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Dáil Éireann debate -
Thursday, 2 Apr 2009

Vol. 679 No. 3

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 10, inclusive, answered orally.

Rail Network.

Michael D. Higgins

Question:

11 Deputy Michael D. Higgins asked the Minister for Transport if he will introduce measures to revitalise rail freight here in view of the fact that just approximately 1% of imported goods are transported by rail; his views on introducing an incentive such as a rail freight subsidy on a per tonne basis for materials that are transferred from existing road freight onto rail freight; if he has examined the programme of the Scottish Executive to encourage rail freight; his views on emulating same; the amount of the rail network here currently electrified; the measures he plans to introduce to develop a more widely electrified rail network; and if he will make a statement on the matter. [13686/09]

There is substantial ongoing current and capital Exchequer investment in the development and operation of the Irish railway network. Total Exchequer funding allocated to Iarnród Éireann for 2008 amounted to more than €720 million and freight services benefit from this investment also.

I propose to establish in the coming months a forum on the movement of goods as set out in Smarter Travel — A Sustainable Transport Future, which was published earlier this year. My Department is currently undertaking preparatory work on the membership, tasks, and timescales for the forum. The forum will address both economic competitiveness and environmental sustainability matters associated with the movement of goods by air, sea, rail, and road. The realistic potential for rail freight and its role within an integrated freight transport strategy including issues such as a rail freight subsidy and international experience in the promotion of rail freight will be among the matters explored by the forum. When the forum has deliberated, the question of introducing additional funding for the railways to promote rail freight will be considered at that time and also in the context of other demands for funding in the transport sector and the level of availability of Exchequer funding at that time.

In the meantime, Iarnród Éireann continues to pursue a policy of growing its rail freight business where opportunities present and of returning the rail freight business to profitability. In that context, Iarnród Éireann has made progress in recent years in growing the rail freight business in areas where it holds a competitive advantage over road haulage, e.g. large volumes or trainloads over longer distances, which are not time sensitive. The rail freight market has been fully liberalised since 1 January 2007, and while no applications have been made for entry to the market to date, any expressions of interest would be welcomed.

The position regarding the electrification of the rail network is that only the DART line from Malahide to Greystones is electrified at present. Transport 21 provides for the completion of the electrified DART Underground project by 2015. It is anticipated that the existing DART line will be extended (through electrification) as far as Balbriggan and that the Maynooth line would be electrified as far as Maynooth, and the Kildare line as far as Hazelhatch. The start and completion dates of Transport 21 projects in planning, such as the DART Underground project, will in each case be determined by the outcome of public consultation, the statutory planning approval process, the public procurement process and the availability of financial resources.

Proposed Legislation.

Frank Feighan

Question:

12 Deputy Frank Feighan asked the Minister for Transport when he expects to publish legislation to reform bus licensing here; and if he will make a statement on the matter. [13796/09]

Joe Costello

Question:

19 Deputy Joe Costello asked the Minister for Transport when he will introduce the new bus licensing legislation to replace the Road Transport Act 1932; the reason there has been a delay with this legislation; and if he will make a statement on the matter. [13670/09]

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

The Agreed Programme for Government contains a commitment to reform bus licensing to facilitate the optimum provision of services by providing a level playing field for all market participants. The legislative framework to support the authorisation and provision of improved public bus services in the Greater Dublin Area was updated last year through the passage of the Dublin Transport Authority Act 2008, which establishes a new contractual structure relating to the provision of subvented bus services in the Greater Dublin Area.

In January 2009, the Government approved the General Scheme of the Public Transport Regulation Bill which represents the second stage of the reform process and contains proposals for a new bus licensing regime which will replace the Road Transport Act 1932 and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies. In accordance with the Programme for Government commitment, the proposed licensing regime will provide a level playing field for all bus market participants. The new licensing structure will apply in respect of all commercial bus passenger services, including those provided by Dublin Bus and Bus Éireann. It will establish a clear structure against which applications for bus route licences will be considered as well as a modern system of penalties and associated powers for revocation of licences.

The General Scheme of the Bill also contains proposals for extending nationally the provisions of the Dublin Transport Authority Act 2008 in relation to the provision of public service obligations that are consistent with EU Regulation No. 1370/2007; assigning responsibility to the DTA for bus route licensing and public transport services contracts nationwide; the amalgamation of the Commission for Taxi Regulation into the DTA. The scheme also provides for the renaming of the DTA as the National Transport Authority given its proposed national focus in relation to commercial bus licensing, bus and rail subvention and the regulation of small public service vehicles. In the light of the recent Government approval of the General Scheme of the Public Transport Regulation Bill, the Bill is now being drafted and it will be published as soon as possible.

Rail Network.

Noel Coonan

Question:

13 Deputy Noel J. Coonan asked the Minister for Transport the amount of money that has been spent on the metro west project to date; the position regarding the metro west project, if the metro north project is delayed or cancelled; and if he will make a statement on the matter. [13774/09]

The Railway Procurement Agency (RPA) is, in line with Transport 21, continuing with planning and design to facilitate the preparation of an application for a railway order to An Bórd Pleanála for the Metro West project. Up to the end of February, the RPA has spent €5.8m to progress planning and design. The start and completion dates for this project will be determined by the outcome of the statutory approval and procurement processes, decisions on Metro North, and the funding allocation available during the current difficult economic climate.

Good progress continues to be made on the Metro North Project. The first round of tenders for the Public Private Partnership contract were submitted on 27th February last and these tenders are now being evaluated by the RPA. The Oral Hearing before An Bórd Pleanála on the railway order application for Metro North commenced yesterday and the Board has indicated its anticipated decision date on this application to be before the 4th of September this year. In these circumstances it is most unlikely that enabling works will commence in the current year. However, both the RPA and my Department will keep the matter under review. 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.

Public Transport.

