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Dáil Éireann debate -
Wednesday, 11 Mar 2009

Vol. 677 No. 4

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 7, inclusive, answered orally.
Questions Nos. 8 to 32, inclusive, resubmitted.
Question No. 33 answered orally.
Question No. 34 lapsed.
Questions Nos. 35 to 42, inclusive, answered orally.

Greenhouse Gas Emissions.

Ciaran Lynch

Question:

43 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the steps he has taken to deliver the programme for Government commitment to establish a commission on climate change; and if he will make a statement on the matter. [10153/09]

Since the publication of the National Climate Change Strategy 2007 — 2012, work has continued across Government Departments on the development of measures to reduce national greenhouse gas emissions. Progress in implementing such measures, and the coordination of work across Government with respect to the climate change agenda is overseen by the Cabinet Committee on Climate Change and Energy Security. That Committee has established two inter-departmental groups to support its work. The Senior Officials Group is tasked with addressing the challenges posed to Ireland in achieving its greenhouse gas emission targets and informing and implementing policy in this regard, while the Technical Analysis Steering Group, which includes representatives from relevant agencies, provides the modelling expertise which underpins the analysis. Subgroups of these Groups have been established on an ad-hoc basis to consider specific issues and to report to the two main Groups. An informal Expert Advisory Panel has also been established by the Cabinet Committee to assist in the analysis of possible policy measures.

In addition, the Joint Committee on Climate Change and Energy Security is also important in developing cross-party consensus both on targets and on the measures required to achieve them.

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

Departmental Expenditure.

Pádraic McCormack

Question:

44 Deputy Pádraic McCormack asked the Minister for the Environment, Heritage and Local Government the proposed savings that were made by him since his appointment as Minister; the value of these proposed savings; the amount of these savings that have been achieved to date; and if he will make a statement on the matter. [10250/09]

Willie Penrose

Question:

67 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the way, in respect of the announcement of 3 February 2009, it is intended to achieve administrative reductions in regard to his Department; the amount expected to be saved in his Department’s budget as a result of this process; if there will be a cut in services provided by or funded through his Department; and if he will make a statement on the matter. [10155/09]

I propose to take Questions Nos. 44 and 67 together.

The public expenditure provision for my Department amounted to €3,198m in 2008 as between capital and current provisions. In Budget 2009 the published expenditure provision for 2009 was €3,114m representing a reduction of 3% in overall expenditure by my Department. The reduction in overall expenditure has been brought about by a combination of efficiency savings and limited reductions applied to some spending provisions for 2009 in light of the present budgetary position.

In regard to the operation of my Department, we are achieving savings and efficiencies in relation to payroll, energy efficiency in Departmental offices and in travel and subsistence costs.

With regard to the programmes implemented by my Department, we are at all times seeking to maximize the outputs achieved from all financial resources. Measures include better prioritisation, streamlining procedures and a firm objective of achieving value for money.

As announced recently, the Government has indicated in light of the further deterioration in the public finances that public expenditure provisions and revenue increasing measures will be reviewed in the coming weeks with a view to the introduction of a Supplementary Budget early next month. This is necessary to adhere to the planned Budgetary strategy for the current year. Revised estimates will then be published which will show the full extent of the savings to be achieved by my Department.

As Minister, I have at all times maintained a critical focus on the need for efficiency and effectiveness in the disbursement of all funding under my control. This focus on value for money extends to the local government sector where local councils must also seek and implement optimum efficiencies in the implementation of local programmes.

Question No. 45 answered with Question No. 38.

Local Government Fund.

Joanna Tuffy

Question:

46 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if he will confirm that section 4 of the Local Government Act 1998 has been repealed and that in future the Government contribution to the local government fund will no longer be index linked and will be at his discretion by agreement with the Minister for Finance; and if he will make a statement on the matter. [10161/09]

Section 4 of the Local Government Act 1998 required that the Exchequer contribution to the Fund was to be increased annually in line with inflation as measured by the Consumer Price Index. Section 17 of the Financial Emergency Measures in the Public Interest Act 2009 amends this provision and provides that the annual exchequer contribution to be paid into the Local Government Fund is to be agreed between the Minister for the Environment, Heritage and Local Government and the Minister for Finance as part of the Estimates and Budgetary process.

The Financial Emergency Measures in the Public Interest Act 2009 provides that the new pension-related deduction applies to local authority staff along with other public servants. Local authorities will retain the full proceeds of the new pension-related deduction and the Exchequer contribution to the Fund is being reduced to take account of the deduction. This will have a neutral impact on local authority finances.

The Government also decided to broaden the revenue base of local authorities by introducing a charge on all non-principal private residences. The new charge will be set at €200 per dwelling, and will come into effect in 2009. It will be payable by the owners of private rented accommodation, holiday homes and other non-principal residences but will not be applied to new dwellings as yet unsold. The charge will be levied and collected by local authorities, and will be used to support the provision of local services. Legislation will be brought forward to give effect to the charge shortly.

The Commission on Taxation will be reporting on Local Government funding later this year and this will inform the Government's long term approach to Local Government financing.

Register of Electors.

Martin Ferris

Question:

47 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government his views on the survey by a group (details supplied) showing that more than 25% of young people are not registered to vote. [10129/09]

Martin Ferris

Question:

51 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government if he will make a statement on reports of many people being left off the recent electoral register. [10130/09]

I propose to take Questions Nos. 47 and 51 together.

In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the co-operation of the public, the accuracy and comprehensiveness of the Register.

In working to compile the Register for 2007/08, local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant improvement in the accuracy and comprehensiveness of the Register compared to previous years. The task for local authorities, in relation to the Register for 2009/10, was to maintain and build on the progress made to date.

Local authorities were required to publish the Draft Register for 2009/10 on 1 November 2008 and people had until 25 November to check it to ensure that their details are accurately entered on the Register. My Department ran an advertising campaign to encourage people to check that they are on the Draft Register and to notify their city or county council of any errors or omissions no later than 25 November.

Authorities were required to publish the Final Register for 2009/10 by 1 February 2009 and this is now available for checking. Individuals not on the Register can avail of the supplement to the Register up until 15 days before the next polling day (i.e. applications must be with the authority not later than Monday 18 May in the case of the Local and European elections being held on 5 June 2009).

Looking to the future, the Programme for Government contains a commitment to establish an independent Electoral Commission. The Commission's responsibilities will include taking charge of the compilation of a new national rolling electoral register. My Department appointed consultants to carry out preliminary research on issues arising in relation to establishment of the Electoral Commission. I published the relevant report for consultation on 10 February 2009.

Grant Payments.

Mary Upton

Question:

48 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the allocation, including top up, under the aid to the elderly scheme and the disabled person’s grant scheme in 2008; the amount that will be allocated to each local authority in 2009 under these schemes; and if he will make a statement on the matter. [10159/09]

Pat Rabbitte

Question:

52 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the amount, including additional payments, paid to each local authority in 2008 under the home adaptation scheme; the amount that has been allocated to each local authority in 2009; the amount that has actually been paid out; and if he will make a statement on the matter. [10167/09]

I propose to take Questions Nos. 48 and 52 together.

The Housing Adaptation Grant Schemes for Older People and People with a Disability are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. In the case of the old Disabled Persons and Essential Repairs Grant Schemes, these were funded by 67% recoupment available from my Department together with a 33% contribution from the resources of the local authority.

In May 2008, my Department made an initial combined (Exchequer and local authority) allocation of €71.4 million for the operation of the grant schemes. In addition, to take account of significantly increased levels of activity under the grant schemes experienced by local authorities, supplementary Exchequer allocations totalling €15 million were made in September, October and December 2008. Therefore, taking account also of the local authority contribution associated with the €15m in supplementary Exchequer allocations, total expenditure in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability and the Disabled Persons and Essential Repairs Grant Schemes, in 2008, amounted to €94.9 million, representing an increase of almost €24 million over the corresponding expenditure in 2007.

This level of funding supported the carrying out of adaptation and improvement works to over 12,000 vulnerable households in 2008, an increase of some 2,500 over those assisted in 2007. I am including in the Official Report the following tabular statement setting out the total amounts recouped by my Department to each local authority in respect of each grant scheme in 2008.

As regards funding for 2009, my Department has been in regular contact with all local authorities on a range of relevant issues including the levels of activity experienced under the schemes in 2008, the levels of claims on hand, the degree to which prioritisation of applications has taken place and the anticipated levels of activity in 2009.

In view of the anticipated high levels of demand under the schemes once again this year, I am conscious of the need for local authorities to be able to deploy available resources as early as possible in order to maximise their impact for households availing of the schemes. Therefore, local authorities will be notified of their capital allocations in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability, immediately following the publication of the Revised Estimates for Public Services 2009.

As in previous years, it will be a matter for each local authority to decide on the specific level of funding to be directed towards each of the schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within this allocation.

Local Authority

Total Recoupment by D/EHLG 2008

Disabled Persons Grant 2008 Recoupment

Essential Repairs Grant 2008 Recoupment

Housing Grant Disability 2008 Recoupment

Mobility Aids Grant 2008 Recoupment

Housing Aid Older People 2008 Recoupment

Carlow County Council

1,534,923

709,232

457,124

39,183

24,778

304,606

Cavan County Council

1,568,060

652,764

560,652

273,096

3,148

78,400

Clare County Council

2,100,790

1,272,775

200,838

273,467

37,181

316,529

Cork County Council

5,784,957

2,266,686

1,569,199

734,769

169,903

1,044,400

Donegal County Council

3,112,498

1,328,573

1,103,520

144,482

58,967

476,956

Dún Laoghaire/R.down Co. Council

1,692,890

939,414

49,001

535,130

24,166

145,179

Fingal County Council

1,331,236

558,256

27,607

396,191

37,377

311,805

Galway County Council

1,671,884

989,265

682,619

Kerry County Council

2,320,709

1,483,790

668,385

19,049

37,508

111,977

Kildare County Council

1,822,582

1,124,593

630,752

60,277

6,960

Kilkenny County Council

596,350

366,036

22,511

48,000

2,384

157,419

Laois County Council

1,829,228

961,983

468,514

249,058

35,112

114,561

Leitrim County Council

1,310,551

622,566

422,683

75,989

17,992

171,321

Limerick County Council

1,190,035

684,506

145,070

152,654

100,765

107,040

Longford County Council

966,847

493,183

155,842

41,962

61,317

214,543

Louth County Council

2,030,581

1,710,971

149,356

35,745

10,344

124,165

Mayo County Council

2,011,125

778,493

658,825

62,843

180,996

329,968

Meath County Council

3,283,476

2,321,715

961,761

Monaghan County Council

1,470,218

782,757

233,272

314,097

21,269

118,823

North Tipperary County Council

1,432,124

1,042,378

190,933

47,690

80,613

70,510

Offaly County Council

993,344

964,743

28,601

Roscommon County Council

1,579,457

846,869

666,669

5,474

11,959

48,486

Sligo County Council

493,490

192,701

73,934

91,022

21,650

114,183

South Dublin County Council

2,975,713

1,985,864

602,595

212,269

26,806

148,179

South Tipperary County Council

1,358,885

705,142

100,098

373,018

155,686

24,941

Waterford County Council

1,690,822

210,227

129,076

855,040

27,428

469,051

Westmeath County Council

1,361,958

708,823

195,549

277,899

10,689

168,998

Wexford County Council

1,656,321

687,782

333,199

374,487

100,008

160,845

Wicklow County Council

1,416,332

935,036

164,523

164,021

68,437

84,315

Cork City Council

1,546,070

906,648

394,410

24,361

220,651

Dublin City Council

9,227,259

7,254,533

611,911

946,410

31,904

382,501

Galway City Council

922,136

573,055

93,845

227,433

27,803

Limerick City Council

791,513

442,075

263,809

21,069

64,560

Waterford City Council

481,126

237,160

6,353

237,613

Sligo Borough Council

300,894

138,772

14,262

47,240

4,232

96,388

Total

65,856,384

37,879,366

12,379,079

7,736,214

1,442,812

6,418,913

Local Authority Housing.

Caoimhghín Ó Caoláin

Question:

49 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the number of local authority homes, per local authority, which are designated bed-sits; the number of them that are for senior citizens; the time schedule for their replacement in view of the EU ban in the private rented sector on bed-sits; and the way the rebuilding or replacement programme will be funded. [10096/09]

The 2006 Census of Population enumerates 8,751 bedsits, housing 14,480 people. Of these 1,028 were provided by local authorities. According to the census, just over 250 of these local authority units were occupied by persons aged 65 years or over, representing less than a quarter of a percentage (0.22%) of the total local authority stock in 2006 (115,386). Of the units in question, 203 were provided by Dublin City Council, and account for 0.75% of the total city council stock in 2006.

In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations for the rental sector and recently delivered on this commitment by approving a package of measures including the phasing out of the traditional bed-sit by 31 January 2013. Those elements of the package not requiring primary legislation, including those relating to bed-sit accommodation, have been introduced through new regulations to replace those made in 1993 and came into effect on 1 February 2009.

Accordingly, any rental properties being let for the first time after 1 February 2009 will have to comply with all the requirements of the new regulations and no new bed-sits can be rented. However, in so far as existing accommodation is concerned, i.e. properties which have been rented at any time between 1 September 2004 and 31 January 2009, a period of four years (to 31 January 2013) has been allowed for landlords, including local authorities, to undertake the necessary remedial works to ensure compliance with the new regulations.

Each year local authorities expend some €150 million on the maintenance and improvement of their stock, an d these improvement works programmes include remedial action necessary to convert bed-sits.

Local Government Reform.

Simon Coveney

Question:

50 Deputy Simon Coveney asked the Minister for the Environment, Heritage and Local Government when he plans to bring forward proposals for local government reform; and if he will make a statement on the matter. [10214/09]

Ruairí Quinn

Question:

74 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government when he will publish the White Paper on Local Government; and if he will make a statement on the matter. [10169/09]

I propose to take Questions Nos. 50 and 74 together.

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

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

I am currently finalising the content of the White Paper on local government, for Government consideration and subsequent publication; It is my intention to see a stronger, more vibrant and more accountable form of local government at the end of this process.

Question No. 51 answered with Question No. 47.
Question No. 52 answered with Question No. 48.

Departmental Schemes.

Róisín Shortall

Question:

53 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the number of people, to date, who have made a full application under the home choice scheme; and if he will make a statement on the matter. [10162/09]

Bernard Allen

Question:

63 Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government the number of full applications for the home choice loan received by his Department; the amount of money set aside for this scheme; and if he will make a statement on the matter. [10190/09]

I propose to take Questions Nos. 53 and 63 together.

Over 1,400 prospective purchasers have formally registered interest on the dedicated Home Choice website (www.homechoiceloan.ie) and these have been contacted in recent weeks to advise that applications are now being accepted. 12 full applications have been made and a significant number of inquiries have also been received from brokers in relation to applications that may be pending.

Importantly, the intention of the scheme is not to provide an incentive for households to enter the housing market; it is designed rather to facilitate first-time buyers who have decided to purchase a home at this time.

Social and Affordable Housing.

Arthur Morgan

Question:

54 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the steps he will take to help local authorities who have purchased homes from developers under the affordable section of Part V, which are now dearer or near the same asking price as the private homes in the same scheme; and if he will make a statement on the matter. [10095/09]

Jack Wall

Question:

86 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if the estimated 2,500 to 3,000 affordable housing units which local authorities have on hand have already been paid for; if an attempt will be made to claw back the excess when the price paid was in excess of the current market value; and if he will make a statement on the matter. [10157/09]

I propose to take Questions Nos. 54 and 86 together.

Statutory responsibility for the making of agreements under Part V of the Planning and Development Acts 2000-2007 rests with the relevant planning authority. An agreement under Part V may provide for, inter alia, the developer building and transferring completed houses to the planning authority at a price determined on the basis of the site cost of the units, calculated at existing use value, together with the building and development costs, including profits on those costs, as agreed between both parties.

Where housing authorities consider it appropriate, in the context of reduced open market prices and the continuing need to ensure value for money outcomes, they have the option to further reduce the sale price of an affordable unit by providing subsidy, including through the use of any Part V funds on hands. Local authorities are best positioned to make judgments in this regard based on local circumstances.

The majority of affordable units on hands were acquired on foot of Part V agreements between developers and local authorities. It would be a matter for individual local authorities to consider the scope to re-negotiate prices, having regard to the nature of contracts entered into by them with developers. In the case of units provided under the 1999 Affordable Housing Scheme and the Affordable Housing Initiative, prices were largely determined by the cost of constructing the dwellings on local authority or State land and, in most instances, were significantly below prevailing market price.

The Affordable Homes Partnership, working closely with my Department, has examined the position regarding unsold affordable housing with a view to identifying actions that might assist in the sale of such units. The Partnership recently held a seminar providing advice and guidance to local authorities on the marketing and sale of affordable homes in the current market. The Partnership has also issued a sales guide, available on their website, to complement their meetings with individual authorities.

My Department is currently drawing up further guidance on this matter in light of the examination carried out by the Affordable Homes Partnership and a circular will be issued to local authorities very shortly.

Environmental Protection.

Joe Costello

Question:

55 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement the programme for Government commitment to review the level of fines and sentences which can be applied by the lower courts in the cases of pollution and dumping; and if he will make a statement on the matter. [10145/09]

Thomas P. Broughan

Question:

82 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement the commitment in the programme for Government to review the role, procedures and legislation governing the Environmental Protection Agency; and if he will make a statement on the matter. [10144/09]

I propose to take Questions Nos. 55 and 82 together.

The Programme for Government contains a commitment to initiate a study of all legislation relating to environmental fines as part of the review of the EPA. The review will be carried out by an expert group to include members with relevant international experience. I am currently considering the appropriate structure for the review and the membership of the review group.

The EPA has also taken steps to build capacity in support of the prosecution of cases on indictment in the higher courts. It has developed a panel of retired members of An Garda Síochána with the skills to facilitate better file preparation for the Director of Public Prosecutions. It has also developed a special training course for local authority staff on waste enforcement and the preparation of files for the DPP.

Greenhouse Gas Emissions.

Joe Costello

Question:

56 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when the National Strategy for Adaptation to Climate Change will be published; and if he will make a statement on the matter. [10146/09]

I refer to the reply to Question No. 53 of 27 November 2008. The EPA is preparing a report on climate impacts and potential vulnerabilities from a national perspective, which I expect to receive shortly. This report will constitute the first step in the development of a national strategy on adaptation. Subsequent steps will be informed by the findings of the Agency on potential impacts and its recommendations.

Water and Sewerage Schemes.

Seymour Crawford

Question:

57 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government the percentage of the cost his Department will provide for the sewerage system in Carrickmacross, County Monaghan; his views on whether it is a difficult period, especially in the Border areas, for industry and other sectors to make a contribution towards same; his further views on increasing the percentage from his Department; and if he will make a statement on the matter. [10079/09]

The Carrickmacross Sewerage Scheme, involving the upgrading of the collection system and the construction of a new treatment plant, is included for funding in my Department's Water Services Investment Programme 2007-2009, at an estimated cost of €22m. In accordance with the requirements of the EU Water Framework Directive, all projects funded under this Programme require that the marginal capital cost of servicing non-domestic consumers should be met by the non-domestic sector. The charging of the marginal cost to the non-domestic sector represents a reasonable charge for the provision of a costly service by the State to that sector.

Final decisions in relation to the contribution that my Department will make towards the cost of the Carrickmacross Sewerage Scheme have yet to be taken.

Ulick Burke

Question:

58 Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government the analysis his Department has conducted of septic tanks installed here; the number of substandard tanks in existence; the effect these tanks are having on water supplies; his plans to remedy this source of pollution; and if he will make a statement on the matter. [10201/09]

Kathleen Lynch

Question:

80 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the steps he has taken to deliver the programme for Government commitment in relation to assisting the replacement of septic tanks; and if he will make a statement on the matter. [10151/09]

I propose to take Questions Nos. 58 and 80 together.

Septic tanks are the long established means of sewage treatment for houses in rural areas not served by a public sewerage scheme. The results of the last Census of Population indicated that about 418,000 houses, or 32% of the total stock of just over 1.3 million houses, were served by septic tanks in 2006.

In its Water Quality 2004-2006 Report published in 2008, the EPA identified discharges from municipal waste water treatment works and from agricultural activities as the principal suspected causes of water pollution. The report also noted that microbial pathogens are now more prevalent in groundwater sources, largely from organic waste sources, and that these can pose a threat to human health. The Agency, therefore, concluded that greater attention needs to be given to groundwater protection, and in particular to prevention of pollution at source including from septic tanks. My Department is currently examining options for a system of monitoring and inspection of septic tanks in order to protect water quality from potential pollution from septic tanks.

Site conditions play an important role in how effectively septic tanks can operate. The existing standards for septic tanks are set out in Recommendations for Domestic Effluent Treatment and Disposal from a Single Dwelling House (S.R.6 of 1991), published by the NSAI in 1991 and incorporated in Part H of the Building Regulations dealing with Drainage and Waste Water Disposal. The aim of these standards is to achieve satisfactory practice in the design, construction and maintenance of septic tank drainage systems. The EPA is currently developing an updated code of practice for waste water treatment systems for single houses which will incorporate the requirements of new European Standards due to come into force on 1 July 2009. As soon as the EPA completes its work, I will incorporate the new Code of Practice under Part H of the Building Regulations.

