents/guardians of children wishing to avail of catchment boundary transport, should liaise with their local Bus Éireann office regarding the availability of seats.

My Department has also commenced a Value for Money Review of the School Transport Scheme, including catchment boundaries, which is in line with the commitment in the Programme for Government. This review will be carried out as part of the 2009-2011 round of Value for Money Reviews recently approved by Government and, when completed, will be published and submitted to the Oireachtas Select Committee on Education and Science.

Schools Buildings Projects.

Charles Flanagan

Question:

204 Deputy Charles Flanagan asked the Minister for Education and Science the position regarding the proposed extension to a school (details supplied) in County Laois in view of the recent announcement in respect of schools proceeding to tender and construction; if it is envisaged that further announcements will be made in 2009; and if he will make a statement on the matter. [9360/09]

The building project for the school to which the Deputy refers is at an advanced stage of architectural planning.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time. As part of my announcement on 12th February I signalled my intention to announce, later in 2009, further projects to begin architectural planning.

School Transport.

Bobby Aylward

Question:

205 Deputy Bobby Aylward asked the Minister for Education and Science if he will review the method of payment for school transport to its original form whereby parents can pay each quarter rather than the new system where they are being asked to pay 50% by 31 July 2009 or payment in full. [9367/09]

Bobby Aylward

Question:

206 Deputy Bobby Aylward asked the Minister for Education and Science the reason for the increase in school transport fees for the school year commencing September 2009; and his views on reducing the increase in view of the burden it places on families in the current economic climate. [9376/09]

I propose to take Questions Nos. 205 and 206 together.

The costs in school transport, a service delivered by Bus Eireann on behalf of my Department, have been increasing arising from a range of issues such as: in ensuring a comfortable and safe transport service for over 135,000 children daily travelling to and from school, measures to ensure the highest standards including the phasing out of the 3 for 2 seating arrangement on both primary and post-primary services, providing all children with an adult seat each; the addition of a considerable number of vehicles to address capacity shortfalls arising from the decision to provide each child with an individual seat and the equipping of all dedicated school buses with safety belts; increased demands to meet the needs of special needs children; and parental choice.

The introduction of the annual charge which replaces the term payment system will enable Bus Éireann, which operates the School Transport Scheme on behalf of my Department, to streamline the current payments system and the allocation of tickets. It will also ensure that route planning and seating arrangements are managed in a more efficient and cost effective manner. The overall spend in 2009 is now estimated to be €194m — a reduction of €2m in the revised allocations as a result of efficiencies.

In order to minimise the overall impact of these charges on families the increases will apply to the 55,000 eligible post primary pupils and children availing of concessionary transport. Primary school transport remains free of charge for over 54,500 children. Parents will be offered the option to spread the amount due over two payments payable in July and December. A maximum family payment of €650 will apply. Charges continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card. Taking into account all the factors outlined, it is not envisaged that there will be a reduction in the annual charge system, the estimated expenditure or the level of charges. My Department has also commenced a Value for Money Review of the School Transport Scheme which is to be completed before the end of the year.

Grant Payments.

Mary Upton

Question:

207 Deputy Mary Upton asked the Minister for Education and Science the funding given to fee paying private schools in 2005, 2006, 2007 and 2008; his views on the impact of funding and fees being available to the schools; if he has plans to review his Department’s funding for these schools; and if he will make a statement on the matter. [9395/09]

The funding information sought by the Deputy is set out in the following table. There are currently 56 fee-charging second level schools in the country, of which 21 are Protestant, two inter-denominational, one Jewish and the remaining 32 Catholic. Fee-charging schools, with the exception of the Protestant and Jewish fee-charging schools for which special arrangements apply, do not receive capitation or related supports.

Protestant fee-charging schools receive, and will continue to receive, the Protestant Block grant, which amounts to €6.5 million in the current school year. This payment covers capitation, tuition and boarding grants. The grant is distributed by the Secondary Education Committee among disadvantaged Protestant children. Applications are made by parents to the Central Protestant Churches Authority which, on the basis of a means test, distributes the funds to individual schools on the basis of pupil needs. A similar arrangement exists for the Jewish school and will continue also.

The arrangements for minority schools reflect the importance the Government attaches to ensuring that students can attend schools that reflect their denominational ethos. In retaining this grant, the Government is being faithful to the separate arrangements that were agreed with the Protestant schools when the free scheme was introduced by Donogh O' Malley; at the time, it was the payment of a block grant in particular for Protestant fee-charging schools that distinguished them from the Catholic schools that also chose to continue to charge fees.

Prior to Budget 2009, in addition to the block grant, Protestant fee-charging schools were paid a range of support services grants that the Catholic fee-charging schools did not receive. It is estimated that savings of €2.8 million will accrue as a result of the withdrawal of these grants from the Protestant fee-charging schools in 2009. Teachers in all fee-charging schools are paid by the State; this arrangement pre-dated the introduction of free education arrangements. In the absence of fee-paying schools and the enrolment of all pupils in the non-fee paying sector, there would be subsequent additional costs and teachers would still have to be paid.

In Budget 2009 the Government has, however, decided to make changes to how fee-charging schools should be treated in relation to the number of publicly funded teaching posts they are allocated. Teachers in fee-charging schools are now allocated at a pupil teacher ratio of 20 to one, which is a point higher than allocations in non fee-charging post-primary schools. Fee-charging schools can continue to employ additional teachers that they fund from their fee income.

With regard to capital expenditure, school building projects, whether for fee-charging schools or schools in the free education scheme, are selected for inclusion in the Schools' Building and Modernisation Programme on the basis of priority of need using published criteria.

Considerations of State support for minority religions has been an important factor in the provision of funding for such schools, given that much of the fee-paying sector has traditionally been made up of Protestant schools and those with a minority religious ethos. Minority fee-charging schools qualify for capital grant aid on the same basis as secondary schools in the Free Education scheme; schools make a contribution of 5% of the cost of a new building, with a cap on the local contribution of €63,000, and 10% for an extension or refurbishment, with a cap on their contribution of €31,500. No changes have been made to this arrangement. Catholic schools receive capital funding at the rate of 50% of the total cost, subject to the individual circumstances of each case.

Funding to Fee Paying Schools

Funding

Year

Catholic

Protestant & Jewish

Teachers Salaries

2004/05

56,945,701

32,666,938

2005/06

55,080,027

30,906,688

2006/07

56,143,031

34,504,939

2007/08

61,964,169

39,358,959

Grant Payments

2005

0

7,130,307

2006

0

7,905,817

2007

0

8,856,191

2008

0

9,410,392

Building Expenditure

2005

849,858

352,082

2006

2,691,338

3,201,962

2007

1,004,704

1,929,475

2008

642,221

1,528,254

Supervision Payments

2005/06

642,144

958,010

2006/07

696,229

1,061,180

2007/08

740,315

1,152,351

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