Michael D'Arcy

Question:

14 Deputy Michael D’Arcy asked the Minister for Transport the contingency plan in existence in the event of wide scale public transport strikes; the role his Department has in any CIE rescue package; if he can predict the 2009 CIE deficit; and if he will make a statement on the matter. [13782/09]

Lucinda Creighton

Question:

41 Deputy Lucinda Creighton asked the Minister for Transport the action that is being taken to ensure that bus services in Dublin remain available to the public at the current levels despite the economic climate; and if he will make a statement on the matter. [13753/09]

Aengus Ó Snodaigh

Question:

47 Deputy Aengus Ó Snodaigh asked the Minister for Transport his views on the implications of the potential withdrawal of 120 buses by Dublin Bus for the programme for Government commitments to reduce travelling times and traffic congestion, protect the environment and deliver real commuting choices to people. [13635/09]

Ruairí Quinn

Question:

62 Deputy Ruairí Quinn asked the Minister for Transport the contacts he has had with Dublin Bus management and unions on the industrial relations crises at Dublin Bus and Bus Éireann; the action he is taking to utilise all of the industrial relations mechanisms of the State to avoid disruptions to bus services; and if he will make a statement on the matter. [13667/09]

I propose to take Questions Nos. 14, 41, 47 and 62 together.

The response to any widescale disruption of public transport services due to strike action will be based on the optimisation of other travel modes such as cars, private bus services, taxi and hackney services, walking and cycling. It is premature to speculate on contingency plans when talks are continuing between the parties involved on the matter. Regarding CIÉ's finances, the company has projected an operating deficit of up to €100 million in 2009 in the absence of corrective action. The CIÉ companies have prepared cost recovery plans, which, together with Exchequer subvention of €313 million and an average fares increase of 10% for 2010, are designed to eliminate this deficit over the period 2009 and 2010. It is imperative that CIE achieves the measures necessary to restore its financial situation as it is not open to the State, under EU rules, to allocate funds to compensate for losses of the kind now being incurred.

The position in relation to Dublin Bus services is that the company is currently seeking, with the assistance of the Labour Court, to secure agreement on a cost recovery plan involving, inter alia, a pay pause, some redundancies, revised work practices, and the withdrawal of some buses. Decisions in relation to the deployment and withdrawal of buses are a matter for Dublin Bus. I understand, however, that the withdrawal of 120 buses by Dublin Bus is driven by an increase in costs and falling passenger numbers and will be implemented so as to minimise the overall effect on customers and quality of service. Furthermore, I understand that the company wishes to implement their cost recovery plan with least impact on staff numbers.

It is opportune also that the Deloitte report on the cost and efficiency of bus services, which Dublin Bus will be implementing, provides a framework for the development of a more efficient and effective bus service in Dublin carrying more passengers at a lower cost. The Review concluded that timetables are not sufficiently coordinated in areas served by multiple routes and that bunching is a significant problem due not only to congestion but also to a lack of even headways between buses. The Review also recommended addressing pinch points along corridors to ease congestion. I am certain that these recommendations when implemented will attract more people to become public transport users and ultimately protect the environment.

I have been briefed by Dublin Bus and Bus Éireann on their declining financial position, the cost recovery plans proposed to deal with this, and on the efforts being made to reach agreement with unions on the early implementation of these plans. In the context of meetings relating to the bus cost and efficiency review, the unions briefed me on their position in relation to the proposed cost recovery plans. As I indicated to the union representatives at those meetings, the reconciliation of industrial relations issues in CIÉ and its subsidiary companies is a matter for the companies and the unions and, if necessary, the industrial relations machinery of the State. Both Dublin Bus and its unions are participating in Labour Court hearings relating to Dublin Bus' cost recovery and effectiveness plan.

Michael Creed

Question:

15 Deputy Michael Creed asked the Minister for Transport the progress there has been to date in the implementation of the Deloitte report dealing with bus market reform; if he has set a specific timeframe for Dublin Bus to achieve certain goals; and if he will make a statement on the matter. [13780/09]

Róisín Shortall

Question:

45 Deputy Róisín Shortall asked the Minister for Transport the status of the Deloitte cost and efficiency review of the bus sector; if he has accepted all of the report’s recommendations; if he will seek to implement them in full; if so, the timeframe and mechanism for implementation; the way he will invigilate these processes; and if he will make a statement on the matter. [13669/09]

I propose to take Questions Nos. 15 and 45 together.

The Deloitte Report, the recommendations of which I accept in full, sets out a series of measures which are designed to enhance the role of the bus. In my statement accompanying the release of the report on 26th January, I indicated areas where the report had identified considerable scope within Dublin Bus to improve its services to customers, increase efficiencies and save money through, for example, redesigning the network, eliminating unnecessary service duplication and improving information to the customer. In response to my request both companies have submitted detailed plans for the implementation of the report's recommendations in line with the indicative timelines set out in the report. My Department will shortly be responding to the plans and finalising the arrangement to be put in place for reporting on and monitoring implementation. In the meantime, both companies have commenced work in relation to implementation.

The early implementation of the recommendations in the report and other cost saving measures are vital for dealing with the current financial situation of both companies as it is not open to the State to compensate for the kind of losses now being incurred. Furthermore, implementation of some recommendations in the report relating to bus priority, integrated ticketing, demand management measures, bus licensing and the move to PSO contracts are already being pursued by my Department in conjunction with the relevant local authorities, the DTO and the RPA where appropriate.

Joan Burton

Question:

16 Deputy Joan Burton asked the Minister for Transport when the full integrated ticketing scheme will come on stream; the estimated cost for developing and implementing integrated ticketing; if Bus Éireann will be fully incorporated into the integrated ticketing scheme; if there are plans to develop a universal and nationwide bus, rail and light rail ticket; and if he will make a statement on the matter. [13692/09]

Denis Naughten

Question:

23 Deputy Denis Naughten asked the Minister for Transport when the integrated ticketing project will be completed; and if he will make a statement on the matter. [13649/09]

I propose to take Questions Nos. 16 and 23 together.

The integrated ticketing system in the Greater Dublin Area is being introduced on a phased basis, based on smart card technology, over the period to the end of 2010. A progressive approach is being adopted to allow customers to familiarise themselves with using the new system and to permit transport operators to undertake the necessary testing with the integration of the technologies involved. A smart card for Luas services has been available on all Luas services for some time. Smart cards are also now in use on Dublin Bus services in respect of a number of ticket products such as annual and monthly tickets, 5-day rambler tickets, and annual and monthly integrated bus and rail and bus and Luas tickets.