Section 70 of the Water Services Act 2007 places a duty of care on the occupier of a premises or, if unoccupied, the owner, to ensure that waste water from the premises does not cause nuisance or risk to human health or the environment. Section 22 of 2007 Act confers extensive powers of inspection, investigation and enforcement to water services authorities to protect water quality, including powers to serve notice on a person requiring that person to take specified measures to prevent or control water pollution. The National Standards Authority of Ireland (NSAI) recommends that septic tanks should be inspected and emptied twice a year.

The Programme for Government includes a commitment in regard to a scheme of support for the replacement and upgrade of septic tanks older than 15 years with newer systems. While my Department has been examining the conditions which might attach to such a scheme, the timeframe for pursuing this commitment will remain under ongoing review, having regard to current budgetary constraints.

Private Rented Accommodation.

Róisín Shortall

Question:

59 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 52 of 5 of February 2009 if, in his opinion, the purpose of the Residential Tenancies Act 2004, in terms of allowing disputes between such parties to be resolved cheaply and speedily, has been achieved; and if he will make a statement on the matter. [10163/09]

The Residential Tenancies Act 2004 introduced a new regulatory framework governing private rented residential tenancies, providing, inter alia, for:

A measure of security for tenants of certain dwellings;

Amendment of landlord and tenant law in relation to basic rights and obligations of each of the parties;

The cheap and speedy resolution of disputes between such parties;

The establishment of the Private Residential Tenancies Board (PRTB) to discharge a range of functions related to these matters.

The PRTB was established as an independent statutory body in September 2004 and its principal functions are in the areas of:

The registration of private rental tenancies;

The resolution of disputes between tenants and landlords;

The provision of information, assistance and advice to the Minister on the private rental sector.

Since its establishment in September, 2004, a notable success has been the registration to date of over 310,000 tenancies, compared with less than 23,000 registered with local authorities in 2004. Almost 211,000 "current" tenancies are now registered with the Board. During 2007, the PRTB received almost 1,500 dispute applications for determination, and slightly in excess of that in 2008. These disputes are in areas such as deposit retention, illegal eviction, rent arrears, anti-social behaviour and various other breaches of landlord or tenant obligations.

Partly as a consequence of the Board's success in ensuring registration compliance, and the resulting large workloads arising, it is acknowledged that the processing times for dispute resolution are not yet optimal. This situation has arisen due to a combination of the major increase in demands in line with the expansion of the sector and the quasi-judicial process involved which can be time consuming, particularly in relation to issues such as court actions. It is, however, important to note that while the PRTB provides dispute resolution services, less than 1% of all registered tenancies seek to avail of the PRTB's dispute resolution mechanisms. This indicates that a healthy and stable landlord-tenant relationship prevails in the vast majority of tenancies. I am satisfied that the dispute resolution procedure offered by the PRTB is affordable, and much cheaper than the courts procedure that it has replaced, given that the application fee for the first stage of the dispute resolution process is €25 and the fee for the second or appeal stage is €40.

In response to the large and ongoing volume of work it had to deal with, the Board of the PRTB requested an additional 14 permanent staff to bring their permanent staffing complement from 26 to 40. This was approved by my Department in early 2008 and the additional personnel were recruited over the course of last Summer. This increased staffing level will help significantly with the administrative work related to the processing of dispute cases. On 16 December 2008, I launched the Board's new corporate plan which maps out how the PRTB intends to deal with new challenges during the 2009 to 2011 period. In this plan, the PRTB outlines specific targets and performance indicators in aspects of its work in the areas of Dispute Resolution, Tenancy Registration, Research and Information, Innovation and Customer Service, Leadership and Governance and Human Resources and Finance. No effort will be spared by the Board in vigorously delivering on this Corporate Plan.

Due to the nature and complexity of the Residential Tenancies Act, one element of the Board's remit under the Act is to assess the functioning of the PRTB and of the Act itself and to put forward suggestions for improvements to the original legislation. This has already resulted in a number of notable legislative changes to the Act being proposed to my Department by the Board. Some relevant amendments were introduced at Seanad Committee Stage of the Housing (Miscellaneous Provisions) Bill in 2008 and I hope to bring a number of other related amendments forward at Committee stage in this House.

In addition, I have requested my Department to undertake a review of the provisions of the Residential Tenancies Act 2004 under which the PRTB operates. The purpose of this review, which will get underway shortly, is to consider whether, in light of more than four years' operational experience, the PRTB's underpinning legislative framework can be improved to further support the effective regulation of a healthy and well-functioning private rental sector.

Social and Affordable Housing.

Jack Wall

Question:

60 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the person who establishes the market value of a property under the affordable housing scheme; if a maximum threshold of 80% of market value applies to the price asked of a person qualified under the affordable housing scheme; and if he will make a statement on the matter. [10156/09]

Section 5 of the Housing (Miscellaneous Provisions) Act 2002 defines "market value" in the context of affordable housing provided under the Shared Ownership Scheme and the 1999 Affordable Housing Scheme, as meaning the price which, in the opinion of the housing authority concerned, might reasonably be obtained in respect of such house, if sold on the open market. The application of Part V, including determination of market value for clawback purposes, is a matter for individual local authorities.

Notwithstanding this, it is normal practice for participating private lending institutions, which provide mortgage finance for affordable dwellings, to limit such advances to 80% of the market value of the dwelling as determined by them. Affordable housing is sold at a discount to market value and there is no maximum threshold set on this discount. Local authorities determine the level of discount having regard to available resources to ensure the housing units are affordable.

Proposed Legislation.

Thomas P. Broughan

Question:

61 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement the programme for Government commitment to publish comprehensive legislation on noise pollution; and if he will make a statement on the matter. [10143/09]

My Department is currently preparing proposals to strengthen the existing legislation on noise pollution, in line with the commitment in the Programme for Government. A public consultation process has been completed, and account is being taken of submissions received from the public and key stakeholders.

While there is already a wide range of measures in place to deal with noise from a variety of sources, I intend that the new legislation will take a more integrated approach to noise pollution. There will be a greater emphasis on codes of practice for construction, commercial and domestic situations. Local authorities will have stronger enforcement powers to deal with nuisances from particular noise sources such as continuously sounding alarms, and I also see the need to extend the powers of the Garda Síochána in certain circumstances. There will, in addition, be measures to increase awareness of noise nuisance and of how it can be remedied.

Building Regulations.

Sean Sherlock

Question:

62 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the progress that has been made towards the provision by Sustainable Energy Ireland of suitable examinations for building energy rating registration and the establishment of suitable test centres nationwide; and if he will make a statement on the matter. [10164/09]

Liz McManus

Question:

89 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the training provided by Sustainable Energy Ireland in relation to energy assessors is of a sufficiently high standard; and if he will make a statement on the matter. [4565/09]

I propose to take Questions Nos. 62 and 89 together.

The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law by the European Communities (Energy Performance of Buildings) Regulations 2006 — 2008, introduced a requirement for a Building Energy Rating (BER) system. Sustainable Energy Ireland (SEI) has been designated as the Issuing Authority with responsibility for the ongoing administration of the BER Scheme.

BER Assessor training is not provided by SEI itself, but by 22 training providers who must be registered with a National Awards Body recognised under the National Framework of Qualifications and listed on SEI's website. All training providers must comply with the Specification for Assessor Training Programmes for Building Energy Rating (BER) of Dwellings, as published by SEI. In particular, this document prescribes strict technical attainments for trainers and minimum entry qualifications for trainees as necessary prerequisites to the training process. All BER assessment activity is closely monitored by SEI and a robust system of audit and quality assurance checks is in place.

I understand from SEI that, following a competitive tender process initiated in October 2008, a preferred tenderer for the introduction of a National BER Examination for all trained assessors has now been selected. Contract arrangements are currently being finalised which will see the National BER Examination being provided at 41 exam centres, including 25 mobile units, around the country from June 2009.

Question No. 63 answered with Question No. 53.

Register of Electors.

Caoimhghín Ó Caoláin

Question:

64 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his views on whether the requirement that people applying to be on the supplementary register must go to a Garda station should be removed. [10128/09]

The compilation and publication of the register of electors is a matter for the appropriate local authority in accordance with electoral law. A person who is not on the register may apply for inclusion on the supplement to the register up to 15 days before polling day. Applications must be received by the relevant city or county council not later than Monday 18 May in order to vote at the local and European elections on 5 June 2009. Application forms for inclusion on the supplement to the register, Form RFA 2, are widely available from local authorities, post offices, Garda stations, public libraries, and local authority websites, and can be downloaded from www.checktheregister.ie.

In making voter registration as accessible as possible, it is important to have appropriate measures in place to guard against potential personation or abuse of the electoral system. It is, therefore, a legal requirement that completed application forms for inclusion on the supplement to the register are witnessed by a member of the Garda Síochána before being returned to the appropriate local authority. If a person cannot for stated reasons attend their local Garda station, their application may be witnessed by an official of the local authority. If because of a physical illness or physical disability, a person cannot attend either their local Garda station or their local authority, their application form can be accompanied by a medical certificate.

I am concerned to ensure that the legislative and administrative arrangements in place in relation to registration are as flexible and user friendly as possible consistent with maintaining the security and integrity of the electoral process. While I will continue to keep current practice under review, I am satisfied that the present arrangements strike a reasonable balance.

Building Regulations.

Michael D'Arcy

Question:

65 Deputy Michael D’Arcy asked the Minister for the Environment, Heritage and Local Government his views on fire safety in apartment buildings; his further views on new fire protection regulations; and if he will make a statement on the matter. [10222/09]

The Fire Services Acts 1981 and 2003 and Building Regulations 1997- 2008 include a range of provisions for fire safety in the design, construction, operation and management of buildings (including apartments). Part B of the Building Regulations 1997 sets out the fire safety requirements to be observed in the design and construction of certain buildings including apartment complexes.

Section 18 of the Fire Services Act 1981, as amended, places a duty on persons having control over premises, such as apartment complexes, 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. The Section also places a duty on people on such premises to conduct themselves in such as way as to ensure that, as far as reasonably practicable, other people on the premises are not exposed to danger from fire as a consequence of any act or omission of theirs. Section 22 of the Fire Services Act 1981, as amended, empowers fire authorities to inspect any land or building, including apartment complexes, for the purpose of the Act, including enforcement of fire safety matters.

The preparation of legislation on management companies for apartment complexes is a matter for the Department of Justice, Equality and Law Reform.

Water Quality.

Michael D. Higgins

Question:

66 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure drinking water throughout the country is of good quality; and if he will make a statement on the matter. [10148/09]

Eamon Gilmore

Question:

93 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the steps he has taken to improve the drinking water infrastructure; and if he will make a statement on the matter. [10147/09]

I propose to take Questions Nos. 66 and 93 together.

Management of public drinking water supplies is generally the responsibility of the local authorities, which have a range of instruments and measures available to them to produce and conserve sufficient supplies to meet anticipated needs and to ensure quality standards. The quality of individual supplies is monitored by the EPA and its most recent report "The Quality of Drinking Water in Ireland — A Report for the Years 2006 and 2007" is available in the Oireachtas Library.

I have put in place a rigorous supervisory framework to ensure good quality drinking water is provided and that effective mechanisms are available to deal quickly and effectively with problems where they arise. Under the European Communities (Drinking Water) (No. 2) Regulations 2007, local authority drinking water supplies are subject to supervision by the EPA and I have given the Agency the necessary resources to back up its new enforcement powers.

Under the drinking water regulations, local authorities are obliged to ensure that any failure to meet quality standards in a water supply is investigated immediately to determine the cause. The authority is required to consult with the Health Service Executive to determine whether there is a potential danger to human health, and, if there is, to agree the appropriate action, including the prompt notification of consumers. In the case of public supplies, a local authority is also obliged to inform the EPA promptly and the EPA can issue such directions to a local authority as necessary to prevent or remove any health risk. Failure to comply with such a direction is an indictable offence and subject to heavy penalties.

In addition, my Department coordinates and finances a major programme of investment in improved water supply infrastructure, active leakage control, telemetry and rehabilitation of watermains, on which some €1.6 billion has been invested by the Government in the period since 2000. This level of investment reflects the priority assigned by Government to meeting EU standards for drinking water and providing critical water supply infrastructure.

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

The Water Services Act, 2007, provides for preparation of a strategic water services plan by each water services authority for its area at least every 6 years. Such plans will set out current and projected water services needs and identify the required responses. This process will ensure that water services planning is appropriately integrated with planning for investment in social and economic development. The relevant provisions will be brought into force as soon as related guidelines and training are available.

I am satisfied that the policies and resources in place will ensure that our water supplies are capable of meeting the required quality standards and current and anticipated demands.

Question No. 67 answered with Question No. 44.

Waste Management.

Michael D. Higgins

Question:

68 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the steps he has taken to deliver the programme for Government commitment in relation to a national strategy on biodegradable waste; and if he will make a statement on the matter. [10149/09]

Ireland must meet challenging targets under the EU Landfill Directive for the diversion of biodegradable municipal waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years.

Following extensive consultation, the National Strategy on Biodegradable Waste was published in April 2006 and is aimed at diverting 80% of biodegradable municipal waste from landfill through segregated collection and the generation of compost. The Programme for Government contains a commitment to implementation of the National Strategy.

I have indicated my intention to introduce primary legislation to allow significant increases in the landfill levy. My Department, in addition, has initiated a stakeholder consultation on a Statutory Instrument for the segregation of commercial biodegradable waste.

Last year, I issued a circular to all local authorities to drive forward the roll out of brown bins and promote the use of home composting and the National Waste Report 2007 indicates increased quantities are being dealt with by home composting. I am confident that all of the above measures will contribute significantly to the achievement of the targets for the diversion of biodegradable waste from landfill and a reduction in our overall use of landfill.

Local Authority Housing.

Arthur Morgan

Question:

69 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he plans to introduce regulations that will prevent voluntary housing bodies from charging excessively high fees to their tenants. [10093/09]

Under the terms of the Capital Loan and Subsidy Scheme, management and maintenance costs are met from the rental income generated by the project as well as an annual management and maintenance subsidy allowance which is paid to approved housing bodies in respect of each dwelling funded under the scheme.

The application of the rent formula as set out in the scheme may be modified, at the discretion of the approved housing body, in particular respects where they consider this appropriate. Rent payable under the scheme to an approved housing body, by a tenant, is based on household and subsidiary income in the previous tax year. Where this would result in hardship arising from a fall in income due to loss of employment, disability etc, the rent may be adjusted accordingly.

In the case of the Capital Assistance Scheme (CAS), which is aimed at persons with special housing needs such as elderly, the homeless or persons with a physical or intellectual disability, rents are charged at a reasonable rate having regard to tenants' income. In cases where an approved housing body contributes a minimum of 5% of the capital cost of a CAS funded project, the approved body may retain nomination rights, outside of the local authority waiting list, for up to 25% of the units. In these circumstances, the normal landlord/tenant arrangements apply.

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 and the operation, maintenance and management of schemes.

Departmental Expenditure.

Mary Upton

Question:

70 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government if the 8% reduction in payments for professional services will apply to adjudicators and mediators engaged by the Private Residential Tenancies Board; if the same reduction will be applied to payments made to members of the dispute resolution committee; and if he will make a statement on the matter. [10158/09]

Willie Penrose

Question:

87 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the way, in respect of the announcement of 3 February 2009, it is intended to effect the 8% reduction in professional fees in relation to services provided to or funded by his Department; the amount expected to be saved in his Department’s budget as a result of this process; and if he will make a statement on the matter. [10154/09]

I propose to take Questions Nos. 70 and 87 together.

Local Authorities and other bodies under the aegis of my Department have been notified in general terms of the Government decision and announcement referred to in relation to the reduction in professional fees for services. Detailed advice in relation to the application of the reduction is being developed and the Department of Finance and other Departments are being consulted to ensure consistency of application. This advice will be utilised by my Department and circulated to local authorities and bodies under the aegis of my Department as soon as possible. Given the wide variety of contracts under which professional fees can arise, ranging from contracts solely for professional services to construction contracts which can include an element of professional fees, and the different procedures under which contracts were negotiated, it is not possible at this early stage to quantify the actual savings that will accrue. It will be a matter for the local authorities and the bodies under the aegis of the Department to examine all contracts for professional fees to establish whether or not such contracts come within the Government decision and apply the reduction in all applicable cases. My Department is not in a position to respond in relation to specific operational matters of bodies under its aegis.

EU Directives.

Joan Burton

Question:

71 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the steps he has taken to transpose the environmental liability directive into Irish law; and if he will make a statement on the matter. [10142/09]

The EU Environmental Liability Directive has been transposed into Irish law by the European Community (Environmental Liability) Regulations 2008, copies of which are available in the Oireachtas library.

While the Regulations transpose all of the Environmental Liability Directive, there are a number of discretionary provisions open to Member States to choose whether or not to adopt. It is my intention to provide for certain discretions in primary legislation later this year.

Waste Management.

Liz McManus

Question:

72 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the steps he has taken to deliver the programme for Government commitment to reduce waste management charges and abolish flat rate charges for waste disposal; and if he will make a statement on the matter. [10152/09]

Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003 the determination of waste management charges is a matter for the relevant local authority where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges.

Significant regulatory issues, including issues associated with waste charges and the methods for charging for service provision, have emerged as waste management services have rapidly evolved in recent years. I recognise that the existing regulatory framework requires modernisation which will be taken forward in the context of the overall review of national waste management policy, provided for in the Programme for Government. Identification of the changes necessary will also be greatly assisted by the recently published OECD review of the public service, which includes a specific case study on waste management.

The revised approach to the collection of household waste being taken by the Dublin local authorities will further inform what measures may be necessary to underpin sustainable and affordable waste collection services and infrastructure provision, whether delivered by the private or public sectors. In these contexts the appropriate policy responses, including in respect of charging systems, are being developed and elaborated.

Departmental Expenditure.

Paul Kehoe

Question:

73 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the cost of storage of electronic voting machines in 2009; his views on scrapping them in view of the need to make cutbacks; and if he will make a statement on the matter. [10247/09]

Bernard J. Durkan

Question:

85 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the action he has taken or proposes to take to bring to an end all public expenditure associated with electronic voting; and if he will make a statement on the matter. [10172/09]

Ciaran Lynch

Question:

97 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the decision of the German Constitutional Court to rule out the use of Nedap electronic voting machines similar to those in storage here on the grounds that it should be possible to check election procedures and results in a reliable fashion and without any particular specialist knowledge; if this examination will facilitate him in reaching a conclusion; if he will cut the loss to the State by scrapping these redundant machines; and if he will make a statement on the matter. [10140/09]

I propose to take Questions Nos. 73, 85 and 97 together.

I am aware of the recent decision in the German courts in relation to the future use of electronic voting machines in the conduct of elections held in that country.

Relevant experiences and developments in other jurisdictions are being taken into account in considering the next steps in relation to electronic voting and counting in Ireland. As part of this process, I am also taking into account the work of the Commission on Electronic Voting, which has examined the system, the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally.

Given the scale of investment in the system to date, and the importance of the issues involved for our electoral system, it is essential that the future of the project be examined objectively and in a thorough and comprehensive manner. It is important that we come to the best possible decision. It is not possible to make more specific comment at this point on the project itself, or on future plans for the machines, pending completion of the necessary work and a decision by Government in the matter.

Information on the costs associated with the storage of electronic voting machines is compiled annually by my Department. Based on figures received from Returning Officers, the total annual costs for storage of the electronic voting equipment (including the cost of insurance, service charges, rates and heating) in 2008 were some €204,000.

Question No. 74 answered with Question No. 50.
Question No. 75 answered with Question No. 39.

Local Authority Funding.

Aengus Ó Snodaigh

Question:

76 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the names of local authorities which sought funding through his Department’s capital assistance scheme; the amounts allocated to provide accommodation to meet special housing needs; and if he will make a statement on the matter. [10094/09]

Since the inception of the Capital Assistance Scheme in 1984, a total of €970,102,642 has been paid to approved housing bodies, through the local authorities, for the provision of accommodation for persons with special housing needs such as the elderly, the homeless or persons with a physical or intellectual disability. Details of the amounts paid to local authorities over the past five years are set out in the following table.

Local Authority

Amount Paid

Carlow County Council

16,288,757

Cavan County Council

3,638,704

Clare County Council

14,219,277

Cork County Council

34,998,287

Donegal County Council

33,085,170

Dún Laoghaire/Rathdown County Council

17,092,736

Fingal County Council

33,139,393

South Dublin County Council

9,845,330

Galway County Council County Council

9,059,837

Kerry County Council

15,976,989

Kildare County Council

20,870,073

Kilkenny County Council

14,771,420

Laois County Council

10,429,891

Leitrim County Council

1,281,295

Limerick County Council

21,926,704

Longford County Council

4,571,833

Louth County Council

7,553,652

Mayo County Council

24,045,423

Meath County Council

7,312,118

Monaghan County Council

15,182,321

Offaly County Council

7,950,248

Roscommon County Council

6,398,750

Sligo County Council

2,404,702

North Tipperary County Council

7,480,977

South Tipperary County Council

8,431,252

Waterford County Council

6,801,478

Westmeath County Council

6,360,353

Wexford County Council

5,667,462

Wicklow County Council

5,783,673

Cork City

41,459,041

Dublin City

94,855,099

Galway City

7,727,004

Limerick City

7,981,119

Waterford City

22,490,555

Total

€547,080,923

Waste Disposal.

John Perry

Question:

77 Deputy John Perry asked the Minister for the Environment, Heritage and Local Government the capacity that exists for waste disposal via mechanical biological treatment; the share of waste disposal MBT has compared to other disposal methods; the actions he has taken to date to increase MBT capacity; and if he will make a statement on the matter. [10272/09]

Waste management data are compiled by the EPA and published in the National Waste Report, a copy of which is available in the Oireachtas Library. In its Report for the year 2006, the Agency noted that the term mechanical biological treatment (MBT) is used to describe not one specific process, but rather a combination of different technologies, and that it was not possible to estimate from the available data how much waste was treated mechanically.

The Programme for Government includes a commitment to the implementation of the National Strategy on Biodegradable Waste and the achievement of Ireland's obligations under the EU Landfill Directive. In achieving this, I believe there should be less reliance on landfill and incineration and greater use of alternative technologies, including those for the mechanical and biological treatment of waste.

It is my intention to bring forward legislation significantly to increase the landfill levy to drive the diversion of biodegradable material from landfill and encourage the development of alternative technologies including mechanical and biological treatment of waste.

Consultants are engaged in carrying out a study which will underpin the overall review of waste policy also provided for in the Programme and which will be concluded this year. In this context policy proposals will be developed to facilitate the deployment of the full range of non-landfill technologies.

Water and Sewerage Schemes.

Lucinda Creighton

Question:

78 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the actions he has taken on foot of the independent report of 17 November 2008 into the Ringsend wastewater treatment plant, Dublin; and if he will make a statement on the matter. [10171/09]

I refer to the reply to Question No. 186 of 12 February, 2009. The position is unchanged.

Social and Affordable Housing.

Aengus Ó Snodaigh

Question:

79 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the number of housing units given to voluntary housing associations under Part V; and if his attention has been drawn to the high levels of social housing applicants who refuse these units due to the high levels of management fees and parking fees imposed by these voluntary housing bodies. [10092/09]

Local authorities assist approved housing bodies in the provision of social rented accommodation in various ways including the provision of sites for new projects, sites acquired in accordance with Part V of the Planning and Development Act 2000, the transfer of completed housing units constructed as part of new local authority social housing schemes and the transfer of housing units acquired in accordance with Part V. In addition, local authorities may enter into service level agreements with approved housing bodies with regard to the management and maintenance of social housing units acquired by these authorities under Part V.

Part V units are more generally suited to family type accommodation and those which are being assigned to approved housing bodies are, for the most part, funded under the Capital Loan and Subsidy Scheme. Under the terms of the scheme, management and maintenance costs are met from the rental income generated by the project as well as an annual management and maintenance subsidy allowance from my Department of up to €724 which is paid to approved housing bodies in respect of each dwelling funded under the scheme.

The Working Group on Voluntary and Co-operative Housing, which is comprised of representatives of the voluntary housing sector, the Irish Council for Social Housing (ICSH), the National Association of Building Co-operatives, the local authorities and my own Department, provides a stakeholder forum for the voluntary and co-operative housing sector. To date, the issue of high numbers of tenants refusing offers of accommodation in Part V properties due to high the levels of management fees and parking fees has not been identified as an area of concern. In the case of apartments provided under Part V and where car parking is provided, the capital cost of the units generally covers both the accommodation and car parking space. In these instances, car parking fees should not arise.

Local authorities and approved housing bodies do everything possible to minimise the impact of management charges on the rents charged to tenants of voluntary units acquired under Part V. Dublin City Council, for example, recently set up a Working Group under its Housing Strategic Policy Committee, which includes representatives of the ICSH, to look at issues in relation to the impact of management charges on social housing tenants.

Details of the accommodation provided under my Department's funding schemes for voluntary and co-operative housing, including details of the housing units acquired under Part V, are published in my Department's Annual Housing Statistics, copies of which are available in the Oireachtas Library. Copies of the Annual Bulletins for the years 2000 to 2007 and the relevant Quarterly Bulletins for 2008 are also available on my Department's website at www.environ.ie.

Question No. 80 answered with Question No. 58.

Planning Issues.

Kathleen Lynch

Question:

81 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the steps he has taken to deliver the programme for Government commitment to bring about sustainability proofing of county development plans; and if he will make a statement on the matter. [10150/09]

Development plans provide the over-arching strategic framework for development within their areas, ensuring that all development is sustainable in economic, social and environmental terms. As such, the development plan must offer clear guidance on sustainable development policies and objectives, both national and local, which addresses the full range of sustainability issues such as climate change, waste management, transport, urban development, sustainable communities and the use of natural resources.

In June 2007, my Department published Guidelines for Planning Authorities on Development Plans. The Guidelines state that it is imperative that the objectives and strategies set out in development plans are compatible with the Government's commitment to reducing energy consumption and modifying the impacts of climate change. Development plans should be consistent with the objectives of national initiatives that will address energy and climate change issues such as the National Climate Change Strategy 2007-2012, which builds on the commitment to sustainable development set out in Towards 2016 and the National Development Plan 2007-2013. Moreover, the conclusions in the EPA State of the Environment Reports, and other evidence in relation to environmental quality and trends, should inform the drafting of development plans and be reflected, as appropriate, in their objectives and implementation.

Building on existing guidance and highlighting best practice examples of plans at different scales, my Department has also begun the preparation of new planning guidelines on local area plans. A key element of these guidelines, which will be published later this year for public consultation, is the development of a sustainability toolkit which will focus on practical ways in which local planning policies can bring about better energy efficiency in new developments and how best to protect and enhance habitats and biodiversity, to integrate waste management into planning new development and support more use of sustainable transport modes, including public transport, walking and cycling.

Question No. 82 answered with Question No. 55.

Architectural Heritage.

Seymour Crawford

Question:

83 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will give support towards the refurbishment of the old courthouse in the centre of Castleblayney town, County Monaghan; his views on whether this is an important heritage building needing urgent repair to safeguard the structure and is of importance to the town and community of Castleblayney; and if he will make a statement on the matter. [10078/09]

The civic structures conservation grant scheme, which is administered by my Department, provides grants for the restoration and conservation of buildings of significant architectural heritage merit and which are in civic ownership or occupation and generally open to the public. The deadline for the receipt of applications under the 2009 grant scheme was 27 February 2009, and I understand that no application was received for funding towards the conservation of Castleblayney Courthouse.

The Planning and Development Act 2000 enables me, as Minister, to make recommendations to a planning authority concerning the inclusion of specific structures in its Record of Protected Structures, and a planning authority must have regard to any such recommendations. My recommendations are based on the National Inventory of Architectural Heritage (NIAH) of a particular county. My Department has yet to complete the National Inventory of Architectural Heritage (NIAH) for County Monaghan.

However, I understand that Castleblayney Courthouse is included in the Record of Protected Structures for Castleblaney in the Monaghan County Development Plan 2007-2013.

Social and Affordable Housing.

Pat Rabbitte

Question:

84 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government if he will lay before the Houses of the Oireachtas the details, including financial implications, of his plans to enable local authorities to lease estates from developers as outlined in a statement (detailed supplied); if he will lay out his programme to spend €20 million in leasing currently idle properties from developers; and if he will make a statement on the matter. [10166/09]

The new leasing initiative, under which authorities will procure properties on long-term leases of 10-20 years, is designed to widen further the sources of supply for social housing and thereby help create a flexible range of delivery mechanisms for local authorities to meet the demand for housing.

The initiative will also maximise the level of social housing need that can be met from available public resources and will lead to many more homes being provided to those that need them, than could be delivered by relying solely on construction and acquisition programmes. It will make use of some of the vacant housing stock throughout the country, thereby avoiding any time lag in providing homes for households in need, and achieving value for money at a time of constraint in the public finances.

I have set aside €20 million to support this new initiative in 2009. It is expected that through this a minimum of 2,000 additional homes will be procured this year. It will be a matter for each local authority to determine what properties and locations are suitable for leasing; however, in putting forward proposals authorities will be expected to have regard to the Department's guidelines on social housing and all proposals for funding must be consistent with the policy of creating sustainable communities.

Further details of the scheme can be found in a circular recently issued by my Department, which will be forwarded to the Deputy.

Question No. 85 answered with Question No. 73.
Question No. 86 answered with Question No. 54.
Question No. 87 answered with Question No. 70.
Question No. 88 answered with Question No. 39.
Question No. 89 answered with Question No. 62.

Waste Management.

Emmet Stagg

Question:

90 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if, on foot of the recommendations of the Ombudsman, he will introduce a national waiver scheme for the payment of domestic refuse charges; and if he will make a statement on the matter. [10026/09]

Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and any associated waiver scheme, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator.

Significant regulatory issues have emerged as waste management services have rapidly evolved in recent years. These issues, which have been the subject of a formal public consultation, include the need to ensure that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly addressed. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the recent OECD report on the review of the public service, which includes a specific case study on waste management. My Department has also recently received the report by the Ombudsman Waste Waiver Schemes Administered by Local Authorities and is giving the report, and in particular the recommendations contained within it, full consideration.

It is also the case that the revised approach to the collection of household waste being taken by the Dublin local authorities will further inform what measures may be necessary to underpin sustainable waste collection services, whether delivered by the private or public sectors.

In these contexts the appropriate policy responses will be developed and elaborated to address the concerns raised.

Local Authority Housing.

Ruairí Quinn

Question:

91 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the progress his Department has made with regard to producing a legislative framework with regard to the sale of local authority flats; and if he will bring forward an amendment to the Housing (Miscellaneous Provisions) Bill 2008 regarding this matter. [10168/09]

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

International Agreements.

Joan Burton

Question:

92 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement the programme for Government commitment to fully implement the Aarhus Convention; and if he will make a statement on the matter. [10141/09]

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

The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These regulations transpose EU Directive 2003/4/EC on public access to environmental information. The process to transpose EU Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment is already well advanced, with legislation completed to amend the majority of the relevant consent systems, all of which are the responsibility of other Departments.

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

Question No. 93 answered with Question No. 66.

Social and Affordable Housing.

Bernard J. Durkan

Question:

94 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the action he proposes to take to address the inadequacy of public housing programme to meet requirements with particular reference to the need to make sufficient provision to meet the housing needs of all applicants on local authority housing lists throughout the country; if he will indicate or outline a programme with specific objectives over the next three years in this regard; if he has in mind strategic plans to address this issue; and if he will make a statement on the matter. [10173/09]

Bernard J. Durkan

Question:

179 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of local authority housing starts expected in 2009 having regard to the capital allocation made by his Department to the various local authorities throughout the country; and if he will make a statement on the matter. [10385/09]

I propose to take Questions Nos. 94 and 179 together.

The number of households on a local authority's waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. It is up to individual housing authorities to plan the composition, management and delivery of their social housing investment programmes having regard to the specific social housing priorities in their areas and to the Exchequer funding allocations available to them, which are based on their identified 2008 statutory assessment of housing need. To ensure that these programmes are delivered in a coherent and coordinated manner City and County Councils have put in place multi-annual Housing Action Plans which encompass delivery of social and affordable housing in their areas, including Town Councils. These programmes will be considered by my Department as part of the annual Housing Action Plan Review process which is currently underway.

It is expected that through the social housing investment programme and the voluntary and co-operative housing programmes in 2009, and, having regard to the availability of suitable housing in the current housing market, including through the recently announced long-term leasing initiative, good progress will be made this year in meeting social housing needs.

Nuclear Plants.

Eamon Gilmore

Question:

95 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the steps he has taken to bring about the closure of the nuclear waste facility at Sellafield, England; and if he will make a statement on the matter. [10139/09]

Ireland has long been concerned about the risk to this country posed by the large and complex nuclear reprocessing site at Sellafield. The policies and actions of this Government continue to reflect the firm position that Sellafield's continued operation poses risks of real and legitimate concern to Ireland and that it should be decommissioned and closed in a safe and orderly manner. Since coming into office I have expressed this position at all appropriate opportunities and our concerns in relation to the site have been consistently articulated to the UK Government at political, diplomatic and official levels.

For some years now, the UK and Ireland have developed a process for regular high level exchanges on the matter of Sellafield and its related facilities. These exchanges have embedded the ‘package' of measures for enhanced co-operation and information exchanges announced by my predecessor in December 2004.

The background to that announcement was that, in 2001, in response to the then imminent commissioning of the MOX fuel manufacturing plant at the Sellafield site, Ireland instituted legal proceedings against the UK under the United Nations Convention on the Law of the Sea (UNCLOS). Pending the hearing of the case, Ireland applied for and received a Provisional Measures Order from the Arbitral Tribunal, which ordered a review by Ireland and the UK of the mechanisms for inter-governmental notification and co-operation. Arising from this, a series of co-operative measures was developed, agreed and put in place.

These measures are valuable from Ireland's viewpoint and are working well. They represent real and considerable added value to the necessarily co-operative relationship between Ireland and the UK. The measures include the Bi-Lateral Agreement on Early Notification of a Nuclear Incident; direct access to the UK Radiation Monitoring System (RIMNET); access for the Garda Síochána to Sellafield, significantly improved information exchanges; co-operation on emergency planning with the UK; improved and ongoing contacts at regulator and official level on nuclear issues; and access for the Radiological Protection Institute of Ireland (RPII) to Sellafield and other facilities.

This latter measure has resulted in two visits by the RPII to sites in the UK, one to Sellafield and one to the Wylfa Nuclear Power Plant in North Wales. The Reports of the Institute on these visits are available on the RPII website, www.rpii.ie. These visits are extremely useful to Ireland. They enhance the co-operation between technical experts in both countries and provide us with a high level of knowledge of the operation of these UK nuclear facilities which would not otherwise be readily available.

I consider that the co-operation measures are being utilised fully by Ireland and, with the co-operation of the UK, the level of exchange is deepening with each meeting. These all provide objective evidence of real improvements in the quality of the information available to Ireland and enhancement of our understanding of the site. In this way, we are better able to assess the full nature of the risk posed, and ensure that we are well placed to deal with such risk, however remote.

I emphasize, however, that the Government is continuing and will continue to pursue all political, diplomatic and, where necessary and appropriate, legal options to secure the safe and orderly decommissioning of the Sellafield facility. It is my view that the ongoing discussions between the two administrations in relation to Sellafield have resulted in increased recognition by the UK Government of the depth and seriousness of Ireland's concerns about Sellafield and of the priority that is rightly accorded to the issue by the Irish Government.

Ireland has supported and will continue to support efforts by the European Commission to develop an increased role for itself in the area of safety within the European Nuclear Industry. In this regard, I welcomed the proposal for a Nuclear Safety Directive from the European Commission in November 2008. In Ireland's view, the transboundary risks and impacts arising from nuclear installations should be fully reflected in the instruments, structures and institutions of the EU.

Dublin Bay Task Force.

Lucinda Creighton

Question:

96 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the position regarding the work of the Dublin Bay Task Force; and if he will make a statement on the matter. [10170/09]

The Dublin Regional Authority established the Dublin Bay Task Force at my request in July 2008, essentially to prepare a draft master plan for Dublin Bay and to make recommendations in respect of the institutional arrangements for coastal zone management in the bay. The task force operates under the aegis of the regional authority. To date, the task force has held a series of meetings, which are open to the public, conducted several public consultation seminars and carried out a significant amount of background research. The regional authority proposes to engage consultants to assist in the preparation of a master plan setting out options for phased developments in the period to 2030, screening for a strategic environmental assessment and undertaking an appropriate assessment under the Habitats and Birds Directives. However, this consultancy is contingent on a significant level of funding from the public bodies participating on the task force.

Question No. 97 answered with Question No. 73.

Ministerial Travel.

Fergus O'Dowd

Question:

98 Deputy Fergus O’Dowd asked the Taoiseach his policy concerning the use of helicopters for official Government business; if he is required to approve or sign off on requests for helicopter travel; and if he will make a statement on the matter. [10290/09]

I take it that the Deputy is referring to the policy for use of the Air Corps helicopters by office holders. Office holders may apply to use an Air Corps helicopter or an aircraft which is part of the Ministerial Air Transport Service. In all cases, my approval is required before an Air Corps helicopter or a Ministerial Air Transport Service aircraft can be used. Procedurally, requests for such use are made to my office by Ministers' private secretaries and are dealt with, in the first instance, by the staff of my office. Requests are examined by my staff with regard to the need for and purpose of travel, the destination and other logistical details. Any necessary clarification or further information is sought at this point. All screened requests are then submitted to me for my consideration and approval, if deemed appropriate. Once approved, all operational matters are settled directly between the office of the office holder in question and the Department of Defence or the Air Corps.

National Honours System.

Finian McGrath

Question:

99 Deputy Finian McGrath asked the Taoiseach if he will seek cross-party agreement in introducing an honours system in this country. [10496/09]

The Deputy may recall that my predecessor replied to questions on this subject from him and other Deputies on 20 November 2007 and from him on 5 December 2007. In his replies, he said it had always been his view that a national honours system would require all-party agreement if it were to proceed. He had written to the main Opposition party leaders in 1999 but it was evident that cross-party support for the introduction of such a scheme did not exist at the time. He wrote to Opposition party leaders again in October 2007 to inquire if their parties would be prepared to enter into discussions on the matter. A formal response to the letter of October 2007 has not been received in one case. I share my predecessor's view that a national honours system would require all-party support. If such support is forthcoming, I would be amenable to initiating the necessary discussions.

Compulsory Retirement Age.

Pat Rabbitte

Question:

100 Deputy Pat Rabbitte asked the Taoiseach the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10818/09]

My Department employs 21 female staff and nine male staff who are not subject to a compulsory retirement age of 65 years.

Economic Competitiveness.

Andrew Doyle

Question:

101 Deputy Andrew Doyle asked the Tánaiste and Minister for Enterprise, Trade and Employment if export stimulus measures will be considered as part of an economic recovery programme. [10308/09]

The Government is strongly committed to the development of exports as a driver to boost the economy and sustain employment. Our enterprise support measures are geared towards helping companies to grow and sell on world markets. Enterprise Ireland is the State agency charged with helping indigenous enterprises to increase their exports in existing and new markets. The agency is active nationally, at the developmental level, and internationally, in assisting Irish indigenous companies to find new markets for their products and increase their existing level of market share. Through its network of international offices, Enterprise Ireland creates and implements successful strategies for market entry, development and growth in overseas markets. IDA Ireland client companies account for a significant proportion of overall exports. The IDA has designed a range of measures to help client companies to embed their employment, output and exports. Within the last two weeks, the Taoiseach has announced the establishment of an enterprise stabilisation fund to support viable but vulnerable exporting companies. This fund is an important first step in the process of concerted support for our trading enterprises.

Against the backdrop of the current global economic downturn, a range of additional measures is being assessed with a view to further helping exporting companies. Various proposals have been suggested. A thorough assessment of possible supports will be finalised soon. In addition, several major instruments have been introduced to support enterprises generally. The bank recapitalisation scheme, which includes provision to increase lending capacity to small and medium-sized enterprises by 10%, was one such carefully designed measure. This major development, coupled with a new code of practice on business lending, will be a crucial source of support for our exporting companies. Having regard to the continued concerns of the business community about credit insurance, an independent study on credit availability has been commissioned by the Department of Finance as part of the bank recapitalisation programme. I understand this study is due to be completed within five or six weeks. A separate review of the export credit insurance market was also carried out at my request. This report is now finalised. I will bring it to the Government for discussion soon.

To help cash flow to businesses, I will shortly introduce on an administrative basis a commitment to reduce the payment period by central Departments to businesses from 30 to 15 days. An assessment of the impact of extending this to the local authority, health and education sectors will be completed by the end of April. Clearly, we need a sustained focus on growing exports to ensure a return to economic growth. I assure the Deputy that I and my colleagues in government are determined to take the necessary measures that will position Ireland, not least its enterprises, its entrepreneurs and its exporters, to weather the current global crisis and emerge optimally positioned to take advantage of the global upturn, when it comes. As the Minister for Enterprise, Trade and Employment, I am convinced that the rigorous and carefully targeted stimulus measures I have set out will not only support but serve to regenerate the strength and capacity of Irish business in every sector.

Employment Support Services.

Finian McGrath

Question:

102 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [10314/09]

FÁS Employment Services provides a fully integrated nationwide range of services and supports to assist all Jobseekers and Job Changers, who can register at one of the 71 local FÁS Employment Service offices nationwide, for on-site career guidance and job placement services. FÁS Employment Services is the gateway to all FÁS training and employment programmes for Jobseekers. It is also the referral point for a range of labour market services, including vacancies, for employers. It offers jobseekers and job changers a guidance interview with an employment services officer to discuss employment opportunities, training courses, financial supports and other options which may lead to employment. It helps them to identify transferable skills which may be used in various occupational settings. A jobseeker pack, which provides information on using the job search facility on the FÁS Jobs Ireland web site, has been made available. It includes information on how to fill out an application form, prepare a CV and covering letter and prepare for a job interview. It also contains a list of useful website addresses. Jobseekers can also input their CVs directly on the FÁS Jobs Ireland database using the website www.fas.ie. Employers can access these CVs through this database and contact the Jobseeker directly to arrange a meeting. FÁS has a number of social inclusion programmes, which are targeted for specific client groups who are facing difficulties in obtaining or maintaining employment, such as the wage subsidy scheme. The FÁS National (Freephone) Call Centre (1800 611116) is available for clients who are registered with FÁS. The centre provides readily accessible details on job vacancies. FÁS Employment Services funds Job Clubs which also provide supports to clients, with a view to assisting them return to work in the shortest possible time. In addition, the FÁS website links to the EURES job mobility network database, which provides access to job vacancies in 29 countries and offers practical information such as details of the documentation needed by those seeking employment in Europe.