The next step will be the launch by Irish Rail of an interim smart card scheme from late summer. Following that, it is planned later this year to introduce a single smart card on a progressive basis for Dublin Bus and Luas services which will have electronic purse capability. This capability will allow a pay-as-you-go system similar to the systems used for mobile phones and, when operational early next year, will facilitate cashless travel on services of all participating operators. The single smart card will then be extended to Irish Rail DART and commuter rail services within the following 12 months. It is envisaged that private bus operators will join the scheme over this timeframe.

During 2010, Bus Éireann will introduce the single smart card system on a pilot basis on a number of its commuter routes within the Greater Dublin Area. The Company will then evaluate the feasibility of extending the scheme to include its whole network in the Greater Dublin Area. Accordingly, during 2010 smartcards with an electronic purse will be available to almost all public transport users in the Greater Dublin Area. The overall budget of the project is €55.4 million. While the current scope and focus of the single smart card scheme is the Greater Dublin Area, the mandate for the scheme is national in scope. The potential to develop a nationwide ticket will be reviewed when consideration is being given to expanding the Scheme on a national basis.

Sea Pollution.

Shane McEntee

Question:

17 Deputy Shane McEntee asked the Minister for Transport if he will attempt to recover operational costs from the Russian Government incurred from the monitoring of the recent oil slick in Irish waters caused by Russian warships; and if he will make a statement on the matter. [13814/09]

We are currently collating costs involved in monitoring the oil slick. At this juncture it is considered unlikely that pollution will come ashore, however the situation will be monitored over the coming months. In the circumstances the question of cost recovery is being kept under consideration.

State Airports.

Eamon Gilmore

Question:

18 Deputy Eamon Gilmore asked the Minister for Transport if he has been briefed by the Dublin Airport Authority on proposals to postpone the development of a second runway at Dublin Airport and to apply for permission for a longer second runway; his views on these proposals; his further views on proposals for the development of new airport facilities including in the midlands and west Dublin; and if he will make a statement on the matter. [13678/09]

Proposals in relation to the development of Dublin Airport are, in the first instance, a matter for the DAA, which has statutory responsibility to manage, operate and develop the airport and to provide such facilities and services as it considers necessary for aircraft and passengers. Accordingly, any proposals for the postponement of the second runway or for the provision of a longer runway are matters that fall within the responsibility of the management and board of the DAA. DAA received planning permission in August 2007 to construct a 3,110 metre northern parallel runway, subject to conditions. Given the downturn in the economy, DAA has deferred the immediate construction of the runway.

As part of the consultation process with users and the Commission for Aviation Regulation (CAR), DAA has indicated that it believes the most prudent approach to determining the construction start date for the Northern runway is to identify certain key trigger points that will signal the return to traffic growth. The trigger mechanisms proposed by the DAA relate to the impact of such traffic growth on runway availability in demand for runway slots. Using these return to growth triggers should allow DAA to bring the new runway into service just as demand requires it. While construction of the runway has been deferred, DAA is continuing with the planning and design of the runway project so that it can be ready to begin construction as soon as the triggers come into play.

In relation to the development of new airports private interests may develop airports in whatever location they wish, provided that the requirements of the Irish Aviation Authority are met and that planning permission is secured. I should point out that the financial demands of running an airport are very challenging and it is, of course, a matter for the promoters to satisfy themselves that a new airport can function as a viable commercial entity. My Department has no plans to support the development of any new airports.

Question No. 19 answered with Question No. 12.

Departmental Agencies.

Caoimhghín Ó Caoláin

Question:

20 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport when the proposed Dublin Transport Authority will come into being. [13630/09]

Enda Kenny

Question:

22 Deputy Enda Kenny asked the Minister for Transport the position regarding the establishment of the Dublin Transport Authority; if a chief executive officer has been found; the amount of staff hired for the DTA; if a premises has been secured; when he expects the DTA to be operational; the selection criteria and marking scheme he will use to select members of the public to become members of the Dublin Transport Authority; if he will hold interviews for qualified applicants; and if he will make a statement on the matter. [13809/09]

Joe Costello

Question:

29 Deputy Joe Costello asked the Minister for Transport when he will appoint the new chief executive officer of the Dublin Transport Authority; the persons he plans to appoint to the board of the DTA; the mechanism for appointing members of the public to the DTA board and advisory body; when he will publish promised legislation to transform the DTA into a new national transport regulator; and if he will make a statement on the matter. [13671/09]

I propose to take Questions Nos. 20, 22 and 29 together.

My Department is proceeding with preparations for the establishment of the Dublin Transport Authority (DTA) as soon as possible during 2009. A key part of those preparations is the recruitment of a Chief Executive Officer and the necessary recruitment process is currently underway. In accordance with the Dublin Transport Authority Act 2008, final decisions on the provision of funding and staff numbers will be taken following the receipt of proposals from the Authority in that regard. The new CEO will also be responsible for sourcing suitable office accommodation for the Authority.

In accordance with section 14 of the Dublin Transport Authority Act 2008, the Minister for Transport is responsible for appointing the members of the Dublin Transport Authority. Membership of the Authority will comprise a chairperson, 3 ex officio members and 6 ordinary members. The chairperson and 6 ordinary members must be persons who, in the opinion of the Minister for Transport have wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.

Mr. Tom Mulcahy is chairperson designate of the new Authority. I recently announced my decision to invite applications from people who wish to be considered for appointment as an ordinary member of the new Authority. The application process is straightforward. Applicants must simply be able to demonstrate how they meet the criteria in the areas referred to above. The closing date for receipt of applications is Friday 24 April next. Full details of the application process have been published on the Department of Transport website www.transport.ie. The purpose of the application process is to encourage people who believe that they can make a positive contribution to the development of the transport system in the Greater Dublin Area to put their name forward for consideration. The appointment of members is at my sole discretion and I reserve the right as to whom I appoint.