Work Permits.

Joe Costello

Question:

103 Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will reconsider the application in respect of a person (details supplied) in Dublin 7 for a green card work permit; and if she will make a statement on the matter. [10379/09]

This application was refused on the grounds that current Government policy is to issue new employment permits only in respect of highly skilled or highly paid positions, in respect of non-EEA nationals who are already legally resident in the State on valid employment permits or in respect of a sector of the employment market where there is an officially recognised scarcity of workers of a particular type or qualification. It appears that the foreign national referred to in the Deputy's question is currently resident in the State on a student stamp. Therefore, he is ineligible to enter full-time employment. The position on offer does not fall within the Green Card scheme. Having examined the appeal, the Appeals Officer has upheld the original decision in this case.

Compulsory Retirement Age.

Pat Rabbitte

Question:

104 Deputy Pat Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of civil servants in her Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if she will make a statement on the matter. [10812/09]

Some 204 Civil Servants in my Department — 107 females and 95 males — are not subject to a compulsory retirement age of 65 years and are free to continue to work after 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004.

Flood Relief.

Bernard J. Durkan

Question:

105 Deputy Bernard J. Durkan asked the Minister for Finance if he or his Department have carried out studies in relation to drainage needs or cleaning of watercourses, streams or rivers throughout the country with a view to the alleviation of flooding expected to arise in the future; and if he will make a statement on the matter. [10473/09]

The Office of Public Works is undertaking a Preliminary Flood Risk Assessment, as required by the EU Flood Directive, which will identify at a national level areas where there is potential significant risk from flooding. The OPW has also commenced a programme of Flood Risk Assessment and Management studies that will map the areas of the country potentially at risk and will produce for each area of significant risk identified, a plan outlining measures to address the risk, including, if appropriate, maintenance of river channels. The flood maps and proposed risk mitigation measures set out in the plans will take account of climate change scenarios. The studies, which are carried out in conjunction with the relevant local authorities, will meet the requirements of the EU Flood Directive. It is expected that the Flood Risk Assessment and Management programme will be completed within the 2015 deadline set out in that directive. A Flood Risk Assessment and Management study for the Lee catchment in Cork and the Dodder in Dublin will be completed in 2009, while similar studies for the Suir and Fingal-East Meath areas are ongoing. Pending the carrying out of Flood Risk Assessment and Management studies, the OPW has been involved in or funded a number of localised studies aimed at addressing pressing flood problems.

EU Funding.

Joanna Tuffy

Question:

106 Deputy Joanna Tuffy asked the Minister for Finance the sources of European Union funding that has been applied for and drawn down since July 2007; if this information will be provided in chronological order and in tabular form under the headings for the type of funding concerned; and if he will make a statement on the matter. [10484/09]

My Department is responsible for, amongst other things, overall policy in relation to Ireland's EU Structural and Cohesion Funds. It is responsible for drawing down the European Regional Development and Cohesion Funds which are paid into the Central Fund as a capital receipt. It also plays a central role in the development and monitoring of the programmes/projects through which the Funds are drawn down.

In addition to the EU Structural and Cohesion Funds for which my Department has responsibility, the EU provides monies to Ireland through a number of other funds principally through the Common Agricultural Policy (Guarantee Fund) for which my colleague the Minister for Agriculture, Fisheries and Food has responsibility.

Ireland has qualified for Structural Funds since we joined the EU in 1973 and for the Cohesion Fund from 1993 when it was established. However, since 2004, Ireland no longer qualifies for Cohesion Funding.

Set out below is a breakdown of receipts from the EU budget for 2007 and 2008:

€m

FEOGA FUNDS

EAGF

EAFRD

ESF

ERDF

Cohesion

Other

Total

Year

Guidance

European Agriculture Guarantee Fund

European Agricultural Fund for Rural Development

European Social Fund

European Regional Development Fund

Cohesion Fund

Including FIFG EEA/TENS EFF

2007

50.2

1,388.0

374.0

136.1

105.4

0.0

35.1

2,088.8

2008

9.0

1,450.0

356.0

79.9

126.5

0.0

41.2

2,062.6

Figures for 2008 are the provisional outturn. The table includes certain receipts that are paid directly to the relevant implementation agencies and are not received by the Exchequer.

Tourism Industry.

Beverley Flynn

Question:

107 Deputy Beverley Flynn asked the Minister for Finance the reason a decision has been taken to shorten the season for a tourist site (details supplied); and the cost savings involved in making this decision. [10282/09]

There are restrictions due to budgetary considerations on opening arrangements at visitor sites under the management of the Office of Public Works for 2009.

Many seasonal sites opened early in mid-March 2008, solely due to the contiguousness of St. Patrick's Day and the Easter Holiday period. These sites will revert to April openings at Easter in 2009. Furthermore, closing times at the autumnal shoulder of the season have been revisited in the light of visitor numbers at that time, staffing cadres and tourism impact.

The Céide Fields Visitor Centre will open on 9 April until 14 October, and will also open over the October bank holiday weekend. The review of opening arrangements at all sites was conducted with a view to achieving cost reductions of the order of 10%.

Financial Services Regulation.

Andrew Doyle

Question:

108 Deputy Andrew Doyle asked the Minister for Finance if, subject to the provision of the Ethics in Public Office Acts, a bank (details supplied) will be required to make declarations of interest; and if he will make a statement on the matter. [10294/09]

As the Deputy is aware Anglo Irish Bank Corporation is a public body for the purposes of the Ethics in Public Office Acts 1995 to 2001. The relevant employees of the bank are, by virtue of regulation 5 of SI No 699 of 2004, subject to the provisions of these Acts. It is necessary, however, to designate the positions of Chairman and members of the Board for the purposes of the Acts. The requisite Statutory Instrument, in this regard, will be laid before the Houses of the Oireachtas in the near future.

Andrew Doyle

Question:

109 Deputy Andrew Doyle asked the Minister for Finance if he will provide the board of a bank (details supplied) with national priorities and objectives to guide the risk management strategy of the bank. [10295/09]

Anglo Irish Bank is being run on arms length commercial basis. The Board of Anglo is currently preparing a comprehensive business plan which will be required to demonstrate how the Board will oversee the continued commercial operation of the bank in the best interests of the bank, the financial sector generally and the State. This report, which will include details of the proposed risk management strategy, will be submitted to me in the near future.

Also, the Government has stated that it will examine proposals for the management and reduction of risks within financial institutions with respect to specific exposures in land and development, having regard to international developments. As indicated, I will be bringing forward proposals on this as a matter of priority. Ongoing work at European Central Bank and EU level will inform the process.

Tax Collection.

Ned O'Keeffe

Question:

110 Deputy Edward O’Keeffe asked the Minister for Finance if a person (details supplied) in County Cork is entitled to a tax refund. [10303/09]

I have been informed by the Revenue Commissioners that a person may claim a refund of tax when they become unemployed, provided they have paid tax while employed in that year.

The person in question should complete a Form P 50 and submit it with their P45 (parts 2&3) to the Revenue Commissioners, PAYE Mail Centre, P O Box 63, Ennis, Co Clare.

The Form P 50 can be obtained: on-line at www. revenue.ie; by telephoning 1890 22 24 25; by E-mail to swpaye@revenue.ie.

Departmental Expenditure.

Joanna Tuffy

Question:

111 Deputy Joanna Tuffy asked the Minister for Finance the moneys which will be expended in the next three years under national development projects; the projects that funding estimates relate to; and if he will make a statement on the matter. [10304/09]

The Government recently announced its intention to examine all current and capital expenditure as part of its decision to introduce further measures to stabilise the public finances. All decisions on funding for the National Development Plan will be taken in the course of these deliberations and will be announced in the coming weeks.

Tax Code.

Finian McGrath

Question:

112 Deputy Finian McGrath asked the Minister for Finance if he will advise a person (details supplied) in Dublin 3. [10369/09]

As the Deputy will be aware, it is not customary for the Minister for Finance to comment on possible tax and expenditure changes in advance of the Budget.

Financial Services Regulation.

Thomas P. Broughan

Question:

113 Deputy Thomas P. Broughan asked the Minister for Finance if he will instruct covered institutions to greatly reduce or eliminate fixed rate release penalties on mortgages in view of the structural problems in the Irish financial and property markets since 1997; and if he will make a statement on the matter. [10371/09]

At the outset the Deputy may wish to note that the choice of mortgage product ultimately rests with consumers in light of their assessment of the terms and conditions that their lending institution offers. The decision of borrowers is influenced by a range of factors such as their personal preferences and their own assessment of the relative merits of fixed and variable rate mortgages.

Generally mortgages are for long periods. To some consumers a fixed interest rate on a mortgage offers peace of mind in that the borrower benefits from certainty regarding the cost of their mortgage, does not need to be concerned with changes in mortgage interest rates and accordingly he or she can budget more confidently.

Where a bank offers a fixed rate over a certain period it incurs additional costs in obtaining fixed or other funding in respect of the loan over the period. The additional costs will reflect both the market view in relation to future trends in interest rates for the period and the fact that longer term deposits generally attract higher interest rates than short term. In addition, if a borrower wishes to break a fixed interest rate contract prior to the end of the agreed term in order to change to a variable interest rate contract, it will generally result in funding costs for the lender concerned. If covered institutions were prohibited from charging customers for the funding costs, the price and availability of fixed rate mortgages is likely to be adversely affected.

Joe Costello

Question:

114 Deputy Joe Costello asked the Minister for Finance the number of Irish citizens who qualify for non-payment of tax here; the estimated worth of these citizens; if they pay tax in any other country; the estimated value to the Exchequer of such lost tax; if he has proposals for ending the tax exile provisions; and if he will make a statement on the matter. [10381/09]

I am assuming that by "Irish citizens who qualify for non-payment of tax here," the Deputy means Irish-domiciled individuals claiming to be non-resident for tax purposes.

I am informed by the Revenue Commissioners that Irish citizens who are non-resident for tax purposes are in general chargeable on: income arising in Ireland, for example, income from directorships, a trade or profession, rented properties etc; and gains from the disposals of land, buildings or shares deriving their value from these assets and certain other assets such as minerals in the State or other assets related to exploitation of such minerals.

In general, non-resident individuals are liable to Irish capital gains tax on disposals of land, buildings or shares deriving their value from these assets and certain other assets such as minerals in the State or other assets related to exploitation of such minerals. They are not liable to Irish capital gains tax on assets outside this category, for example, shares or equities in companies not deriving their value primarily from land, buildings, etc. There are variations on this position if the non-resident individual is ordinarily resident and/or domiciled in Ireland.

I am also informed that an individual who is not domiciled but is ordinarily resident in the State is, in general, taxable on all Irish income and on UK and foreign sourced income remitted to the State whether the individual is resident or not resident in the State.

I am advised by the Revenue Commissioners that the number of chargeable persons who claimed on their 2007 tax return that they or their spouse were not resident in the State is 5,867. This figure is based on the 2007 tax returns processed up to the end of February 2009.

There is no statutory obligation on citizens to show their worth on their tax return. Therefore, it is not possible to estimate the net worth of chargeable persons who are not resident in the State. Likewise, there is no statutory obligation on citizens to show if they have paid tax in any other country on their tax return. It is, therefore, not possible to state if chargeable persons who are not resident in the State pay tax in any other country.

There is no statutory obligation on citizens who are only taxable in the State on Irish sourced income or on income remitted to the State to return details of income or gains arising anywhere else in the world. Therefore, it is not possible to establish the amount of these incomes or gains or of any associated tax. These arrangements are fairly standard across OECD countries.

A person is regarded as resident in the State for tax purposes in a tax year if he or she spends: 183 days in the State in that year, or 280 days in aggregate in that tax year and the preceding tax year. An individual who is present in the State for 30 days or less in a tax year will not be treated as resident for that year unless he or she elects to be resident. Also, for years up to and including 2008, a day will only count as a day of presence in the State for tax residence purposes if the individual is present in the State at the end of the day.

However, section 15 Finance (No. 2) Act 2008 amended the legislation so that as respects 2009 and subsequent years an individual is regarded as present in the State for a day if he or she is present in the State at any time during that day. These rules are similar to the rules that apply in many other developed countries. As with other areas of taxation, the rules are constantly kept under review.

Joan Burton

Question:

115 Deputy Joan Burton asked the Minister for Finance if, in the course of recent discussions with financial institutions covered by the bank guarantee scheme, he asked the banks to consider waiving fees for consumers who wish to switch from a fixed to a variable rate mortgage; if such a measure was considered during recapitalisation negotiations with banks (details supplied); if he has proposals to introduce such a measure to ease the burden of mortgage repayments on hard-pressed families; and if he will make a statement on the matter. [10475/09]

Anyone taking a fixed rate mortgage knows that they are ensuring certainty for their payments over the period. In doing so they avoid the risk of rate increases, but of course they forgo the chance to benefit from rate reductions.

In general banks will try to match fixed rate loans with fixed rate funding, so that there is a real cost to them if a customer wishes to end the fixed rate agreement before the due time.

I have not discussed this issue with any representatives of the credit institutions either in the context of the bank guarantee scheme or the recapitalisation programme and I have no plans to seek to impose this requirement on any credit institution.

Joan Burton

Question:

116 Deputy Joan Burton asked the Minister for Finance if, in the course of recent discussions with financial institutions covered by the bank guarantee scheme, he asked the banks to consider freezing margins charged on variable rate mortgages; if such a measure was considered during recapitalisation negotiations with banks (details supplied); if he has proposals to introduce such a measure to ease the burden of mortgage repayments on hard-pressed families; and if he will make a statement on the matter. [10476/09]

The variable mortgage interest rates have fallen sharply in recent times. This is a major benefit to many families.

The Deputy will be aware that many lenders are conducting extensive advertising campaigns, showing that competition is a real factor on the mortgage scene. The existence of that level of competition in the mortgage lending market is sufficient, I believe, to ensure that credit institutions will reduce their rates where possible in order to remain competitive and retain their share of the market.

The Deputy will appreciate that a balance must be achieved by Government between influencing private banks through the bank guarantee scheme and other financial support incentives while at the same time being seen to have a hands-off approach to the day to day running of these institutions which must operate on a strictly commercial basis.

I have not discussed this issue with any representatives of the credit institutions either in the context of the bank guarantee scheme or the recapitalisation programme and I have no plans to seek to impose this requirement on any credit institution.

Compulsory Retirement Age.

Pat Rabbitte

Question:

117 Deputy Pat Rabbitte asked the Minister for Finance the number of civil servants who were obliged to retire on reaching the age of 65 years broken down by gender in respect of the years 2004 to 2008; the number of men included in this who had 40 or more years pensionable service on retirement; the number of women included in this who had 40 or more years pensionable service on retirement; the average pensionable service of men included in these; the average pensionable service of women included in these; and if he will make a statement on the matter. [10478/09]

The information sought by the Deputy insofar as it is available is set out in the table(s) below. However it should be noted that though an officer had 40 years pensionable service it does not necessarily mean that she/he had 40 years actual service. In some cases, an officer may have purchased service, had ill-health added years or professional added years.

Number of Civil Servants who retired at age 65 with Maximum service

Year

Male

Female

Total

2004

46

14

60

2005

48

13

61

2006

56

12

68

2007

63

7

70

2008

52

13

65

Grand Total

324

Number of Civil Servants who retired at age 65

Year

Male

Female

Total

2004

110

39

149

2005

125

39

164

2006

99

62

161

2007

120

63

183

2008

114

69

183

Grand Total

840

Average Service of Civil Servants who retired at age 65

Year

Male

Female

2004

32.7 years

29.15 years

2005

30.6 years

24.51 years

2006

33.36 years

17.82 years

2007

33.72 years

16.57 years

2008

31.4 years

17.98 years

Pat Rabbitte

Question:

118 Deputy Pat Rabbitte asked the Minister for Finance the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10479/09]

There is a total of 58 staff currently serving in my Department who have been recruited since the commencement of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 and who, under the provisions of the Act, are not subject to compulsory retirement at 65 years of age. Of the total, 36 are male and 22 are female.

These figures do not include staff on fixed term contracts which are expected to expire before they reach the minimum retirement age.

Tax Code.

Pat Breen

Question:

119 Deputy Pat Breen asked the Minister for Finance, further to Parliamentary Question Nos. 166 and 175 of 11 February 2009, if he will exempt Shannon Airport from the proposed €10 air travel tax; and if he will make a statement on the matter. [10485/09]

As the Deputy is aware, I announced in Budget 2009 that an air travel tax will come into force in respect of passengers departing from Irish airports on and from 30 March 2009. A general rate of €10 per passenger will apply, with a lower rate of €2 for shorter journeys.

The Finance (No.2) Act 2008 confirms the introduction of an air travel tax from 30 March 2009. However, I took account of concerns raised by the regional airports particularly those on the western seaboard. The lower rate of €2 will apply to departures from any Irish airport where the destination is 300kms or less from Dublin airport. This means that all Irish departures, subject to the tax, to locations such as Manchester, Liverpool and Glasgow will be subject to the €2 rate.

In addition, to assist the smaller airports I have increased the exemption threshold for airports included in the air travel tax, from 10,000 to 50,000 departing passengers in the previous calendar year. We currently face significant financial challenges and the air travel tax is an important revenue raising measure.

Ireland is not unique in regard to applying a tax on air travel. A number of countries within the EU apply similar taxes including, the UK, France and the Netherlands, as do Australia and New Zealand. The proposed rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries.

It should be recognised that tourists will only be subject to the tax on their return journey. The additional €10 or €2 in the context of a much larger purchasing decision involving travel, hotel expenditures etc. should not have much of an effect on tourist numbers. I appreciate the airline industry continues to go through a difficult period. However, this difficult trading period has, in addition to weak world economic activity, been largely driven by a massive spike in oil prices. Oil prices have now halved from the all-time high prices experienced earlier in the year.

I tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it's a sector that already has considerable preferential treatment. I have no plans to further revise the air travel tax.

Terence Flanagan

Question:

120 Deputy Terence Flanagan asked the Minister for Finance his views on correspondence (details supplied); and if he will make a statement on the matter. [10540/09]

I am advised by the Revenue Commissioners that as a general rule all vehicles imported permanently into the State must register for Vehicle Registration Tax (VRT) purposes within one working day of arrival. This rule applies equally to vehicles imported by EU and non EU persons. In practice, Revenue allows latitude of a maximum of seven days for registration.

However, Section 135 (a) of the Finance Act 1992 permitted a European or other foreign-registered vehicle which was temporarily brought into the State by a person established outside the State, to be exempted from the requirement to register for VRT purposes for a period normally not exceeding 12 months from the date upon which the vehicle concerned was brought into the State.

Section 64 of the Finance (No.2) Act 2008 amends this section to provide for the registration (without the payment of VRT) of vehicles temporarily brought into the State for a period greater than 42 days.

When the new temporary registration system comes into effect, the vehicle owner will be required to register with Revenue and receive a temporary number plate, which will have to be displayed on the vehicle. This will provide a mechanism whereby Revenue can maintain a record of vehicles benefiting from this exemption, quickly identify applicants who are not eligible for a temporary exemption and must immediately pay any VRT due; and identify vehicles coming to the end of a period of temporary exemption (i.e. one year), so that VRT can be collected when it becomes due. In addition the amendment provides that vehicles seeking temporary registration will be required to undergo a pre-registration test as a pre-condition for registration.

The Deputy may wish to note that Revenue mobile units and An Garda Síochána continue to monitor both Irish and foreign-registered vehicles on our roads as part of their regular and ongoing enforcement activity. For their part, Revenue mobile units challenged 20,669 vehicles last year. Of these, some 15,231 satisfied Revenue officials that the registration status was in order at that particular time and no further action was taken. 5,438 vehicles required further investigation and action including registration and payment of VRT, seizure of vehicle, export of vehicle, grant of transfer of residence relief or temporary exemption, and reports for prosecution. In addition to the VRT collected, penalties totalling €1,109,315 were imposed in respect of these vehicles. In 2008, some 55,000 second hand vehicles were registered and the total VRT paid amounted to €190m.

Services for People with Disabilities.

Denis Naughten

Question:

121 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 487 of 24 September 2008 and a subsequent meeting (details supplied), if she will report on the progress to date on the issues involved; and if she will make a statement on the matter. [10283/09]

As stated in the reply to Parliamentary Question No. 487 of 24 September 2008, the matter raised by the Deputy relates to service matters. Therefore I have arranged for the question to be referred to the Health Service Executive for direct reply.

Health Services.

Denis Naughten

Question:

122 Deputy Denis Naughten asked the Minister for Health and Children the objective behind primary, community and continuing care reviews of home help services; and if she will make a statement on the matter. [10296/09]

Home Help services are provided by the HSE under its Primary, Community and Continuing Care Directorate. The Executive undertakes reviews of its wide range of services, to ensure that such services are provided in the best possible manner. In the circumstances, the question relating to the particular service raised by the Deputy has been referred to the HSE for direct reply.

Ned O'Keeffe

Question:

123 Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding an application in respect of a person (details supplied) in County Cork. [10305/09]

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

Finian McGrath

Question:

124 Deputy Finian McGrath asked the Minister for Health and Children if she will ensure that a service (details supplied) is supported in 2009 despite the downturn in the economy. [10316/09]

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.

Mental Health Services.

Dan Neville

Question:

125 Deputy Dan Neville asked the Minister for Health and Children if the investigation into patient care issues at a hospital (details supplied) in County Tipperary is complete; if so, when will the report be published; and if she will make a statement on the matter. [10317/09]

The Mental Health Commission has carried out an inquiry under Section 55 of the Mental Health Act 2001 into care and practice in a County Tipperary hospital. This inquiry has been completed and the inquiry report is currently under consideration by the Commission.

Medical Cards.

Lucinda Creighton

Question:

126 Deputy Lucinda Creighton asked the Minister for Health and Children her plans regarding the availability of a product (details supplied) under the medical card scheme. [10325/09]

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

Health Services.

Billy Timmins

Question:

127 Deputy Billy Timmins asked the Minister for Health and Children the position in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [10335/09]

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

Rory O'Hanlon

Question:

128 Deputy Rory O’Hanlon asked the Minister for Health and Children when she will introduce universal newborn hearing screening to identify infants with significant hearing loss; and if she will make a statement on the matter. [10340/09]

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

Hospitals Building Programme.

Terence Flanagan

Question:

129 Deputy Terence Flanagan asked the Minister for Health and Children the cost to date in relation to the development of the new national paediatric hospital; the contracts in place for this project; the amount of public money spent on these contracts; and if she will make a statement on the matter. [10343/09]

The National Paediatric Hospital Development Board was established in May 2007. Its primary function is to plan, design, build, furnish and equip the new National Paediatric Hospital. The HSE is working closely with the Board in progressing the project.

Medical Cards.

Jan O'Sullivan

Question:

130 Deputy Jan O’Sullivan asked the Minister for Health and Children the number of letters sent out by the Health Service Executive to medical card holders in the over 70 years age group asking them to state whether their income was over the eligibility guidelines; and if she will make a statement on the matter. [10480/09]

In early January 2009, 164,142 letters were sent by the Health Service Executive (HSE) to medical card holders aged 70 or over asking them to inform the Executive by 2nd March 2009 if their gross weekly income exceeds the specified income thresholds. A further 179,930 letters were issued by the HSE to medical card holders aged 70 or over assuring them that they would retain their card and that they were not required to take any further action as long as their circumstances have not changed since they obtained their card or that they do not change in the future.

Jan O'Sullivan

Question:

131 Deputy Jan O’Sullivan asked the Minister for Health and Children the procedure for termination of medical cards in respect of persons who are above the new income guidelines; and if she will make a statement on the matter. [10481/09]

Jan O'Sullivan

Question:

132 Deputy Jan O’Sullivan asked the Minister for Health and Children if, in relation to medical card holders who are aged over 70 years, there are legal penalties applicable to those persons who do not supply the information requested; if the Health Service Executive or her Department has a legal power to secure this information; and if she will make a statement on the matter. [10482/09]

I propose to take Questions Nos. 131 and 132 together.

Under the Health Act 2008, automatic entitlement to a medical card for persons aged 70 and over ended on 31st December 2008. With effect from 1st January, 2009, the income thresholds for entitlement to a medical card for those aged 70 and over are €700 (gross) per week (€36,500 per year) for a single person and €1,400 (gross) per week (€73,000 per year) for a couple.

In early January 2009, the HSE wrote to persons aged 70 and over who were medical card holders on 31st December 2008, informing them that either they will continue to hold their card or, if they consider that they are over the income thresholds, they should advise the HSE by 2nd March 2009, after which date their medical card is no longer valid.

Under the new arrangements, a much simplified system of assessment for eligibility was introduced in respect of persons aged 70 and over, based on gross income rather than net income, as applies otherwise for means-testing of eligibility for medical cards.

The simplified approach taken for persons aged 70 and over who held a medical card prior to 31st December 2008 is close to a self-assessment system. In introducing the measures, I emphasised my belief in the honesty and integrity of the vast majority of older persons in our society.

There are measures in the legislation that allow for the sharing of data between State agencies and the Health Service Executive (HSE) to allow the HSE to verify in any particular case if the person has income, as declared, under the gross income limit.

Long-standing provisions of the Health Act 1970, as amended, continue to apply. For instance, under Section 49 (1) there is a requirement for a person to notify the HSE of any change in his/her circumstances which would render him/her ineligible for services. In addition, under Section 50, when a person has obtained a service and it is later ascertained that he/she was not entitled to the service, the HSE may charge the individual for any services provided to him/her for the period for which he/she had no entitlement. Failure to notify the HSE or the use of a service one is not entitled to is an offence on summary conviction.

The Health Act 2008 provides that the HSE shall provide any necessary supports to any person aged 70 or over in the making of an application for a medical card where, by reason of any incapacity, such person requests such assistance.

Community Care.

Róisín Shortall

Question:

133 Deputy Róisín Shortall asked the Minister for Health and Children her views on whether carers save the Exchequer in excess of €2 billion each year; and if she will make a statement on the matter. [10489/09]

I am aware that the Carers Association issued a press release earlier this year, indicating their view that Ireland's family carers save the State over €2.5 billion per annum.

I have, on numerous occasions, acknowledged the tremendous role played by all family carers, including those relating to older people and people with disabilities. The Government has, over recent years, provided significant additional investment either to put in place, or expand, a range of community based services such as Home Helps, Home Care Packages, Day/Respite Care, and Meals-on-Wheels. All of these are designed to support recipients and their families, so that those requiring care can remain in their own homes and communities for as long as possible.

The Government fully appreciates the valuable role carers make to society, which complements the significant Exchequer funding provided annually in this area.

Housing Aid for the Elderly.

Finian McGrath

Question:

134 Deputy Finian McGrath asked the Minister for Health and Children her views on the case in respect of a person (details supplied) in Dublin 5. [10494/09]

The Special Housing Aid for the Elderly previously operated by the Health Service Executive is no longer operational. The scheme was replaced by the Housing Aid for Older People (HAOP) Scheme in August 2008. The new scheme is being administered by the Local Authorities.

Pending finalisation of the handover, a decision on all remaining applications from the original scheme will be made jointly by the HSE and Local Authorities. As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services.

Finian McGrath

Question:

135 Deputy Finian McGrath asked the Minister for Health and Children her views on the case in respect of persons (details supplied) in Dublin 3. [10495/09]

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

Compulsory Retirement Age.

Pat Rabbitte

Question:

136 Deputy Pat Rabbitte asked the Minister for Health and Children the number of civil servants in her Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if she will make a statement on the matter. [10815/09]

The provisions set down in the Public Service Superannuation (Miscellaneous Provisions Act) 2004 relate to new entrants to the Civil/Public Service from 1st April 2004, including officers who were previously employed in the public/civil service. The information sought by the Deputy is outlined in the table below. These figures do not include the Office of the Ombudsman for Children or staff seconded in to my Department from other government departments or public service bodies.

Male

Female

Total

Number of Staff (Wholetime Equivalent)

2.00

11.40

13.40

Number of Staff (Headcount)

2.00

12.00

14.00

Light Rail Project.

Finian McGrath

Question:

137 Deputy Finian McGrath asked the Minister for Transport if the metro north project is going ahead; and the approximate cost of same. [10313/09]

Good progress continues to be made on the Metro North Project. The first round of tenders for the Public Private Partnership contract were submitted to the Railway Procurement Agency (RPA) on 27th February 2009. These tenders will now be evaluated by the RPA.

On 2nd March, 2009 An Bord Pleanála held a preliminary planning hearing into RPA's application for a railway order and the Oral Hearing is likely to commence in the coming weeks. An Bórd Pleanála has indicated its intention to give a decision on the application before 4 September, 2009.

As I have stated previously, I am not in a position, given its commerciality sensitivity, to give any information in relation to the cost of Metro North in advance of the completion of the public procurement process.

In accordance with the requirements of the Government decision on Transport 21, Metro North will be submitted to Government for a final decision on the project on the completion of the tender process.

Harbour Authorities.

Dan Neville

Question:

138 Deputy Dan Neville asked the Minister for Transport when the harbour authorities will be subject to the freedom of information legislation. [10347/09]

Policy with regard to State bodies undergoing or pending significant restructuring is that their inclusion under freedom of information legislation should be deferred until the restructuring process is complete.

The harbour authorities are currently undergoing a programme of change that will result in the transfer of the harbours in most instances to local authorities, which are already subject to freedom of information legislation.

Compulsory Retirement Age.

Pat Rabbitte

Question:

139 Deputy Pat Rabbitte asked the Minister for Transport the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10819/09]

There are eighty two (82) staff in my Department, twenty seven (27) of whom are female, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004.

Asylum Support Services.

John O'Mahony

Question:

140 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the location and cost of running accommodation centres for asylum seekers and refugees which are being rented and unoccupied in tabular form; and if he will make a statement on the matter. [10289/09]

The Reception & Integration Agency (RIA) is responsible for the accommodation of asylum seekers while their application for asylum is being processed. The RIA does not rent or lease any properties for the purposes of carrying out its remit but rather contracts-in a suite of services, including accommodation and catering, for this purpose. The RIA has no unoccupied accommodation centres in its portfolio.

Closed Circuit Television Systems.

Brian Hayes

Question:

141 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a closed circuit television scheme in an area (details supplied) in Dublin 1; if funding will be provided for this scheme; and if he will make a statement on the matter. [10328/09]

I refer the Deputy to my reply to parliamentary Question No. 216 of Wednesday 11 February, 2009 which sets out the latest position.

Visa Applications.

Seán Ó Fearghaíl

Question:

142 Deputy Seán Ó Fearghaíl asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Question No. 357 of 10 February 2009, he will elaborate on the reasons given for refusing a visa in this case; and if he will make a statement on the matter. [10342/09]

The visa application referred to by the Deputy was received in the Visa Office, Dublin on 5 January 2009. Following consideration by a Visa Officer, it was refused on 2 February 2009, for a number of reasons:

1. The evidence of finances submitted was deemed insufficient in that the reference did not provide bank statements or a P60 for 2008;

2. The applicant was previously refused an Irish visa. Furthermore, in additional information supplied, the applicant indicated that he was refused entry to the United Kingdom;

3. The Visa Officer, in considering the application including additional information supplied by both the reference in the State and the applicant, noted inconsistencies concerning the date of the birth of the applicant. The Visa Officer was not satisfied with the explanations provided.

The decision of the Visa Officer may be appealed within two months of the date of decision, in this case before 2 April 2009. Guidelines on making an appeal can be found on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Garda Investigations.

Billy Timmins

Question:

143 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the situation with respect to the investigation into a death (details supplied); and if he will make a statement on the matter. [10360/09]

I am informed by the Garda Authorities that, at the time, a comprehensive investigation was launched, which involved the arrest of persons in connection with the murders and other related offences. Following lengthy judicial proceedings, a person was brought before the Special Criminal Court last year on kidnapping charges. The person was acquitted on all charges before the Court. I am further informed by the Garda Authorities that the investigation file into these murders and related offences remains open.

Finian McGrath

Question:

144 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform his views on the case in respect of a person (details supplied) in Dublin 3. [10370/09]

I am informed by the Garda authorities that the location referred to is in the Clontarf Garda Sub-District. Members of the local Community Policing Unit have spoken to the person referred to by the Deputy and were informed that, while property had gone missing from outside the person's house, it was located a short distance away within a short time. For that reason the matter had not been reported to An Garda Síochána. Crime prevention and personal security advice was provided to the person.

I am further informed that local Garda management is not aware of other incidents of public disorder or anti-social behaviour occurring in the area referred to. Any complaints received by the Garda authorities are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings.

Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Visa Applications.

Eamon Gilmore

Question:

145 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the reason a person holding a valid green card must apply and pay for a re-entry visa each time they leave the State; and if he will make a statement on the matter. [10372/09]

All visa required nationals must hold a valid visa to enter or re-enter the State regardless of their status. It is open to the individual to apply for a multi-entry visa which will facilitate several journeys to and from the State.

Citizenship Applications.

Róisín Shortall

Question:

146 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 180 of 25 February 2009, if guidelines exist on the way good character is to be judged by his Department and himself in assessing an application for naturalisation; if he will publish these guidelines; and the section in these guidelines in which it indicates that violating a no right turn traffic ban may allow him or his Department officials to conclude that the person is of not of good character. [10491/09]

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 if he is satisfied that certain statutory conditions are fulfilled. One such condition is that the applicant must be of good character.

There are no guidelines relating to the judgement of good character. My officials make enquiries with a number of external agencies as part of the normal processing of applications. Enquiries are made with An Garda Síochána to check if the person has come to the adverse attention of the Garda since arriving in the State. Enquiries are also made to assess an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. A submission is prepared by my officials in each case, I evaluate this submission including any recommendations expressed by my officials, and from time to time it may be necessary to seek additional information if the particular circumstances of a case require it.

Once I am satisfied I have sufficient information to make my decision, I then decide in my absolute discretion whether to grant or refuse an application based upon all of the information presented to me.

Asylum Applications.

Finian McGrath

Question:

147 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform his views on the case in respect of a person (details supplied). [10493/09]

The person concerned applied for asylum on 20 May 1998 as a minor dependant of his adult brother. As a result, any decision taken in relation to the adult brother of the person concerned applied equally to the person concerned.

The brother of the person concerned was granted permission to remain in the State on the basis of his marriage to an Irish national, until 26 May 2000. This permission was subsequently renewed until 26 May 2001. This permission also applied to the person concerned. The person concerned formally withdrew his asylum application on 24 June 1999.

The adult brother of the person concerned and his Irish spouse separated in 2000 and, as a consequence, his application for renewal of his permission to remain in the State was refused. This decision applied equally to the person concerned.

In 2003, the person concerned applied for a certificate of naturalisation but this application was refused as the person concerned was deemed to have insufficient periods of legal/reckonable residence in the State.

The marriage of the adult brother of the person concerned was annulled by Court Order dated 22 June 2004. As a result, a notice of intention to deport letter, as provided for under Section 3 of the Immigration Act, 1999 (as amended), issued to the person concerned on 3 August 2004.

The case of the person concerned was examined under Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the prohibition of refoulement following which, on 1 December 2005, the then Minister for Justice, Equality and Law Reform signed a Deportation Order in respect of him. Notice of this Order was served on 7 December 2005. The person concerned was deported the following day.

In early 2009, the person concerned applied for a visa at the Visa Office in the Irish Embassy in London. This application was refused. The decision to refuse the visa application, and the reasons for refusal, was conveyed in writing to the person concerned by letter dated 3 February 2009. The visa application was refused because the person concerned remains the subject of a Deportation Order.

It is open to the person concerned to submit an appeal addressing the stated refusal reason within two months of the date of this notification, in this case before 3 April 2009. Outside of this time frame a fresh visa application must be made.

The communication included as part of this Parliamentary Question has requested the revocation of the Deportation Order. This request will shortly be considered by Officials in my Department. When a decision has been made on this request, this will be conveyed in writing to the person concerned.

Garda Operations.

Aengus Ó Snodaigh

Question:

148 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the policy and procedures that gardaí must follow in relation to detainees who self harm or attempt suicide while in Garda custody. [10544/09]

Aengus Ó Snodaigh

Question:

149 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case in respect of a person (details supplied) in County Donegal; if he will provide a Garda report into the circumstances of the detention; if the gardaí on duty that night followed all policy and procedures in relation to these type of unfortunate incidents; the reason no medical help was sought for the person; and the reason the person’s family was not notified of his attempt on his life while in Garda custody. [10545/09]

I propose to take Questions Nos. 148 and 149 together.

The treatment of persons in custody in Garda stations is governed by the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987. The objective of the Regulations is to ensure that members of the Garda Síochána act with due respect for the dignity and personal rights of persons in custody. The Regulations include provision for the assignment of a member of the Garda Síochána in each Garda station to be responsible for ensuring that the treatment of persons in custody is in accordance with the Regulations.

The responsibilities conferred by the Regulations on members include provisions which are designed to ensure the welfare of persons in custody and to ensure that persons receive medical treatment from a doctor where necessary (regulation 21). Failure to comply with the Regulations on the part of a member of the Garda Síochána constitutes a breach of discipline. In relation to the specific case referred to by the Deputy, I have asked the Garda authorities for the information requested and I will respond directly to the Deputy as soon as possible.

Compulsory Retirement Age.

Pat Rabbitte

Question:

150 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after the age of 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10816/09]

The compulsory retirement age of 65 was removed for all ‘new entrants' (as defined in the Public Service Superannuation Miscellaneous Provisions Act, 2004) recruited on or after 1 April 2004. There are 632 staff (235 male and 397 female) currently serving in my Department who were recruited since 1 April 2004, the vast majority of whom may serve after the age of 65.

Passport Applications.

Billy Timmins

Question:

151 Deputy Billy Timmins asked the Minister for Foreign Affairs the situation with respect to an application for a passport in respect of a person (details supplied); when the application was made; the response they received; and if he will make a statement on the matter. [10346/09]

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 on 1 March 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.

Last 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.

Compulsory Retirement Age.

Pat Rabbitte

Question:

152 Deputy Pat Rabbitte asked the Minister for Foreign Affairs the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10814/09]

There are 127 civil servants in my Department who commenced employment in the Civil Service after 1 April 2004 and are therefore not subject to compulsory retirement at age 65. Of these 127 staff, 52 are male and 75 are female.

Sports Funding.

Olivia Mitchell

Question:

153 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the annual subsidy to the National Aquatic Centre in each full year since it reopened; and if he will make a statement on the matter. [10358/09]

The subsidy provided to the National Aquatic Centre in 2007 and 2008 was €1.862 million and €1.030 million respectively. As I said in the House on the 3rd March the NSCDA undertook an international benchmarking study comparing the performance of the Centre against other equivalent facilities around the world. The message from this study is that all publicly accessible pools receive direct or indirect subsidies from governments, local authorities, sports councils, universities and other similar organisations.

Compulsory Retirement Age.

Pat Rabbitte

Question:

154 Deputy Pat Rabbitte asked the Minister for Arts, Sport and Tourism the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10807/09]

A total of 20 civil servants in the Department are not subject to a compulsory retirement age of 65 years and are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004. The breakdown by gender is 10 male and 10 female.

Security of the Elderly.

Beverley Flynn

Question:

155 Deputy Beverley Flynn asked the Minister for Community, Rural and Gaeltacht Affairs if the scheme of community support for older people will be extended to provide support for carbon monoxide alarms. [10281/09]

I am pleased to advise the Deputy that carbon monoxide monitors and similar devices are eligible for support under the Scheme of Community Support for Older People where they are supplied as part of a personal security device or smoke alarm system.

Rural Social Scheme.

Paul Connaughton

Question:

156 Deputy Paul Connaughton asked the Minister for Community, Rural and Gaeltacht Affairs if there will be new applicants admitted to the rural social scheme before April 2009; if new applicants will be allowed in during the remainder of 2009; the reduction in the allocation of funds towards the cost of materials that has taken place; if there is a reduction in capital spending; the savings in 2009 as a result of the cutbacks; his views in view of the massive rise in unemployment that more people should be employed on the rural social scheme and taken off the dole; and if he will make a statement on the matter. [10284/09]

At present there is a provision for 2,600 participant and 130 supervisor places on the RSS. To facilitate the annual renewal of participant contracts during April 2009, no new participants will be admitted to the Rural Social Scheme until this process has been completed.

In the current economic circumstances all aspects of the operation of the scheme are under review in order to ensure that current levels of participation can be maintained as far as possible. Some cost saving measures, which include a reduction in the materials grant paid, are being implemented. The situation regarding allocations towards materials payments the filling of vacancies and additional numbers etc. will then be considered, in the context of my Department's final vote allocations.

Water and Sewerage Schemes.

Ulick Burke

Question:

157 Deputy Ulick Burke asked the Minister for Community, Rural and Gaeltacht Affairs if he will confirm that this Department will not be providing funding of new group water schemes during 2009; the reason for same; if it is proposed to renew accepting new applications for funding towards new schemes during the remainder of 2009 and 2010; and if he will make a statement on the matter. [10319/09]

Ulick Burke

Question:

158 Deputy Ulick Burke asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the consequences of the decision not to provide funding for new group water schemes in County Galway; and if he will make a statement on the matter. [10320/09]

I propose to take Questions Nos. 157 and 158 together.

CLÁR Water and Sewerage schemes were closed to new applications on the 8th August 2008. I am fully aware of the great work that has been done under the CLÁR Group Water Scheme measure over the last number of years and that many schemes could not have been completed without the extra funding provided by CLÁR.

Against the background of the current economic climate I am reviewing the CLÁR programme as a whole, having regard to demand, the funding available and the level of outstanding commitments. In this context, I will consider the reintroduction of modified Water and Sewerage measures when circumstances allow.

Community Development.

Joanna Tuffy

Question:

159 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the funding which will be made available for the staffing of a hall (details supplied) in Dublin 20; and if he will make a statement on the matter. [10322/09]

Joanna Tuffy

Question:

160 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the funding which will be made available for the staffing of a hall (details supplied); and if he will make a statement on the matter. [10323/09]

I propose to take Questions Nos. 159 and 160 together.

I would refer the Deputy to my reply to Question No. 128 on 4th March. My Department is currently concluding contract details with the South Dublin VEC to enable funding of the order of €450,000-€500,000 to be provided in 2009 under the Community Services Programme to ensure that services provided at four dual-use school and community facilities are maintained. While separate figures have not been established for each of the four facilities, my understanding is that the VEC intends to provide services of equal quality across the four centres.