The procedure for the appointment of the 24 members of the Dublin Transport Advisory Council is set out in section 17 of the 2008 Act. The procedure is quite detailed. However, in essence posts on the Council, apart from the post of chairperson, fall into 3 categories as follows:

ex officio members,

members nominated by members of the local authorities in the Greater Dublin Area, by the Dublin and Mid-East Regional Authorities, by ICTU and by the Garda Commissioner, and

members representing various interests, for example, business, community interests and the public interest.

With regard to the last category, section 17 provides that the Minister for Transport may prescribe organisations which shall be invited to nominate candidates for membership of the Council in that category. I propose to invite applications in due course from organisations that wish to be prescribed for that purpose.

In January 2009, the Government approved the General Scheme of the Public Transport Regulation Bill which contains proposals for a new bus licensing regime which will replace the Road Transport Act 1932 and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies. It is proposed that responsibility for bus licensing and public transport services contracts nationwide will be assigned to the DTA under the Bill, which will also provide for the absorption of the Commission for Taxi Regulation into the DTA. The Bill will also provide for the renaming of the Dublin Transport Authority as the National Transport Authority given its proposed national focus in relation to commercial bus licensing, future bus and rail subvention and the regulation of small public service vehicles. The Public Transport Regulation Bill is now being drafted and it will be published as soon as possible.

Road Safety.

Joe McHugh

Question:

21 Deputy Joe McHugh asked the Minister for Transport in respect of his reports to the EU on tunnel safety, whether there are any safety issues, past or present, associated with any public tunnel here; and if he will make a statement on the matter. [13817/09]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads, including the Dublin Port Tunnel, is a matter for the National Roads Authority (NRA) under the Roads Act 1993 in conjunction with the local authorities concerned. I am required, under the terms of the EU Tunnel Safety Directive, to transmit to the Commission a report from the Tunnel Administrative Authority (the NRA) every two years setting out incidents which clearly affect the safety of road users in tunnels. The first such report was submitted by me as required by the Directive in September 2008. The Directive requires the Commission to make these reports available to all Member States.

Question No. 22 answered with Question No. 20.
Question No. 23 answered with Question No. 16.

Taxi Regulations.

Arthur Morgan

Question:

24 Deputy Arthur Morgan asked the Minister for Transport if his attention has been drawn to the excessive hours being worked by taxi drivers to earn a sufficient income. [13631/09]

Jan O'Sullivan

Question:

30 Deputy Jan O’Sullivan asked the Minister for Transport his views on the recent Goodbody economic review of the taxi industry; the measures he is considering to address the problems in the taxi sector including market saturation, poor monitoring and enforcement of high quality standards, double jobbing and related health and safety issues; and if he will make a statement on the matter. [13680/09]

Jan O'Sullivan

Question:

42 Deputy Jan O’Sullivan asked the Minister for Transport the measures he proposes to introduce to address the deficit of wheelchair accessible taxis in the national taxi fleet in view of the fact that an association (details supplied) recently told the Joint Committee on Transport that approximately 6% of the national taxi fleet are wheelchair accessible; and if he will make a statement on the matter. [13681/09]

Arthur Morgan

Question:

49 Deputy Arthur Morgan asked the Minister for Transport if he will address the concerns of those within the taxi industry. [13632/09]

I propose to take Questions Nos. 24, 30, 42 and 49 together.

Under the Taxi Regulation Act enacted by the Oireachtas in 2003, the taxi industry is regulated by the Commission for Taxi Regulation which is an independent body responsible for the regulation of the taxi industry and many of the issues raised in these questions relate to the functions of the Commission. The economic review of the small public service vehicle industry published recently by the Commission for Taxi Regulation contains a wide range of detailed data on taxi, hackney and limousine services, including data on hours worked, demand for and supply of services, double jobbing, earnings, and impact of liberalisation.

The review confirms that there has been a large increase in the demand for taxi services with approximately 100 million trips last year — an increase of 25% since 2005, though I note from recent statistics that the number of applicants applying for taxi licences has dropped dramatically in recent months. The review also indicates that, as a result of the increased supply of vehicles, drivers are operating in a more competitive environment and as a result drivers are working longer hours with an average of 52 hours per week and that average earnings have dropped slightly. As part of the public consultation process on the Goodbody Review, the Commission is seeking views on the recommendation about exploring methods for recording hours worked in order to deal with this issue and the related issues of safety.

In relation to wheelchair accessible taxis, the percentage of the whole taxi fleet that was wheelchair accessible was 7.5% in 2008. While this is a reduction from the percentage of the fleet that was wheelchair accessible pre-liberalisation, the actual number of wheelchair accessible taxis has actually increased, though not at the same rate as the overall expansion of the fleet. There were 1,600 licensed wheelchair accessible taxis in 2008 — up from 1,246 in 2005. The Commission has submitted proposals for a subsidy scheme to assist in the purchase of wheelchair accessible taxis and the issue is under consideration in my Department in the context of the overall budgetary situation, as are alternative means of ensuring accessible taxis.

Overall the review concludes that liberalisation has resulted in significant benefits to the consumer in terms of more and better services and reduced waiting times and that the present regime should be maintained but that the focus be on strengthening quality standards and enforcement. The Commission has now launched a public consultation process based on the review. The Commission will also be engaging with the Advisory Council to the Commission which has as its duty to advise the Commission and the Minister on general taxi matters. It is important that all stakeholders in the industry make their views known to the Commission by 4 May 2009. I will then consider the outcome of this process, the views of the Oireachtas Committee on Transport, the views of the official representatives of the taxi industry, consumers and consumer interest groups insofar as they relate to my statutory responsibilities.

Rail Network.

Emmet Stagg

Question:

25 Deputy Emmet Stagg asked the Minister for Transport when he last met all of the stakeholders involved in the preparation works for the big dig and the upcoming major infrastructural works in Dublin for metro north, the Luas link-up and the Dublin rail interconnector; when the public information campaign on the big dig will begin; the date for the launch of the proposed bus gate; and if he will make a statement on the matter. [13683/09]

I last met the Stakeholders Group regarding the major Transport 21 infrastructural works in Dublin on 11th March 2009. Pending the establishment of the Dublin Transport Authority, the Dublin City Manager chairs the Dublin Transport 21 Implementation Group, which coordinates and oversees the Transport 21 investment programme in Dublin. A Communications Sub-Group of this Group, which is chaired by Dublin City Council, has been formed and is preparing a co-ordinated communications Plan for the construction period of the major Transport 21 projects such as Metro North and the Dublin rail interconnector. A key theme of communications during construction works will be "Dublin is open for business".