Denis Naughten

Question:

161 Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the value of each application submitted to his Department from counties Roscommon and Leitrim under the school outdoor play facilities enhancement scheme; and if he will make a statement on the matter. [10337/09]

Since the CLÁR Primary School Outdoor Play Facilities Enhancement Scheme was introduced in 2004, 37 schools in County Leitrim and 66 schools in County Roscommon have applied for and have been allocated funding on a 50:50 basis between the Department of Education and Science and the Department of Community, Rural and Gaeltacht Affairs. There is one recently received application from Co. Roscommon on hand and a decision will be made in this case as soon as possible.

The following tables detail the full list of approvals for both counties.

Approvals to Schools in Counties Leitrim and Roscommon

Leitrim 2004

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Rossan N.S.

17558W

Carrigallen East

10,000

7,500

Carra Droma Ruisc/Scoil na Maighdine Muire

17906T

Carrick-On-Shannon

10,000

7,500

Drimnamore N.S.

17132L

Carrick-on-Shannon

10,000

7,500

Achad na Measa

14339S

Aghavas

10,000

7,500

Achadh na Sileann

19365V

Carrick-on-Shannon

10,000

7,500

Carrigallen N.S.

16474L

Carrigallen East

10,000

7,500

Drumlease N.S.

15382B

Dromahaire

10,000

7,500

Drumshambo Central

19423J

Drumshambo

10,000

7,500

Fatima N.S.

18741S

Carrick-on-Shannon

10,000

7,500

Four Masters

20079E

Kinlough

10,000

7,500

Glebe N.S.

17206O

Kinlough

10,000

7,500

Gortletteragh Central

15960P

Carrick-on-Shannon

10,000

7,500

Leitrim Mixed N.S.

01125B

Carrick-on-Shannon

10,000

7,500

Diffreen N.S.

17125O

Manorhamilton

10,000

7,500

St Brigids N.S,

19519W

Kiltubrid

10,000

7,500

Manorhamilton N.S./St Clares PS

17233R

Manorhamilton

10,000

7,500

Naomh Brighid N.S.

18492A

Carrick-on-Shannon

10,000

7,500

Na Craoibheleithe N.S.

16951T

Drumkeeran

10,000

7,500

Mhuire na Toirbhirte

18822S

Carrick-on-Shannon

10,000

7,500

Achadh Mhaolain N.S.

16932P

Ballinamore

10,000

7,500

Naomh Caillin

15194A

Carrick-on-Shannon

10,000

7,500

St Brigids N.S. (Drumkeeran Central N.S.)

19360L

Drumkeeran

8,000

6,000

Leckaun N.S./Naomh Mhuire

18329M

Sramore

10,000

7,500

Annaduff Mixed N.S.

13656C

Carrick-On-Shannon

10,000

7,500

St. Josephs N.S.

13770A

Mohill

10,000

7,500

Newtowngore N.S.

09353I

Carrick-On-Shannon

9,000

6,750

Scoil Náisiunta Naomh Pádraig, Tarmon N.S

18139H

Dromahair

10,000

7,500

Masterson’s NS

08390J

Manorhamilton

10,000

7,500

SN Bhríd Naofa

13614J

Ballinmore

19,800

7,500

TOTAL

30

296,800

215,250

Roscommon 2004

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Rooskey N.S./Our Lady of Mount Carmel

04800F

Carrick-on-Shannon

10,000

7,500

Naomh Michael & Padraig

19720P

Boyne Urban

10,000

7,500

Kilmore N.S./Dangan NS

17571O

Carrick-on-Shannon

10,000

7,500

Granlahan G.N.S.

15664L

Ballinlough

10,000

7,500

Grange N.S.

15584N

Boyle Urban

10,000

7,500

Clooncagh N.S.

16291D

Strokestown

10,000

7,500

Clochar na Trocaire

15043C

Boyle Rural

10,000

7,500

Aughrim N.S.

14684M

Boyle Urban

10,000

7,500

Carrick Mixed N.S.

16009H

Ballinlough

10,000

7,500

Tulsk N.S.

16034G

Tulsk

10,000

7,500

Ballinlough N.S.

11943S

Ballinlough

10,000

7,500

Ardkeerin N.S.

15217J

Boyle Urban

10,000

7,500

Brusna N.S.

17904P

Ballaghadereen

10,000

7,500

Castleplunkett N.S./Scoil Chiaráin Naofa

15545D

Castleplunkett

10,000

7,500

Naofa Padraig N.S.

17283J

Boyle Rural

10,000

7,500

Naofa Lassair N.S.

17622F

Lough Allen

10,000

7,500

St Mary’s NS/Ballinagare N.S.

17266J

Ballaghaderreen

10,000

7,500

Strokestown N.S./St Mary’s Convent NS

17808T

Strokestown

10,000

7,500

Abbeycarton N.S.

19809I

Elphin

10,000

7,500

St. Josephs B.N.S

15628H

Boyle Urban

10,000

7,500

Strabaggin N.S.

19257S

Lough Allen

10,000

7,500

Naofa Padraig N.S.

17748E

Ballaghaderreen

10,000

7,500

Cill Ronain N.S.

06100K

Boyle Urban

10,000

7,500

Naofa Padraig N.S.

15045G

Strokestown

10,000

7,500

Naofa Padraig N.S.

13978B

Boyle Rural

10,000

7,500

Naofa Michil N.S.

05220P

Carrick-on-Shannon

10,000

7,500

Cruachain N.S.

18012G

Boyle Urban

10,000

7,500

Baile Ui Fhidhne N.S./Ballyfeeney NS

18432F

Ballaghaderreen

10,000

7,500

Mount Talbot

14056G

Lismaha

3,500

2,625

Feevagh N.S.

18005J

Turrock

1,205

904

Kilteevan

14966W

Kilteevan

9,750

7,312.50

Cloontuskert N.S.

18116S

Cloontusket

10,000

7,500

Gortaganny N.S.

16127N

Artagh South

19,080

7,500

Scoil N Nhuire

17709R

Carrick-On-Shannon

10,000

7,500

Naomh Attrachta

18182I

Boyle Rural

10,000

7,500

Rathcroghan N.S.

17094G

Ballinagare

8,100

6,075

Ballintleva

18729F

Turrock

9,648

7,236

TOTAL

37

361,283

264,152.50

Leitrim 2005

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

St Marys NS

19600F

Carrigallen East

6,500

4,875

TOTAL

1

6,500

4,875

Roscommon 2005

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Scoil Muire Gan Smal

15557K

Killtullagh

59,625

7,500

TOTAL

1

59,625

7,500

Leitrim 2006

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Hunt NS

08673V

Mohill / Maothail

9,500.00

7,125.00

St Michaels NS

19255O

Munakill

12,000.00

7,500.00

Cornagee NS

18181G

Yugan

3,000.00

2,250.00

Ardverney NS

15116D

Dromahaire

9,500.00

7,125.00

St Patricks BNS

18656E

Ballinamore

4,050.00

3,037.50

St Aidan’s N.S.

13908D

Conray

10,000.00

7,500.00

TOTAL

6

48,050.00

34,537.50

Roscommon 2005

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Corrigeenroe NS/ SN Naomh Treasa

18454P

Killbryan

13,000.00

7,500.00

Ballinameen NS

14925I

Kilcolagh / Cill Chomhlach

31,228.00

7,500.00

St Ciarans NS

18194P

Fuerty

1,000.00

750.00

Ballyleague NS

18061T

Cloontuskerrt

10,000.00

7,500.00

Glannduff NS

18626S

Carnagh

2,500.00

1,875.00

Attyrory NS

16816N

Ballydangan

6,500.00

4,875.00

Clooneyquinn NS

18027T

Clooneyquinn

10,000.00

7,500.00

Ballymurray NS

12964I

Mote (part of)

10,000.00

7,500.00

St Bride’s NS

16334S

Ballintubber

10,000.00

7,500.00

S.N. Naomh Eoin NS

18272J

Lecarrow

10,000.00

7,500.00

Srabbaghns NS

11201U

Kilmore

10,000.00

7,500.00

Camcloon N.S

15980V

Ballydangan

10,000.00

7,500.00

Tisrara NS

18165I

Lismaha

9,254.79

6,941.01

Lisacul NS

13047A

Artagh North

13,780.00

7,500.00

St Attracta’s NS

19980S

Ballaghadeereen

12,000.00

7,500.00

The Don NS

15255R

Loughglynn

7,930.60

5,947.95

St Ronan’s NS

15614T

Taughmaconnell

11,238.77

7,500.00

Scoil Mhuire

18571T

Scregg

10,000.00

7,500.00

Castletsampson NS

12003V

Castlesampson

5,975.00

4,481.25

TOTAL

19

194,407.16

122,370.21

Roscommon 2007

School

Roll No.

D.E.D.

Total Cost

CLÁR / DES

Boyle Parochial School

17329H

Boyle

12,433.00

7,500.00

Tarmon

13757I

Castlerea

13,440.00

7,500.00

Clonown NS

16427C

Clonown

12,800.00

7,500.00

Roxboro N.S.

18742U

Kilbride South

20,000.00

7,500.00

Lisaniskey N.S.

14356S

Donamon

10,000.00

7,500.00

St. Michael’s School

19789F

Castlereagh

3,070.00

2,302.50

Runnamoat N.S.

16815L

Cloonygormican

10,384.55

7,500.00

St. Ciaran’s N.S.

19368E

Ballydangan

10,000.00

7,500.00

St. Anne’s N.S.

13198V

Castlereagh

7,890.00

5,917.50

TOTAL

9

100,017.55

60,720.00

Compulsory Retirement Age.

Pat Rabbitte

Question:

162 Deputy Pat Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10809/09]

Under the Public Service Superannuation (Miscellaneous Provisions) Act 2004, there are 31 civil servants in my Department who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after that age. These 31 civil servants can be broken down on a gender basis as follows: female, 14 ; male, 17.

Social Welfare Code.

Brendan Howlin

Question:

163 Deputy Brendan Howlin asked the Minister for Social and Family Affairs if, in the context of the forthcoming budget, consideration is being given to a reduction in the signing on requirements to qualify for back to education allowance in order that persons who have lost their jobs as a result of the recession may take up available third level places without losing their social welfare entitlements; and if she will make a statement on the matter. [10311/09]

The back to education allowance (BTEA) scheme is designed to help those in receipt of a social welfare payment who have not worked for a period of 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 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 before 21 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 the unemployed, the qualifying period for the third level option is reduced to 9 months for persons who are participating in the National Employment Action Plan process.

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. Recipients of Jobseeker's Allowance or Jobseeker's Benefit who qualify for participation in the back to education scheme must provide written confirmation from the relevant institute of education that they are registered as full-time students. They are not required to sign-on the Live Register while attending an approved course of study.

The requirement to be in receipt of a 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. The scheme will continue to be monitored in the light of the changed economic circumstances to ensure that it continues to meet its objectives.

Departmental Expenditure.

Leo Varadkar

Question:

164 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the monthly and annual cost of each additional 100 people claiming under the various back to work schemes and programmes operated by her Department; and if she will make a statement on the matter. [10324/09]

There are two strands of the back to work scheme; back to work enterprise allowance (BTWEA) for self employed and back to work allowance (BTWA) for employees. The allowance is payable at a tapered rate of the qualifying payment. The self employed strand is payable at 100% of the qualifying payment in year one, 75% in year two, 50% in year three, and 25% in year four. Participants on the employee strand receive 75% of the qualifying payment in year one, 50% in year two, and 25% in year three.

In 2008, the total expenditure on the scheme was €73.14m and at the end of December 2008 there were 8,162 participants of whom 4,604 were availing of the self-employment option. A total of €80.34m has been provided for the scheme in 2009. Based on figures available, the average weekly cost per person on the back to work scheme is €165.49. It is estimated that the annual cost of an additional 100 people on the back to work allowance is in the region of €877,000.

National Carers Strategy.

Róisín Shortall

Question:

165 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the reason she has not published the national carers strategy. [10490/09]

During 2008 an interdepartmental group, chaired by the Department of the Taoiseach, with secretariat support provided by my Department, undertook work, including a public consultation process to develop a National Carers' Strategy. While a number of drafts were produced covering the areas outlined in the terms of reference, a final text was not completed by the working group.

Faced with the current economic situation, it was not possible to set targets or time lines which could be achieved. In that context, rather than publishing a document which did not include any significant plans for the future, the Government decided not to publish a strategy at this time. I appreciate that it is disappointing for carers and the people for whom they care. I met with some of their representatives last week to inform them of this difficult decision taken by Government. The Government is acutely aware of the sacrifices made by carers 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, half-rate carer's allowance and the respite care grant have been introduced and extended.

In relation to income supports, 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. It is estimated that the combined expenditure on carer's allowance, carer's benefit, the respite care grant and half-rate carer's allowance will be €650 million in 2009. The Department of Social and Family Affairs is committed to continuing to work with the carer representative groups to deliver services in the most effective way and to support the carer groups in the valuable work they do in helping carers.

Compulsory Retirement Age.

Pat Rabbitte

Question:

166 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs the number of civil servants in her Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if she will make a statement on the matter. [10817/09]

There are currently 711 Civil Servants in my Department who are not subject to a compulsory retirement age of 65 years as they were recruited on or after 01 April 2004. The following table sets out the breakdown by gender.

Gender

Totals

Female

474

Male

237

Total

711

147 of the above staff are aged 45 years or older and 564 are under 45 years of age.

Ministerial Travel.

Fergus O'Dowd

Question:

167 Deputy Fergus O’Dowd asked the Minister for Defence his policy for using military helicopters in respect of transport within Ireland; if he is required to approve such travel requests; the names of Ministers and dates of travel for each time a military helicopter has been used to transport Government Ministers since 1 January 2008; the cost of such travel; and if he will make a statement on the matter. [10291/09]

Fergus O'Dowd

Question:

168 Deputy Fergus O’Dowd asked the Minister for Defence the number of operational Irish military helicopters based here; the number of operational Irish military helicopters based with Irish military operations overseas; and if he will make a statement on the matter. [10292/09]

I propose to take Questions Nos. 167 and 168 together.

There are a total of ten helicopters in operational service with the Air Corps at present, comprising six AW139 utility helicopters, two EC135 P2 light utility helicopters and two Garda Air Support Unit EC135 T2 helicopters, which are owned by the Department of Justice, Equality and Law Reform and operated by the Air Corps. All ten helicopters are based at Casement Aerodrome, Baldonnel. There are no Air Corps helicopters based overseas.

The eight military helicopters are operated by the Air Corps in a general purpose military operational and training role. Primary taskings include security, aid to the civil power, military exercises, infantry interoperability training and limited troop transport. They are also used to perform air ambulance, inland Search and Rescue, aid to the civil authorities, community support, ministerial and VIP transport tasks.

Air Corps helicopters are used from time to time for ministerial air transport in situations where, for operational reasons, fixed wing aircraft may not be available, the point of destination may not be close to an airport and in circumstances where there is a requirement for greater flexibility than can be delivered by fixed wing aircraft. In 2008, ministerial transport represented approximately 5% of total helicopter flying hours. Requests for Ministerial use of helicopters are subject to the prior approval of An Taoiseach. Once approved, all operational matters are settled directly between the office of the Minister in question and the Department of Defence or Air Corps.

Details of Ministerial use of Air Corps helicopters since 1 January 2008 is set out in the following table. The Department of Defence follows the normal practice in the aviation business of costing aircraft by reference to the cost per flying hour under either of two headings:

(a) The direct cost, i.e. the costs which are additional to those associated with having the aircraft and which only arise when the aircraft is flown including maintenance, fuel and support services; and

(b) The total cost, i.e. the direct cost plus the costs associated with having the aircraft, i.e. depreciation and personnel costs

The current rates per hour used to establish these costs in relation to helicopters are also set out in the tabular statements. The costs are an approximation to actual costs.

Helicopter 2008

Date

Aircraft

Ministerial Time On Board

Route

Requesting Minister

31/01/2008

EC 135

80

Phoenix Park – Templemore – Phoenix Park

Justice, Equality and Law Reform

01/02/2008

AW 139

90

Baldonnel – Mullingar Barracks – Galgorm Manor Ballymena – St Patricks Drumcondra – Baldonnel

An Taoiseach

08/02/2008

AW 139

40

St Patricks Drumcondra – Waterford

An Taoiseach

23/03/2008

EC 135

100

Sarsfield Barracks – Phoenix Park – Sarsfield Barracks

Defence

25/03/2008

EC 135

60

Kilkenny Barracks – Farranfore, Killarney

Education & Science

26/03/2008

EC 135

120

Killarney, Farranfore – Wexford – Baldonnel

Education & Science

04/04/2008

EC 135

30

St Patricks, Drumcondra – Ritz Carlton Powerscourt – Phoenix Park

An Taoiseach

11/04/2008

EC 135

100

St Patricks, Drumcondra – Ashford Castle – St Patricks, Drumcondra

An Taoiseach

11/04/2008

EC 135

45

Galway – Phoenix Park

Health

14/04/2008

EC 135

50

Sarsfield Barracks – Phoenix Park

Defence

09/04/2008

EC 135

55

Baldonnel – Galway

Health

17/04/2008

EC 135

30

Phoenix Park – Ballyraggart Kilkenny

Agriculture Fisheries & Food

18/04/2008

EC 135

70

Mount Juliet – Finner Camp

Agriculture Fisheries & Food

29/04/2008

EC 135

20

Phoenix Park – Mount Wolsely Hotel Carlow

Justice, Equality and Law Reform

01/05/2008

AW 139

115

Baldonnel – Sarsfield Barracks – Sligo Airport – Finner – Sarsfield Barracks – Baldonnel

Defence

01/05/2008

AW 139

60

Baldonnel – Kilkenny Barracks – Baldonnel

Justice Equality & Law Reform

30/05/2008

AW 139

100

Sarsfield Barracks – Phoenix Park – Sarsfield Barracks

Defence

29/05/2008

EC135

120

Dundalk Barracks – Waterford Airport – Dundalk Barracks

Justice Equality & Law Reform

30/05/2008

AW 139

90

UCD – Castleisland

Health

10/06/2008

EC 135

70

Sarsfield Barracks – Curragh – Sarsfield Barracks

Defence

19/06/2008

EC 135

100

Sarsfield Barracks – Baldonnel – Sarsfield Barracks

Defence

15/08/2008

AW 139

80

Baldonnel – Omagh (Lisanelly) – Tullamore (Harriers) – Baldonnel

Taoiseach

26/08/2008

AW 139

100

Sarsfield Barracks (Limerick) – Curragh Camp – Sarsfield Barracks

Defence

05/09/2008

EC135

55

Knock Airport – Waterford Airport

Arts,Sports &Tourism

10/09/2008

EC135

40

Phoenix Park – Kilkenny Castle

Defence

12/09/2008

EC135

80

Sarsfield Barracks (Limerick) – Phoenix Park – Sarsfield Barracks (Limerick)

Defence

13/09/2008

AW 139

60

Frosses Football Pitch (Donegal) – City West Hotel (Dublin)

Tanaiste (Enterprise Trade & Employment)

23/09/2008

AW 139

45

Farmleigh House – Cuffesgrange (Kilkenny) – Tullamore (Harriers) – Curragh

Taoiseach

23/09/2008

AW 139

45

Baldonnel – Cuffesgrange (Kilkenny) – Baldonnel

Tanaiste (Enterprise Trade & Employment)

03/10/2008

AW 139

85

St Pats (Drumcondra) – Cork (UCC) – Tullamore (Harriers) – Baldonnel

Taoiseach

31/10/2008

EC 135

100

Trim (New GAA Pitch) – Foynes GAA Pitch (Limerick) – Trim (New GAA Pitch)

Transport

04/11/2008

AW 139

70

Phoenix Park – Lough Erne Hotel (Enniskillen) – Dundalk Barracks – Baldonnel

Justice

08/11/2008

AW 139

100

Sarsfield Barracks (Limerick) – Tullamore(Harriers) – Phoenix Park – Tullamore (Harriers) – Sarsfield Barracks (Limerick)

Taoiseach/Defence

30/11/2008

EC135

65

Baldonnel – Tullamore (Harriers) – Race Course Wexford – Kilkenny Barracks

Taoiseach

05/12/2008

AW 139

120

Baldonnel – Dundalk Barracks – Sarsfield Barracks – Dundalk Barracks – Baldonnel

Justice, Equality & Law Reform

04/12/2008

AW 139

60

Phoenix Park – Cork Airport

Tanaiste

09/12/2008

AW 139

100

Baldonnel – Galway – Baldonnel

Education & Science

Helicopter 2009

Date

Aircraft

Ministerial Time On Board

Route

Requesting Minister

30/01/2009

AW139

120

Baldonnel – Dundalk Barracks – Clanree Hotel (Letterkenny) – Dundalk Barracks – Baldonnel

Justice, Equality & Law Reform

29/01/2009

AW139

45

Belfast City – Baldonnel

Foreign Affairs

06/02/2009

AW139

90

Knightsbrook Hotel, Trim – Shannon – Knightsbrook Hotel, Trim

Transport

23/02/2009

AW139

45

Shannon Airport – Trim GAA Pitch

Transport

02/03/2009

AW139

110

Baldonnel – Waterford Airport – Killarney/ Farranfore Airport – Baldonnel

Arts Sport & Tourism

The costs associated with Air Corps helicopters used in provision of Ministerial Air Transport Service are as follows:

Aircraft

Average Direct Cost Per Hour

Average Total Cost Per Hour

EC 135

430

1,590

AW 139

1,470

3,130

Defence Forces Staff.