I have asked for a presentation on the communications Plan, which is being developed by the Transport 21 Communications Sub-Group, to be made to myself and to all stakeholders at the next meeting of the Stakeholders Group, which is scheduled for May 2009. The communications campaign will be rolled out in advance of works on Metro North. The commencement of works is subject to the grant of an enforceable railway order by An Bord Pleanála. The Oral Hearing on the Metro North railway order application commenced on 1 April 2009.

On 12 February 2009, City Councillors approved the College Green Bus Gate to go to public consultation. The consultation period closed on 27 March 2009. The matter is due to be considered at the Strategic Policy Committee of the Council in April 2009 and by the full Council in May 2009. The date for implementation of a bus gate, which offers significant benefits for bus passengers and Dublin Bus, will depend on the decision of Councillors, following discussion at these meetings.

Public Transport.

Kathleen Lynch

Question:

26 Deputy Kathleen Lynch asked the Minister for Transport his policy on pricing and fares for rail and bus services; if he has conducted research on the effect of pricing policy on passenger volumes and take-up in transport here or compared pricing policy with other EU and OECD states; if he is examining more simplified models of commuter fares for bus and rail services; his views on the cancellation of certain commuter bus tickets (details supplied); and if he will make a statement on the matter. [13672/09]

Decisions in relation to fares for rail and bus services and the range of tickets offered to the public are, for the most part, a matter for the operators of those services. However, proposals for changes to the standard single fare charged by the CIÉ companies and the RPA is, based on custom and practice, subject to control by me and such proposals are considered in the context of the overall impact on public transport patronage, the cost environment and, in the case of loss making services, the level of availability of Exchequer funding.

While I have not commissioned research on the effect of pricing policy on passenger volumes and take-up it is clear that excessive increases in fares will damage the attractiveness of public transport. Accordingly I only authorise standard single fare increases when the companies concerned have made a sound financial case for any such increase. Leaving the design and control of promotional and incentive fares in the hands of the companies allows them to promote their public transport product. In respect of the future, the Dublin Transport Authority will have the power to introduce a fares scheme for public transport in the GDA.

Programme for Government.

Aengus Ó Snodaigh

Question:

27 Deputy Aengus Ó Snodaigh asked the Minister for Transport if he will make a statement detailing the progress to date and timeframe for delivery of the programme for Government commitments to reduce travelling times and traffic congestion, protect the environment and deliver real commuting choices to people. [13636/09]

Very significant progress continues to be made on implementing the commitments relating to transport in the Programme for Government. We are continuing to invest in Ireland's transport infrastructure through Transport 21 and enormous progress has been made over the past three years. The maintenance of a high level of investment in public transport has facilitated the provision of better and higher quality bus and rail services throughout the country as an alternative to the private car. Continued investment in public transport will have real benefit for the environment and for congestion reduction as a result of fewer private car journeys being made.

In addition, the Dublin Transport Authority Act 2008 (No. 15 of 2008) facilitates the establishment of a new Transport Authority with overall responsibility for strategic transport planning in the Greater Dublin Area. The Authority will be responsible for the integration of public transport services with an objective of service providers providing very high quality transport services to the public.

In relation to the national road network, significant progress continues to be made in the delivery of the five major inter urban routes (MIUs) – from Dublin to the Border, Galway, Limerick, Cork and Waterford. The M1 from Dublin to the Border was completed in 2007, while work on the other routes is underway. Those portions of the routes that have been opened to traffic in the past few years have delivered significant reductions in journey times. Examples would include bypasses of towns such as Moate, Cashel, Carlow and Gorey. Work is on target for completion of the MIUs by the end of 2010. When the network is complete, very significant reduction in journey times will be achieved.

In addition to the MIUs, the NRA continues to deliver on other vitally important road infrastructure such as the M50. The provision of additional capacity on the M50, being delivered by removing the toll barriers, increasing the number of lanes and making the major junctions ‘free-flow', is well underway. The final elements of this work are also due to be delivered by 2010. Reductions in journey times, through bypassing major towns and cities and the provision of sufficient capacity on our major road network will also serve to reduce pollution and improve the quality of life for all those affected as well as enhancing prospects for economic recovery.

In addition to the commitments in the Programme for Government, the publication by me of Smarter Travel — A Sustainable Transport Future, the new Government policy on transport, offers a vision which aims to achieve a sustainable transport system for Ireland by 2020. It sets out a series of integrated actions which aim to reduce travel distance and travel times by car, offer alternatives to the car to the extent that by 2020 modal share for the car will have dropped from 65% to 45%, improve fuel efficiency through alternative technologies, and strengthen institutional arrangements to ensure effective delivery of this radical new approach to transport and travel. The action period of 12 years is very ambitious in itself but the Smarter Travel strategy, together with the very significant investment taking place under Transport 21, will ensure Ireland has an excellent sustainable transport system in place by 2020.

Air Services.

Eamon Gilmore

Question:

28 Deputy Eamon Gilmore asked the Minister for Transport if he will liaise with the Department of Enterprise, Trade and Employment and the National Consumer Agency to review and address the escalating number of extra charges that are being imposed upon airline passengers when they buy an air ticket and for travelling by air; if he will introduce legislation if necessary to strengthen the consumer protection of airline passengers and to make airline ticket pricing more transparent and fairer; and if he will make a statement on the matter. [13679/09]

The air services market in the European Community was fully liberalised in 1992. The operation of the market is governed by common rules which were recently updated and are set out in a European Regulation (No. 1008/2008). This Regulation entered into force in November last year and has direct application in all Member States. Under the common rules set out in the EU Regulation airlines can freely set fares for air services offered within the Community and this has been the case since 1992 when the market was first opened up.