Aengus Ó Snodaigh

Question:

169 Deputy Aengus Ó Snodaigh asked the Minister for Defence if he will request that the military authorities alter the service record of a person (details supplied) in Dublin 12. [10333/09]

Aengus Ó Snodaigh

Question:

170 Deputy Aengus Ó Snodaigh asked the Minister for Defence the reason a person (details supplied) in Dublin 12 was refused an AF154, army driving permit, for the purpose of obtaining a driving licence. [10334/09]

I propose to take Questions Nos. 169 and 170 together.

I am advised by the Military Authorities that the individual concerned was a qualified driver in the Cavalry Corps of the Permanent Defence Force until his discharge in 1972. The facility whereby a member of the Permanent Defence Force could apply for a driving licence on foot of a military driving permit was introduced by virtue of the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1980 (S.I. No. 334 of 1980) and applied only to those permit holders who were members of the Permanent Defence Forces within the five years preceding the application . As the individual concerned was discharged from the Permanent Defence Force in 1972 he was not eligible to apply for a driving licence under this provision.

The facility whereby a member of the Reserve Defence Force could also apply for a driving licence on foot of a military driving permit was introduced by virtue of the Road Traffic (Licensing of Drivers) Regulations, 1999 (S.I. No. 352 of 1999) and similarly applied only to those permit holders who were members of the Defence Forces in the five years preceding the application. As the individual concerned was discharged from the reserve in 1981 he was not eligible to apply for a driving licence under this provision.

Having regard to the above, I do not consider that any change to the individual's service record is warranted.

Compulsory Retirement Age.

Pat Rabbitte

Question:

171 Deputy Pat Rabbitte asked the Minister for Defence the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10810/09]

There are 13 male and 18 female civil servants in my Department who are not subject to a compulsory retirement age of 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004.

Question No. 172 answered with Question No. 39.

Urban Renewal Schemes.

Brian Hayes

Question:

173 Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the status of a regeneration project (details supplied) in Dublin 1; and if he will make a statement on the matter. [10329/09]

In February 2009, my Department issued approval to Dublin City Council to proceed to detailed design stage for the proposed redevelopment of Liberty House. My Department is currently awaiting Dublin City Council's detailed proposal for this project.

Private Rented Accommodation.

Olwyn Enright

Question:

174 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the way a tenant ensures the enforcement of the requirements of the building regulations under the Building Control Act 1990, in particular in relation to the transfer of noise; and if he will make a statement on the matter. [10341/09]

Part E (Sound) of the Building Regulations sets out the requirements in relation to sound insulation in buildings, including dwellings. Technical Guidance Document E (TGD-E) provides guidance on how to comply with Part E.

Responsibility for compliance with the Regulations is a matter for the owner or builder of a building. Responsibility for enforcement of the Regulations rests with the 37 local Building Control Authorities.

A tenant in private rented residential accommodation is entitled to refer a dispute to the Private Residential Tenancies Board (PRTB), provided that the matter is within the obligations of the landlord in the first place. In this regard, Section 16(h) of the Residential Tenancies Act 2004 provides that a tenant shall not behave in an anti-social way which, under Section 17(1) (c) can mean "persistent behaviour that prevents or interferes with the peaceful occupation of a dwelling". A complaint can, therefore, be brought to the PRTB on noise grounds.

In relation to local authority tenants, the management and maintenance of Local Authority housing stock is a matter for each individual Authority under Section 58 (1) of the Housing Act, 1966. If a Local Authority tenant is a cause of noise, this should be covered by the tenancy agreement. Under Article 83 (1) (i) of the Housing Regulations 1980, amongst the conditions of tenancy are that the tenant shall not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to neighbours.

While there is already a wide range of measures in place to deal with noise from a variety of sources, I am currently preparing proposals to strengthen the existing legislation on noise pollution in accordance with the commitment in the Programme for Government. I intend that the new legislation will take a more integrated approach to the subject. There will be a greater emphasis on Codes of Practice for construction, commercial and domestic situations. Local Authorities will have stronger enforcement powers to deal with nuisances from particular noise sources, such as continuously sounding alarms, and I also see the need to extend the powers of An Garda Síochána in certain circumstances. There will, in addition, be measures to increase awareness of noise nuisance and of how it can be remedied.

Joe Costello

Question:

175 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the number of landlords who are registered with the Private Rented Tenancies Board nationwide and in Dublin; the number of units of accommodation involved in each sector; the steps the board takes to have non-compliant landlords registered; the estimated number of landlords nationwide and in Dublin who have yet to register; and if he will make a statement on the matter. [10380/09]

I have no function in these matters as the operation of tenancy registration is the responsibility of the Private Residential Tenancies Board (PRTB), an independent statutory body established under the Residential Tenancies Act 2004.

Nevertheless, it should be noted that since its establishment, the Board has achieved considerable success in the registration of tenancies and I understand that in excess of 210,000 active tenancies are currently registered. This represents 103,000 active landlords and some 362,000 active tenants. It is not possible to estimate the number of landlords who have yet to comply with the registration requirements of the Residential Tenancies Act 2004. It is nonetheless noteworthy to compare the number of tenancies now registered with the previous system of registration with local authorities when registrations did not exceed 30,000.

The PRTB enforces registration requirements in accordance with the provisions of the Residential Tenancies Act 2004, specifically sections 144 and 145 which provide for the issuing of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement. Since 2004, the Board has examined almost 8,000 cases of non-registration and has subsequently issued over 11,000 enforcement notices to landlords and/or occupiers of dwellings.

Water and Sewerage Schemes.

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has sought or received information from the various local authorities detailing financial or technical requirements in respect of improvement or upgrading of domestic water supply facilities throughout the country with particular reference to the need to eliminate pollution or potential pollution; and if he will make a statement on the matter. [10382/09]

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of small or medium sized sewerage schemes expected to receive capital funding from his Department through the various local authorities in 2009; the number of applications on hand in respect of which he has been unable to make a capital allocation; and if he will make a statement on the matter. [10383/09]

Bernard J. Durkan

Question:

178 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the full extent of sewerage facility capital projects expected to arise following his capital allocation to various local authorities in respect of 2009; if he will quantify the extent to which this is expected to meet the requirements as set out by the various local authorities; and if he will make a statement on the matter. [10384/09]

I propose to take Questions Nos. 176 to 178, inclusive, together.

Water Services Authorities are required by my Department to undertake regular assessments of needs for new or upgraded infrastructure in their areas as an input to the overall strategy for meeting water services infrastructural requirements. In carrying out these assessments, authorities take a range of factors into account, including:

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

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

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

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

continued support for economic activity and the National Spatial Strategy.

The last needs assessments produced by Water Services Authorities were taken into account in the selection and scheduling of the schemes approved for funding under my Department's Water Services Investment Programme 2007-2009, which is available in the Oireachtas Library. I envisage that further needs assessments will be undertaken this year as an input to an updated Water Services Investment Programme.

In addition, my Department allocates annual block grants to Water Services Authorities under the devolved Rural Water Programme on the basis of prioritised work programmes. Additional information in relation to progress on individual projects under the Water Services Investment and Rural Water Programmes may be obtained from the relevant Water Services Authority.

The continued high level of capital investment in the water services sector in recent years, involving Exchequer expenditure of €4.15 billion in the period 2000 — 2008, is a clear statement of the priority assigned by Government to the preservation and protection of our water resources, to meeting EU standards for drinking water and wastewater treatment and to providing critical new water and wastewater infrastructure.

Question No. 179 answered with Question No. 94.

Waste Management.

Bernard J. Durkan

Question:

180 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if a decision has been made as to the future role for recycling, incineration and landfill in respect of waste management; if a review of such requirements has been undertaken; and if he will make a statement on the matter. [10386/09]

Bernard J. Durkan

Question:

181 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his departmental review of waste management has been completed; and if he will make a statement on the matter. [10387/09]

I propose to take Questions Nos. 180 and 181 together.

The Programme for Government includes a commitment to undertake a review of waste management policy. Consultants have been engaged to undertake a study to underpin this policy review. The study will address how better to implement waste prevention and minimisation in the particular context of the emergence of new technologies for waste management, particularly those for the mechanical and biological treatment of waste which can reduce the need for both incineration and landfill. The review may well indicate a continuing role for incineration in our future waste management strategy but I do not envisage it being on anything like the scale that was previously envisaged.

I anticipate that the study will be completed by mid-2009 and published shortly thereafter. In the context of its recommendations I will bring necessary policy and legislative proposals to Government.

Question No. 182 answered with Question No. 39.

Air Quality.

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has studied the results of air pollution monitoring at various locations throughout the country; if such results are expected to prompt him to take specific action; and if he will make a statement on the matter. [10471/09]

Monitoring at permanent and mobile monitoring stations by the EPA and local authorities confirms that air quality in Ireland is good. In addition to monthly reports on ozone, particulate matter and nitrogen dioxide, the EPA also publishes an annual report on air quality. My Department keeps this data under ongoing review to identify any significant trends which might emerge and also meets regularly with the EPA on air quality issues. The EPA reports are available to the public at:

http://www.epa.ie/whatwedo/monitoring/air/data/

As part of the Programme for Government commitment on monitoring air quality, my Department requested the EPA to undertake an overall review of the adequacy of the air quality monitoring network in light of population change in urban areas. The EPA is expected to deliver this report shortly.

Housing Grants.

Bernard J. Durkan

Question:

184 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will allocate or approve, increases in the funding available to the local authorities for disabled persons’ grants and essential repair grants; and if he will make a statement on the matter. [10472/09]

The Housing Adaptation Grant Schemes for Older People and People with a Disability are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. In the case of the old Disabled Persons and Essential Repairs Grant Schemes, these were funded by 67% recoupment available from my Department together with a 33% contribution from the resources of the local authority.

As regards funding of the Schemes in 2009, my Department has been in regular contact with all local authorities on a range of relevant issues including the levels of activity experienced under the schemes in 2008, the levels of claims on hand, the degree to which prioritisation of applications has taken place and the anticipated levels of activity in 2009.

I am conscious of the need for local authorities to be able to deploy available resources as early as possible in order to maximise their impact for households availing of the schemes. Therefore, local authorities will be notified of their capital allocations in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability, immediately following the publication of the Revised Estimates for Public Services 2009.

Estate Management.

Bernard J. Durkan

Question:

185 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the unprecedented growth in estate management companies and the tenuous legal basis on which some such companies are imposing financial burdens on residents; and if he will make a statement on the matter. [10474/09]

My Department has no function in relation to the operation of estate management companies. These companies, comprising of the owners of dwellings, are generally constituted under the Companies Acts and are required to operate in compliance with company law and their own Memorandum and Articles of Association.

Similarly, my Department does not maintain any statistics regarding management companies; instead, the Companies Registration Office is the central repository of public statutory information on Irish companies and is the statutory authority for registering new companies.

Both the Companies Registration Office and the operation of companies in compliance with company law come within the area of responsibility of the Minister for Enterprise, Trade and Employment.

The Government has recently approved the drafting of the general scheme of the Multi-Unit Developments Bill 2009, which will address a range of matters arising from the Law Reform Commission's Report of June 2008. The Department of Justice, Equality and Law Reform has the lead role in progressing the Multi-Unit Developments Bill 2009, with input from the Department of Enterprise, Trade and Employment and my Department as necessary.

Water and Sewerage Schemes.

Simon Coveney

Question:

186 Deputy Simon Coveney asked the Minister for the Environment, Heritage and Local Government the funding that has been set aside for the lower harbour sewerage scheme in Cork; the planned starting date for the project; and if he will make a statement on the matter. [10492/09]

The Cork Lower Harbour Sewerage Scheme is approved for funding in my Department's Water Services Investment Programme 2007-2009 at an estimated cost of €73.5 million.

My Department will complete its assessment of Cork County Council's Preliminary Report for this scheme following confirmation from the Council of the approval by An Bord Pleanála of the Environmental Impact Statement for the scheme.

Business Improvement Districts.

Arthur Morgan

Question:

187 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of business improvement districts in operation throughout the State and their locations. [10541/09]

The establishment of a business improvement district scheme is a matter for local authorities. I have no function in the matter.

Local Authority Housing.

Kieran O'Donnell

Question:

188 Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local Government the amount of the promised €28 million funding going to the Limerick Regeneration Agency in 2009 and its purpose; the amount going to Limerick City Council and its purpose; the amount going to Limerick County Council and its purpose; the amount going to Clare County Council and its purpose; the dates when the funding will be paid; and if this information will be made available in tabular form. [10542/09]

I refer to the reply to Question No. 391 of 10 March 2009. This situation remains unchanged.

Private Rented Accommodation.

Róisín Shortall

Question:

189 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the average monthly rent per unit paid to commercial landlords by size of dwelling; and the ways in which the overall rental bill is being reduced in line with the general drop in rents. [10546/09]

Róisín Shortall

Question:

190 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the average monthly rent per unit paid to commercial landlords by local authorities; and the ways in which the overall rental bill is being reduced in line with the general drop in rents. [10547/09]

I propose to take Question Nos. 189 and 190 together.

The average rent paid per month by local authorities to private landlords participating in the Rental Accommodation Scheme (RAS) and broken down by local authority and unit size, is set out in the following tables:

Table 1: Average monthly rent paid to private landlords by unit size

Unit Size

Average Monthly cost

1 Bed

501

2 Bed

663

3 Bed

734

Table 2: Average monthly rent paid to private landlords by local authority

Local Authority

Average Monthly Rent

Carlow

745

Cavan

490

Clare

669

Cork County

690

Cork City

875

Donegal

501

Dublin City

1045

Dún Laoghaire -Rathdown

1021

Fingal

1081

Galway City

686

Galway County

611

Kerry

720

Kildare

868

Kilkenny

657

Laois

673

Leitrim

650

Limerick City

751

Limerick County

734

Longford

465

Louth

736

Mayo

693

Meath

660

*Monaghan

n/a

North Tipperary

678

Offaly

746

Roscommon

609

Sligo

618

South Dublin

977

South Tipperary

627

Waterford City

682

Waterford County

566

Westmeath

410

Wexford

611

Wicklow

902

*No Monaghan private rents paid in 2007.

Both sets of costs set out above are based on the 2007 figures supplied to my Department by local authorities. The information for 2008 is being sought currently.

The amount of rent paid to private landlords through RAS is a matter for individual authorities, having regard to the need to obtain value for money. Guidance from my Department in relation to this matter emphasises the need for authorities to obtain competitive prices for property. Having regard to the benefits to landlords in joining the scheme, in most circumstances authorities obtain discounts on the prevailing market rates.

Additional guidance in relation to rental negotiations in respect of the Rental Accommodation Scheme has been developed and is due to issue from my Department shortly.

Compulsory Retirement Age.

Pat Rabbitte

Question:

191 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10813/09]

My Department currently has approximately 153 staff (88 male and 65 female) who are not subject to a compulsory retirement age of 65 in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions) Act, 2004.

Inland Fisheries.

Andrew Doyle

Question:

192 Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural Resources his views on a ban on eel fishing; if he has considered the impact of such a regulation on the eel fishermen through the regulatory impact analysis procedure; and the reason for closing down a traditional economic activity when a partial reduction of fishing effort would support the stock and reduce the economic impact on fishermen. [10301/09]

Michael D. Higgins

Question:

193 Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources if he is in a position to reply to the concern expressed as to the adequacy of the scientific information upon which the recent proposal for a complete ban on eel fishing was introduced in view of the fact that it has been suggested that the European Commission does not favour a complete ban. [10377/09]

I propose to take Questions Nos. 192 and 193 together.

Following scientific research conducted by the International Council for the Exploration of the Sea (ICES), indicating that the European eel stocks are in a critical state, the EU introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The Regulation requires the Irish authorities to prepare a national Eel Management Plan for implementation from 1 July 2009 or from the earliest possible time before that date.

The Regulation does not require transposition into Irish law and the Minister already has powers under the Fisheries Acts to conserve and protect inland fisheries stocks. In the circumstances, a Regulatory Impact Assessment (RIA) was not required. Given that the Eel Regulation did not constitute a significant regulation under the RIA Guidelines a screening RIA was not appropriate either. The Department did, however, carry out a public consultation on the draft eel management plan in 2008. Some 16 submissions were received largely from eel fishermen representatives and, while acknowledging the decline in stocks, these sought to continue fishing.

The impact assessment published in November 2005, when the Council Regulation was first introduced by the EU Commission, recognised the conservation measures that might be employed including reduction in fishing, increases in restocking, improvements in water quality, modification to dams and turbines and assisted migration as measures that could form part of eel management plans, all of which have different social and economic consequences. It also identified that "the key element to retain is that a failure to act will result in a disappearance of all eel fishing and aquaculture sectors if the stock decline continues".

The EU target is clearly defined in the Regulation where it states that the objective of each Member State's Eel Management Plan shall be to reduce anthropogenic mortalities so as to permit with high probability the escapement to sea of at least 40% of the silver eel biomass relative to the best estimate of escapement that would have existed if no anthropogenic influences had impacted the stock. In other words, the Regulation requires that 4kg of eels escape to sea for every 10kg that would have escaped if people didn't kill any or stop any migrating, and the number of elvers coming into the water was as high as it ever was.

Ireland's level of escapement is currently estimated at only 24%. Given the critical status of the eel stock, as demonstrated in the assessment contained in the draft National Eel Management Plan, a number of management measures have been identified as necessary to reach the target set in the EC Regulation, including closure of the commercial and recreational fishery from 2009. It is also necessary to mitigate the impact of hydropower on escapement, to ensure upstream migration of juvenile eel at barriers and to improve water quality.

The decision to cease the eel fishery was taken, based on the best scientific advice available (the nature of which I have elaborated on in replies to recent Parliamentary Questions), as a conservation measure to support a recovery of the stock in the shortest time possible. I am advised that if all measures proposed are adopted and if other EU Member States take a similar conservative approach, the recovery period could be as long as 90 years (i.e. an average of 4 eel generations). A partial closure of the fishery or a more relaxed approach to the other management measures would have extended this recovery period to a very significant extent.

Over the coming months, Ireland's draft eel management plan, along with those of other Member States, has to be evaluated by the European Commission as to their adequacy in delivering the objectives of the Eel Regulation. Neither I nor the Department has received any indications as to the Commission's attitude to the plan to date.

Under the Regulation, all aspects of the plan must be reviewed in 2012. This review will consider, inter alia, whether the eel fishery and market could be reopened in any river basin district in light of the data gathered in the interim and the performance of the stocks. When the last 20 years of poor recruitment is taken into account, I am advised that it is likely that the adult eel stock in Irish waters will continue to decline for at least the next decade.

I am aware that the closure of the fishery will have an impact on licensed eel fishermen who have been actively fishing and I have requested that the Central Fisheries Board and BIM explore diversification options with eel fishermen representatives. The Trap and Transport operations to be undertaken by the ESB, as mitigation of the impact of hydropower schemes as part of the draft plan, may also offer opportunities for a limited number of eel fishermen.

Telecommunications Services.

Paul Connaughton

Question:

194 Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources when broadband services will be available to a person (details supplied) in County Mayo; if the local exchange at Ballinrobe-Hollymount has been upgraded to supply broadband; the radius of Hollymount village which will be provided with broadband if the exchange at Ballinrobe-Hollymount is upgraded; and if he will make a statement on the matter. [10285/09]

The enabling of exchanges for broadband purposes is a matter for the owners of the relevant exchanges. It is anticipated that the facilitation of greater competition via the introduction of broadband from different technology platforms should encourage the more rapid enabling of exchanges for broadband.

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 required infrastructure for the purposes of 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.

The general areas of Hollymount, Co. Mayo will be covered by the NBS. However, 3 is not in a position, at this juncture, to predict the progression of site rollout in advance of obtaining the necessary planning permissions. One month prior to the NBS being launched in any given area, 3 will implement a marketing campaign to announce the forthcoming service availability. The campaign will include, inter alia, local press and outdoor advertising.

Details of the areas to be covered by "3" under the NBS are available at www.three.ie/nbs. The Ballinrobe area in County Mayo is currently served by at least one service provider and does not fall within the NBS coverage area. A list of service providers offering broadband services in any particular location is available at www.broadband.gov.ie.

Paul Kehoe

Question:

195 Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources the company that is extending broadband services here; the person who appoints the surveying contracts work; and if he will make a statement on the matter. [10350/09]

Broadband service providers operate in a fully liberalised market, regulated by the Commission for Communications Regulation, ComReg, the independent regulator and are therefore independent in the performance of their functions.

I launched the National Broadband Scheme (NBS) on the January 22nd this year. My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the NBS. 3 is currently planning the construction and rollout of the required infrastructure for the purposes of the provision of the service. All works, including surveying contracts work, relating to the rollout of this infrastructure are a matter for 3.

Energy Efficiency.

Paul Kehoe

Question:

196 Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources the schemes available to householders for insulation of houses; the way they avail of same; and if he will make a statement on the matter. [10351/09]

Together with the Minister for the Environment, Heritage and Local Government, I recently launched the National Insulation Programme for Economic Recovery. The three-pronged Programme underpins the Government's commitment to improve the energy efficiency of our housing stock whilst reducing our carbon emissions and creating employment in the energy services sector.

The Home Energy Saving (HES) Scheme is the largest element of the Programme with a budget of €50 million in 2009. This scheme has the potential to support the upgrade of in excess of 27,500 homes in 2009. Sustainable Energy Ireland (SEI) estimates that demand for this scheme could ultimately exceed 100,000 homes.

Homeowners can expect to save up to €700 per year on their energy bills if they install the full suite of measures available under the scheme. The scheme offers grants of up to 40% of the typical cost of energy efficiency upgrade measures, varying depending on the measure concerned. A list of eligible measures and fixed grant rates is set out in the following table.

Measure

Fixed grant rate

Roof Insulation

250

Cavity Wall Insulation

400

Internal Wall Insulation

2,500

External Wall Insulation

4,000

High Efficiency Boiler with Heating Controls Upgrade

700

Heating Controls Upgrade Only

500

Building Energy Rating Assessment

200

The scheme is open to anybody owning a house that was built prior to 2006. Homeowners and landlords will be able to apply under the scheme later this month. In the meantime, homeowners can register their interest with SEI or at hes@sei.ie. Homeowners may arrange to have a building energy rating carried out immediately, if they wish, but this is not a requirement for participation in the scheme. However, homeowners should not undertake work until they have received grant approval from SEI.

The National Insulation Programme for Economic Recovery will also greatly assist those on low incomes or in social housing. The second element of the Programme, the Warmer Homes Scheme (WHS), is designed to assist private households on low incomes, such as those in receipt of Fuel Allowance, Invalidity or Disability Benefit. The scheme provides for the installation of a range of energy efficiency measures, including cavity wall insulation, attic insulation, boiler lagging jackets, draught proofing measures and Compact Fluorescent Lamps (CFLs). Advice is also provided to householders on minimising energy use. The WHS provides these measures free or at a nominal cost to the householder.

Some €20 million has been made available to the WHS in 2009. This greatly increased level of funding is expected to support energy efficiency interventions in up to 15,000 low income homes in this year alone. There are 21 community based organisations (CBOs) currently delivering the WHS which represents just over two-thirds of the country. Under our initiative to extend the scheme nationwide in 2009, SEI plans to commence the introduction of new CBOs to the scheme from the end of March 2009.

A number of improvements to the WHS have been introduced over the past few months, including a new free-phone service designed to assist eligible homeowners in identifying their nearest provider. If outside of current coverage, their details are be recorded and notified as soon as the service becomes available in their area. In addition, a new website — www.wellandwarm.ie — has been launched, which allows homeowners, neighbours and relatives to find out more information about the WHS and a range of other measures that are available to those most in need. A complementary information booklet — Keep Well and Warm — has also been published this month and will be widely disseminated.

Further information on the WHS is available by calling 1800-250204, by emailing warmerhomes@sei.ie or at www.sei.ie/Grants/Warmer_Homes_Scheme.

The third element of the National Insulation Programme for Economic Recovery will involve providing similar energy efficiency upgrade measures in social housing. Improving the energy efficiency of local authority housing is a key objective for the Government, and to that end, a fund of some €50m has been set aside in 2009 to support the development and implementation of a comprehensive energy efficiency programme. This programme will include a number of elements including support for the first round of Towards Carbon Neutral and insulation retrofitting projects. In addition, the funding will be used to assist local authorities in improving the energy rating of dwellings due to be re-let during the year and to advance the overall energy efficiency in apartment complexes. The Minister for the Environment, Heritage and Local Government will be making further announcements on this element of the programme in due course.

Offshore Exploration.

Michael D. Higgins

Question:

197 Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources if, in view of the continuing conflict in relation to the Corrib gas field and the request for transparency, he is in a position to indicate the persons who were the consultants used to inform the decision on the original concession; and if he is satisfied that no conflict of interest was involved. [10378/09]

Consultants Posford Haskoning, Environmental Resources Management (ERM) and Andrew Johnston were engaged in 2002 to inform decisions on the consents relating to the Corrib Gas Field granted to construct a gas pipeline pursuant to Section 40 of the Gas Act 1976 as amended, on 15 April 2002, consent to the Plan of Development under Section 13 of the Petroleum and Other Minerals Development Act 1960, as amended, granted on 15 April 2002 and the Foreshore Licence under Section 3 of the Foreshore Act 1933 granted on 17 May 2002.

These consultants were experts in their respective fields and were engaged subject to normal procurement and tendering rules. I am not aware of any conflict of interest arising.

Broadcasting Services.

Emmet Stagg

Question:

198 Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources the possibility of the promised diaspora channel going ahead in 2010; and if he will make a statement on the matter. [10503/09]

Section 3(1)(b) of The Broadcasting Act 2007 requires RTÉ to establish and maintain a television broadcasting service and a sound broadcasting service, which services shall be made available, in so far as the RTÉ Authority considers reasonably practicable, to Irish communities outside the island of Ireland.

In this regard, RTÉ has reviewed the potential for providing these services over different media, including via the Internet and on the UK Freesat service.

RTÉ is proposing to pursue and expand access to its programming via the Internet, and has highlighted that this will be available to the Irish abroad. However, RTÉ has informed the Department that its plans to launch a Freesat service in the UK in early 2009 have been postponed. RTÉ has indicated that this decision was made as a result of the economic downturn, which has adversely affected RTÉ's commercial service, and is part of a necessary cost saving exercise being undertaken by RTÉ this year. RTÉ has indicated that this decision may be reviewed if circumstances change significantly in the course of the year.

Telecommunications Services.

Jack Wall

Question:

199 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources his views on whether the recent announcement (details supplied) regarding the extension of broadband to rural communities will adequately service the demand for broadband in these communities; and if he will make a statement on the matter. [8919/09]

Jack Wall

Question:

200 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the timeframe involved in the extension of broadband to rural communities in view of the importance of broadband to rural communities; and if he will make a statement on the matter. [8947/09]

Jack Wall

Question:

201 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the steps, with regard to his statement on 22 January 2009 regarding the announcement of the national broadband scheme, his Department is taking to ensure the early roll-out of the scheme in those areas of the country for which he has ministerial responsibility; and if he will make a statement on the matter. [8970/09]

I propose to take Questions Nos. 199 to 201, inclusive, together.

Following the conclusion of a competitive tendering process, my Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). The NBS will deliver broadband to certain targeted areas in Ireland in which broadband services are not available. 3 will be required to provide services to all residences and businesses that fall within the NBS area and who seek a service. In order to facilitate competition in the area, 3 is also required to provide wholesale access to any other authorised operator who wishes to serve residences and businesses in the NBS area.

3 is currently planning the construction and rollout of the infrastructure required for the provision of the service. Challenging roll out targets are contained in the contract with 3. Services will begin to be rolled out in April 2009 and the entire NBS area must be covered by September 2010.

I am satisfied that the NBS will provide a quality broadband service in the NBS coverage area and will bridge the current digital divide for rural communities. Details of the areas to be covered by "3" under the NBS are available at www.three.ie/nbs.

Compulsory Retirement Age.

Pat Rabbitte

Question:

202 Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10808/09]

There are currently 22 Civil Servants employed in my Department who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years, in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004. Of this number, 14 are female and 8 are male.

Grant Payments.

Denis Naughten

Question:

203 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will be awarded their farm waste management grant; and if he will make a statement on the matter. [10306/09]

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. I have also announced that a special ex-gratia payment not exceeding 3.5 per cent 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. Payment of the first instalment of 40 per cent will be made very shortly by my Department to the person concerned.

Denis Naughten

Question:

204 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if he will approve funding for a farm waste grant in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [10310/09]

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 per cent to farmers approved for payment has commenced 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 per cent 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.

Denis Naughten

Question:

205 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive his payment; if checks will be made on the application; when these will be made; and if he will make a statement on the matter. [10312/09]

The person named was approved for payment in respect of five months in 2008 and the first phase of his payment issued on 5 March 2009. The balance will issue as soon as possible.

Ulick Burke

Question:

206 Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the reason for the delay in payment of REP scheme to a person (details supplied) in County Galway in view of the fact that approval was given in late 2008; and if he will make a statement on the matter. [10318/09]

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.

Pigmeat Sector.

Paul Kehoe

Question:

207 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the reason factories (details supplied) are behind in getting payments for compensation in view of the fact that there are consequences for breeders due to late payment; and if he will make a statement on the matter. [10355/09]

The Pigmeat Recall Scheme introduced by my Department in December allows for the making of payments to primary and secondary processors of eligible pigmeat products affected by the dioxin incident. The scheme, which is partly co-funded by the EU, provides for verifiable destruction of affected product. In recognising that the logistics involved in bringing all product to destruction would extend over a number of months, I arranged for an immediate interim payment to the processors. This included some €10m paid to primary processors (slaughtering plants) in respect of affected product held in Ireland.

In recognition of the financial position of the primary processors, I have authorised a second interim payment in respect of product held or already destroyed in overseas locations or returned to Ireland for destruction. Claims in respect of this payment, which must be supported by verified documentary evidence and, where relevant, physical checks, are currently being processed by my Department.

Grant Payments.

Michael Ring

Question:

208 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. [10375/09]

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.

Michael Ring

Question:

209 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 hardship the delay is causing. [10376/09]

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.

Thomas P. Broughan

Question:

210 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if he has recouped the €8 million plus from Coillte that was erroneously allocated under the EU farmer forestry premiums scheme; if not, when he will recoup this money; the reason there has been such a delay; and if he will make a statement on the matter. [10477/09]

No decision has been taken to date on the recoupment of forestry premium from Coillte as this issue is being considered within my Department in the context of Coillte's proposed strategy for the period 2008-2012. Consideration of this matter has taken some time because a number of important inter-related issues arose over that time which impinged on Coillte such as the Bacon Review and the longer-term strategy of Coillte itself. Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Farmers’ Markets.

Thomas P. Broughan

Question:

211 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food the arrangements and management for the operation of the farmers’ market at the East Pier, Howth, Dublin; if a tendering process took place when the farmers’ market was originally established; if a tendering process was held for the operation of the market in 2009; if not, the reason for same; and if a tendering process will be held for the operation of this facility from 1 January 2010. [10533/09]

The Farmers' Market at Howth Fishery Harbour Centres is operated and managed by an independent market operator licensed by my Department. A licence for an initial period of six months was issued in 2005 and a further licence for a three year period to 31 December 2008 was issued in 2006. The award of the licence was not subjected to the tender process. When the licence expired the licensee was legally entitled to the option to renew the licence and chose to exercise that option. As a result the licence was renewed for a further term of one year and the issue of the licence being put to tender did not arise. The position with regard to 2010 is under review and no decision has yet been made with regard to the issue of a licence.

Thomas P. Broughan

Question:

212 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the complaints made by traders who have been excluded from the Howth farmers’ market regarding the management and operation of the market and allegations that this exclusion has resulted directly from an expression of interest in a tender for the operation of Howth farmers’ market for 2009. [10534/09]

The operation and management of the Farmers' Market at Howth Fishery Harbour Centre is the responsibility of Mr Seán McArdle the current licence holder. Decisions with regard to the allocation of stalls at the Farmers' Market are made by the licence holder. The holder of the licence to operate the Farmers' Market has the discretion to run the market as he/she deems appropriate and it is not appropriate for my Department to intervene in any disputes between the licensee and stallholders. My Department's legal and contractual relationship is with the licensee and not the stallholders.

Thomas P. Broughan

Question:

213 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if he will investigate a complaint by a person (details supplied) in County Dublin regarding the failure by his Department to hold a tendering competition for the operation of Howth farmers’ market in 2009 with the alleged resulting unjust exclusion of that person from trading at Howth farmers market. [10535/09]

The licence to operate the Farmers' Market at Howth Fishery Harbour Centre expired on 31 December 2008. The licensee was legally entitled to the option to renew the licence and chose to exercise that option. As a result the licence was renewed for a further term of one year and the issue of the licence being put to tender did not arise. The current licence holder is responsible for the operation and management of the Farmers' Market at Howth Fishery Harbour Centre. Decisions with regard to the allocation of stalls at the Farmers' Market are solely the responsibility of the licence holder.

Compulsory Retirement Age.

Pat Rabbitte

Question:

214 Deputy Pat Rabbitte asked the Minister for Agriculture, Fisheries and Food the number of civil servants in his Department, broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10806/09]

The provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004 apply to all personnel who have taken up appointment as public servants on or after 1 April 2004. There are currently 336 civil servants employed in my Department who were hired on or after 1 April 2004. However, a small number of these, who were previously employed in public sector bodies, have been deemed to be outside this legislation and are subject to the normal retirement rules. The breakdown by gender of those employees employed by my Department on or after 1 April 2004 is:

FEMALE — 166

MALE — 170

School Staffing.

Jan O'Sullivan

Question:

215 Deputy Jan O’Sullivan asked the Minister for Education and Science if she will allow a school (details supplied) in County Limerick to retain its teaching numbers for 2009-2010 in view of the fact that it is only one pupil below the new retention figure; and if he will make a statement on the matter. [10286/09]

Billy Timmins

Question:

220 Deputy Billy Timmins asked the Minister for Education and Science if he will ensure that primary education is put on a protected status during this economic climate and that all cuts already administered are reversed and primary education receives adequate funding to ensure that the well being of society and future prosperity are secured; and if he will make a statement on the matter. [10336/09]

Thomas P. Broughan

Question:

221 Deputy Thomas P. Broughan asked the Minister for Education and Science if he will ensure that there will be no reduction in teaching staff at schools (details supplied); and if he will make a statement on the matter. [10344/09]

I propose to take Questions Nos. 215, 220 and 221 together.

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

The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. The annual process of seeking this enrolment data from schools took place in the autumn and the data have since been received and processed in my Department enabling the commencement of the processes by which teaching resources are allocated to schools for the school year that begins next September.

My Department has written to the primary schools that are projected to have a net loss or gain in classroom teaching posts in September, 2009 including the schools referred to by the Deputies. As part of my efforts to ensure that relevant information is openly available to the public detailed information on the opening position for primary schools is now published on my Department's website. This provisional list sets out the details on individual schools that, taken collectively, are projected to gain 128 posts and to lose 382 posts — a net reduction of 254 posts. It is my intention to have this information updated and ultimately to set out the final position when the allocation processes are completed.

The above allocations are provisional at this stage and reflect the initial allocation position. The final position for any one school will depend on a number of other factors such as additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes. The operation of redeployment arrangements also impacts on the final position as a teacher can remain in his or her existing school where a suitable redeployment position does not exist. The final staffing position for all schools will therefore not be known until the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and appeals to the Staffing Appeals Board including any appeals submitted by the schools referred to by the Deputies will have been considered. It is open to any primary school Board of Management to submit an appeal under certain criteria to the independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule, Circular 0002/2009, available on my Department's website.

The Appeal Board meets in May, July and October each year to consider cases submitted. Appeals must be submitted to Primary Allocations Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available on my Department's website. Closing dates for receipt of staffing appeals in the current year are 29 April, 29 May and 9 October 2009. The Appeal Board operates independently of the Department and its decision is final.

School Transport.

Dan Neville

Question:

216 Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on the catchment boundary area for students attending a school (details supplied) in County Limerick. [10299/09]

Dan Neville

Question:

217 Deputy Dan Neville asked the Minister for Education and Science when he will announce the proposal for progressing the commitment given in the programme for Government to review the school transport system, including catchment boundaries. [10300/09]

I propose to take Questions Nos. 216 and 217 together.

In December, 2008, on completion of the Area Development Plan, a five year ‘road map' for school buildings in Limerick City and environs was published. The review of catchment boundaries in County Limerick, will be considered in the context of this Plan and in the light of the outcome of the Value for Money Review of the School Transport Scheme, including catchment boundaries, being carried out as part of the 2009-2011 round of Value for Money Reviews approved by Government. The Steering Committee, which I established in mid-January, will look at the original objectives of the scheme, whether these objectives remain valid today, the extent to which the objectives are being achieved and whether there are possibilities for economies or efficiencies that would improve the value for money of the scheme. In this context, the review will also look at fundamental issues such as catchment boundaries. The review, when completed, will be published and submitted to the Oireachtas Select Committee on Education and Science.

Denis Naughten

Question:

218 Deputy Denis Naughten asked the Minister for Education and Science if he will provide an extension to a school transport service (details supplied) in County Galway; and if he will make a statement on the matter. [10302/09]

The provision of transport services to the school referred to by the Deputy, in the details supplied, is an operational matter for Bus Éireann, which operates the school transport scheme on behalf of my Department. My Department has asked Bus Éireann to communicate directly with the Deputy.

School Staffing.

Caoimhghín Ó Caoláin

Question:

219 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if he will review his decision to withdraw special needs teachers from a school (details supplied) in County Monaghan in view of the fact that this school not only caters for the catchment area of Monaghan town but for the wider northern half of County Monaghan. [10309/09]

There will be no pupil with a special educational need who will be without access to a special needs teacher as a result of the decision to apply the normal rules which govern the appointment and retention of teachers of special classes for pupils with a mild general learning disability. These special classes which are to close predate the 2005 General Allocation Model of allocating additional teacher support to schools to enable them to meet the needs of pupils with mild general learning disabilities as well as a number of other high incidence disabilities. All primary schools now have additional teaching support in place for this purpose. All primary schools were allocated additional teaching resources under the General Allocation Model to enable them support pupils with high incidence special educational needs including mild general learning disability (MGLD). Schools can decide how best to use this allocation based on the needs of the pupils. Most pupils with a MGLD are included in ordinary classes with their peers and are supported by their class teacher. The curriculum is flexible so that teachers can cater for the needs of children of different abilities.

Teacher allocations to schools typically increase or decrease depending on pupil enrolment. In the case of classes for MGLD the normal pupil teacher ratio that applies is 11:1. My Department however permits schools to retain a teaching post where it has a minimum of 9 pupils in the class. This minimum was not fulfilled in the school referred to by the Deputy. Therefore, the school no longer qualifies to retain the class. When the General Allocation Model was introduced, schools with additional teachers in classes for MGLD were allowed to retain the teachers for these classes. Effectively, these schools received a double allocation. The number of these special classes has decreased since 2005 in line with falling numbers as pupils are supported through the additional teaching allocation provided and schools have integrated the children into age-appropriate mainstream classes. All of the other primary schools in the country who do not have classes for children with MGLD cater for these pupils from within the General Allocation Model. Pupils with a mild general learning disability have, and will continue to have access to additional teaching resources to support their education.

Questions Nos. 220 and 221 answered with Question No. 215.

Schools Building Projects.

M. J. Nolan

Question:

222 Deputy M. J. Nolan asked the Minister for Education and Science the position on a school (details supplied) in County Kildare. [10345/09]

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

Paul Kehoe

Question:

223 Deputy Paul Kehoe asked the Minister for Education and Science the person who appoints the company to carry out topographical land surveys and building surveying projects when building a new school; and if he will make a statement on the matter. [10349/09]

Topographical land surveys and building surveys are generally carried out by the design team appointed to a school building project. This would normally form part of the detailed technical examination of a site as part of stage 1 of the architectural planning process. A Design Team is appointed by the client for the project, which is usually the Board of Management of the school.

School Enrolments.

Paul Kehoe

Question:

224 Deputy Paul Kehoe asked the Minister for Education and Science if there is an appeals system in place for a person who has been refused admission to transition year; the options open to this person; and if he will make a statement on the matter. [10354/09]

Every year my Department invites all second level schools to participate in the Transition Year Programme. Circular 0064/2008 invited applications from schools for the 2008/2009 school year. The management authority of each school carries responsibility for making decisions regarding the Transition Year Programme in that school. Guidelines have been issued by my Department to support schools in this process. In some schools, the programme is compulsory for all students. In those that offer it as an option, circumstances may arise where it is necessary to limit the number of students who can avail of it. It is the board of management of each individual school that decides the number of places available to students on programmes such as Transition Year. In cases where restrictions apply, schools should have clear procedures regarding how places are allocated to students.

School Transport.

Michael Ring

Question:

225 Deputy Michael Ring asked the Minister for Education and Science if persons (details supplied) in County Mayo can avail of the school transport fee waiver. [10373/09]

The family referred to by the Deputy, in the details supplied, should liaise, in the first instance, with their local Bus Éireann office regarding the payment arrangements for the next school year. Charges will continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card. The annual charge for an eligible post-primary pupil is €300 for the 2009/10 school year. In order to minimise the overall impact of these charges on families:

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.

Higher Education Grants.

Terence Flanagan

Question:

226 Deputy Terence Flanagan asked the Minister for Education and Science the position regarding a maintenance grant in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [10537/09]

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

The Back to Education Allowance (BTEA) is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the work force. Eligibility for the Back to Education Allowance and associated payments is determined and administered by the Department of Social and Family Affairs.

Schools Building Projects.

Michael D'Arcy

Question:

227 Deputy Michael D’Arcy asked the Minister for Education and Science the number of subcontractors engaged by the main contractor for the construction of the two new primary schools in Gorey, County Wexford; if the subcontractors were approved by his Department; and if he will make a statement on the matter. [10539/09]

The construction of the buildings in question was procured by my Department under a design and build contract. Accordingly, my Department is not responsible for the recording or approving of sub contractors employed by the Design and Build Consortium.

Compulsory Retirement Age.

Pat Rabbitte

Question:

228 Deputy Pat Rabbitte asked the Minister for Education and Science the number of civil servants in his Department broken down by gender, who are not subject to a compulsory retirement age of 65 years and who are free to continue at work after age 65 years in accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions Act) 2004; and if he will make a statement on the matter. [10811/09]

The information requested is currently being collated by my Department and will be forwarded to the Deputy as soon as it is available.

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