In the EU Regulation, new provisions have been introduced requiring greater pricing transparency. When publishing or advertising air fares, airlines must now include all applicable conditions and all applicable taxes and charges which are unavoidable and foreseeable at the time of publication. These pricing transparency provisions were introduced because the fare structure in the industry in recent years has changed significantly with many airlines now having differentiated pricing structures consisting of a basic fare with a number of optional pricing elements. The new rules require greater transparency in pricing information but airlines still have full pricing freedom. This will ensure that consumers have fuller information available to them in making their travel choices.

The broader issue of consumer protection legislation falls within the remit of my colleague the Minister for Enterprise Trade and Employment.

Question No. 29 answered with Question No. 20.
Question No. 30 answered with Question No. 24.

Port Development.

Mary Upton

Question:

31 Deputy Mary Upton asked the Minister for Transport if he will publish the report on the future of Dublin Port; his views on whether there will be changes to the future location and size of Dublin Port; the position regarding the development of Bremore Port; and if he will make a statement on the matter. [13706/09]

Indecon International Economic Consultants have been commissioned to undertake a comprehensive study of the role of Dublin Port as provided for under the National Development Plan 2007-2013. This study will examine the feasibility and conduct a cost benefit analysis of various scenarios relating to Dublin Port, including:

Existing port activities continuing to expand with demand,

Relocating all or part of Dublin Port's existing activities to an alternative location(s),

Port activities continuing at current levels with growth being catered for at alternative locations.

Work on the Dublin Port study is progressing and I expect a final report by mid May 2009. I intend to report to Government on the report's findings and I will publicise the findings thereafter.

Drogheda Port Company has for a number of years been developing a proposal for a new port facility at Bremore in Fingal County in the context of a proposed joint venture arrangement. Subject to the necessary further feasibility, commercial and regulatory work, it presents an opportunity to provide additional port capacity within the Greater Dublin Area. Amendment of the Harbours Act 1996 will be necessary to enable formal legal consent to be given to the joint venture. This amendment to the 1996 Act will be facilitated by the enactment of the Harbours (Amendment) Bill 2008, which has recently completed all stages in the Seanad and is about to commence its passage through the Dáil. In the meantime, I understand that the joint venture is engaged in the necessary feasibility and planning work for the proposal.

Transport 21.

Bernard J. Durkan

Question:

32 Deputy Bernard J. Durkan asked the Minister for Transport the degree to which it is expected to proceed with all of the proposals contained in Transport 21 in view of the ongoing economic indicators; if it is intended to place particular emphasis on those areas expected to be job creative as well as on long-term economic benefits; if it is intended to re-arrange any of the targets contained in the proposal; if consideration has been given to the full extent of the funding required and the sources from which such funding will derive; if it is expected that work will start and remain on schedule throughout; if he expects or will make strategic interventions or fundamental changes in the plan; and if he will make a statement on the matter. [13738/09]

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Transport if it is intended to enhance or reduce or otherwise alter the proposals contained in Transport 21; if it is intended to proceed with the project on time and within budgetary targets; and if he will make a statement on the matter. [13977/09]

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Minister for Transport the extent to which it is intended to proceed with the full complement of proposals contained in Transport 21; if it is the intention to deliver the programme in full without exception; and if he will make a statement on the matter. [13978/09]

I propose to take Questions Nos. 32, 120 and 121 together.

Transport 21 continues to provide the strategic framework guiding Government investment in national roads and public transport up to 2015. A number of road and public transport projects have already been completed, others will be completed this year and many are under construction or at planning. My priorities for investment in national roads are the completion of the major inter-urban network by 2010, the progressive development of the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes.

On the public transport side, the provision of increased capacity will be a key consideration in determining investment priorities. Given their potential to greatly increase capacity on the public transport network, Metro North and the DART Underground are key projects. Investment in increased bus capacity and bus priority measures are also priorities. The bus-related investment will be guided by the Deloitte cost and efficiency review of the CIE bus companies and the availability of current funding for public service obligations. The selection of projects and programmes will also be guided by the overarching priorities set out by the Minister for Finance for capital investment, namely strengthening the productive capacity of the economy and sustaining employment. Particular attention will also be paid to projects which have network benefits.

The planning of the major transport capital projects identified in Transport 21 is continuing and they will be released for construction as soon as they are through statutory procedures and the available financial resources permit and consistent with the priorities I have outlined. While most of the funding for projects and programmes will be provided by the Exchequer, there is also a significant PPP content in Transport 21. My Department is continuing to explore possibilities for procuring further projects through PPP.

Rail Network.

Joanna Tuffy

Question:

33 Deputy Joanna Tuffy asked the Minister for Transport the status and estimated commencement and completion dates for Luas line BX/D, phases two and three of the western rail corridor, the Dublin rail interconnector, metro west, the Lucan Luas and the railway safety programme; and if he will make a statement on the matter. [13684/09]

The start and completion dates for projects which are yet to commence construction, including Metro West, Luas Line BX/D, Lucan Luas, phases two and three of the western rail corridor and the DART underground, will be determined as appropriate by the outcome of public consultation, the statutory planning approval process, the public procurement process and the funding available during the current difficult economic climate. The provision of increased capacity will be a key consideration in determining public transport investment priorities in the period ahead. In that context, the DART Underground and Metro North, are particularly important rail investments as they form a core part of the planned integrated public transport network for the Greater Dublin Area envisaged by Transport 21.

With regard to the railway safety programme, the first and second Railway Safety Programmes were completed over two five-year periods 1999-2003 and 2004-2008 respectively. A Task Force on Railway Safety is currently meeting to finalise the third Railway Safety Programme which will run over the five-year period 2009-2013. I expect to receive the Report of the Task Force shortly.

Air Services.

Fergus O'Dowd

Question:

34 Deputy Fergus O’Dowd asked the Minister for Transport if he will meet with an association (details supplied) to discuss its concerns; the plans he is formulating to facilitate tourism within Ireland; and if he will make a statement on the matter. [13828/09]

Statutory responsibility for regulation of the travel trade rests with the Commission for Aviation Regulation. As the existing legislative framework for the regulation of the travel trade has been in existence since 1982 in May last year I asked the Commission for Aviation Regulation, to undertake a comprehensive review of the travel trade legislation. The purpose of the review was to assess the operation of the current regulatory arrangements and to recommend any reforms that may be warranted.

Following an extensive consultation process, the Commission submitted their report to me on 30 December 2008 which I have published on my Department's website www.transport.ie. I am currently examining the Commission's findings and recommendations and I am consulting with my colleague, the Tánaiste and Minister for Enterprise Trade and Employment, on the report's findings in the context of consumer protection policy generally.

I met with the President of the ITAA on the 11 February last and my officials have had a number of follow up meetings with other representatives from the Association since that date. The Department and CAR are aware of the concerns of the ITAA and its members regarding the current bonding requirements and the difficulties being experienced by the travel trade sector generally in the economic climate.

Departmental Programmes.

Jack Wall

Question:

35 Deputy Jack Wall asked the Minister for Transport if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the other Departments and State agencies currently offering this scheme to employees; and if he will make a statement on the matter. [13694/09]

The scheme is an important measure which highlights the Government's commitment to creating a culture of cycling in Ireland. It will, in conjunction with other measures that I will be announcing shortly, contribute to the achievement of my vision of increasing the modal share enjoyed by cycling to 10% of all journeys by 2020.

I am pleased to confirm that the Cycle to Work scheme has recently been introduced in my Department and that an invitation has issued to staff to avail of this worthwhile initiative. I am aware that the Department of Finance will in the near future be issuing a circular to all Departments to facilitate an homogenous scheme across the Civil Service. The scheme in my Department will, in due course, be adjusted if necessary to conform with this. As the Cycle to Work scheme is optional, the implementation of the scheme in the agencies under the remit of my Department is a matter for decision by those agencies. It would however be my expectation that these agencies would also respond positively and offer the benefits of this scheme to their employees.

National Walking Policy.

Ciaran Lynch

Question:

36 Deputy Ciarán Lynch asked the Minister for Transport when the national pedestrian strategy will be published; the key measures that will be contained in the strategy; if they will include home zone residential estates; if the strategy will necessitate new legislation; the cost of the new pedestrian strategy; and if he will make a statement on the matter. [13695/09]

The commitment to deliver a National Walking Policy is contained in one of 49 actions in Smarter Travel, A Sustainable Transport Future. Given the range of issues to be addressed in the new Smarter Travel policy, I expect that progress on the walking policy in 2009 will focus on researching best practice and identifying the issues so that we are in a better position to publish a policy in 2010.

To progress this area I intend setting up an interdepartmental working group. This group will ensure that the new policy integrates best practice from existing initiatives, and identifies the necessary additional initiatives. In terms of "home zones", the working group will consider the issue of how road space can be best managed to ensure walking fully realises its potential. All such issues will be considered in the terms of existing work in the area and the Smarter Travel policy. It is too early to say what the cost of the National Walking Policy will be.

Question No. 37 answered with Question No. 10.

Road Network.

Martin Ferris

Question:

38 Deputy Martin Ferris asked the Minister for Transport his reasons for ordering a halt to all regional road projects in County Donegal that have not already commenced construction. [13633/09]

Local authorities were advised by my Department on 23 February that, in order to enable the Government to have maximum discretion in future allocations, the Department of Finance was reviewing the current level of contractual commitments in respect of Exchequer capital expenditure. Local authorities were advised that, as a temporary measure, they may not enter into new contractual commitments in respect of regional or local road projects to be funded by State road grants. That restriction will be reviewed following the forthcoming Supplementary Budget.

The total capital allocation to the National Roads Authority (NRA) for its national roads investment programme for 2009 is €1.44 billion. All but approximately €50m of this year's allocation on national roads is already contractually committed and does not require prior Department of Finance approval. As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned.

Motor Industry.

Sean Sherlock

Question:

39 Deputy Seán Sherlock asked the Minister for Transport the measures he is considering to address the growing crisis in the road transport sector particularly in relation to the motor industry; if he has examined scrappage schemes as they currently operate in other EU states; if he has made policy suggestions to the Department of Finance on the introduction of a scrappage scheme here; and if he will make a statement on the matter. [13700/09]

I am aware of the difficulties facing the Irish motor industry at present, but the introduction of a scrappage scheme is a matter for the Minister for Finance. I have not made any policy proposals to him on this matter.

Greenhouse Gas Emissions.

Ciaran Lynch

Question:

40 Deputy Ciarán Lynch asked the Minister for Transport the estimated greenhouse gas emissions for the transport sector in respect of 2012, 2015 and 2020 in view of the recently changed economic conditions; if his Department has changed its targets for reducing transport emissions in view of the changed economic environment; and if he will make a statement on the matter. [13696/09]

The production of CO2 emissions projections is a matter for the Environmental Protection Agency. The latest such data available to my Department was published by the Agency in March 2009. At that time, average transport CO2 emissions for the 2008 to 2012 period were projected by the Agency to be in the region of 14.4 million tonnes. For 2015 and 2020, the projections were in the region of 16 and 18 million tonnes respectively.

With regard to the likely effects of the current economic situation on future transport emissions, it is not possible, at this stage, to make such predictions with accuracy. However, the EPA have carried out sensitivity analysis on economy wide emissions. This "economic shock" analysis suggests that the projected impact is relatively small in the longer term, amounting to around a 2% reduction in economy wide greenhouse gas emissions by 2020. The Government's aim is to achieve emissions reductions that are sustainable in the long term. It is therefore vital to address the necessary changes in personal behaviour over the short, medium and long term as outlined in Smarter Travel, A Sustainable Transport Future.

Question No. 41 answered with Question No. 14.
Question No. 42 answered with Question No. 24.

Rail Network.

Emmet Stagg

Question:

43 Deputy Emmet Stagg asked the Minister for Transport the status of the planning and tendering processes for metro north; the amount of public and private funding which will be spent on metro north in 2009 and in each year to 2015 and from 2015 to 2020; and if he will make a statement on the matter. [13682/09]

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 (RPA) on 27th February 2009. These tenders are now being evaluated by the RPA. The Oral Hearing before An Bórd Pleanála on the railway order application for Metro North commenced yesterday and the Board has indicated its anticipated decision to be before 4th September this year. In these circumstances, it is most unlikely that the enabling works which the RPA had planned to undertake (subject to securing an enforceable railway order) will commence in the current year. However, both the RPA and my Department will keep the matter under review including any necessary adjustments in the Exchequer allocation of €60m for the project in the current year.

It is not anticipated that any private funding will be spent on the project this year and the Exchequer allocation for Metro North for future years will be decided in the context of the Estimates exercise for each year. Funds raised for the project under Section 49 levy schemes, amounting to approximately €33m to date, cannot be spent unless and until the RPA has secured an enforceable railway order. 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 PPP 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 PPP tender process.

Road Network.

Liz McManus

Question:

44 Deputy Liz McManus asked the Minister for Transport his views on reports that the consortium that runs the M50 barrier free tolling system on behalf of the National Roads Authority is to review its operation; if he has had contacts with the National Roads Authority on this matter; if he will review the full operation of the M50 barrier free tolling system; and if he will make a statement on the matter. [13675/09]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority (NRA) under the Roads Act 1993 in conjunction with the local authorities concerned. More particularly, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the NRA under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Question No. 45 answered with Question No. 15.

National Cycling Policy.

Jack Wall

Question:

46 Deputy Jack Wall asked the Minister for Transport when the national cycling strategy will be published; the reason there has been such a delay in publishing this strategy; and if he will make a statement on the matter. [13693/09]

I intend to publish a National Cycle Policy Framework, which will act as a springboard to creating a culture of cycling in Ireland, shortly. I do not accept that there has been undue delay in publication of what will be a comprehensive framework.

Question No. 47 answered with Question No. 14.

Light Rail Projects.

Michael D. Higgins

Question:

48 Deputy Michael D. Higgins asked the Minister for Transport his views on the development of Luas systems for Cork, Galway and Limerick; the stage plans are at for these three infrastructure projects; if he has met local advocates of the three proposed light rail systems; if he will report on proposals for bus rapid transit systems for Cork, Galway and Limerick; and if he will make a statement on the matter. [13685/09]

In our Programme for Government of 2007 we made a commitment to conduct feasibility studies into Luas-type light rail systems in Cork, Galway, Limerick and Waterford, and to have these completed within two years. I subsequently asked the local authorities in these cities, which have responsibility for these studies, to see that the feasibility of Bus Rapid Transit systems was simultaneously taken into account.

The Cork, Galway and Waterford studies are currently under way, and I understand that the Limerick study is due to start shortly. I look forward with interest to the completion of these studies. I shall, on their completion, consider the recommendations in these studies before making decisions on how best to enhance public transport. I have met with local advocates of light rail in Galway, at their request. I made clear to them that I await the outcome of the feasibility study in Galway, and I recommended that they discuss their proposals with the consultants conducting the study.

Question No. 49 answered with Question No. 24.

Rail Network.

Willie Penrose

Question:

50 Deputy Willie Penrose asked the Minister for Transport when the Mullingar to Athlone railway line will be reopened; and if he will make a statement on the matter. [13687/09]

The reopening of closed railway lines is a matter for Iarnród Éireann in the first instance. The re-opening of the Athlone-Mullingar rail line was not identified as a priority in the Strategic Rail Review and is not provided for in Transport 21.

Budget Submissions.

Ruairí Quinn

Question:

51 Deputy Ruairí Quinn asked the Minister for Transport the submissions he has made to the Department of Finance for the emergency budget on 7 April 2009; the level of departmental funding for 2009, 2010 and 2011 which is under threat; the areas of transport funding he has advised the Department of Finance must be ring-fenced and protected and the areas legally committed for 2009; and if he will make a statement on the matter. [13665/09]

The information sought by the Deputy is currently under consideration by Government as part of the deliberative process in preparation for the Supplementary Budget. It would therefore be inappropriate for me to comment in advance of the budget.

Road Safety.

Róisín Shortall

Question:

52 Deputy Róisín Shortall asked the Minister for Transport if, in view of the loss of eight lives on roads here over the St. Patrick’s Day 2009 holiday period, he will liaise with the Road Safety Authority and An Garda Síochána to review all road safety measures that are in place; if he will increase the level of road safety enforcement on roads here; the actions under the RSA 2007 to 2012 strategy which have not been implemented on deadline and on budget; the reason for the failures; his plans for transport and residential road safety legislation; and if he will make a statement on the matter. [13668/09]

While we are making significant progress in reducing death and injuries on our roads, regrettably fatalities continue to occur, each of which is a tragedy for families, friends and communities. Road safety is a priority for Government, and the Road Safety Strategy 2007-2012 is a key safety initiative. It is being successfully implemented with the involvement of a number of Departments, An Garda Síochána, and other agencies, and we have seen a sustained reduction in the number of people killed on our roads. 2008 saw the lowest number of fatalities on record, down to 279, and the downward trend continues this year, with a further reduction at end March of [19] on the same period last year.

The Road Safety Authority is required to report to me annually on the implementation of the Actions in the Strategy, and has reported that all actions identified for 2007 have been completed. The report for 2008 will be presented to me in June, but it is clear that substantial progress continues to be made.

Air Services.

Thomas P. Broughan

Question:

53 Deputy Thomas P. Broughan asked the Minister for Transport his strategy for the development of Dublin Airport and the protection of air transport related jobs at the airport; the discussions he has had with the Dublin Airport Authority in this regard since 1 November 2008; and if he will make a statement on the matter. [13664/09]

Pat Rabbitte

Question:

56 Deputy Pat Rabbitte asked the Minister for Transport his views on the introduction of a special task force to address all issues in the aviation sector including the loss of aviation jobs at airline operators and in the aviation maintenance and engineering industries, the declining volume of passengers in the transport industry and the impact of the €10 airport departure tax on travel and tourism; and if he will make a statement on the matter. [13676/09]

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Minister for Transport the facilities envisaged for maintenance or overhaul of aircraft at Dublin Airport in the future; if it is intended to encourage the restoration of facilities provided by a company (details supplied); and if he will make a statement on the matter. [13982/09]

I propose to take Questions Nos. 53, 56 and 125 together.

As a truly global industry, the airline industry and the aviation sector more generally are particularly vulnerable in the current global economic downturn. In the context of our national aviation policy, my priorities are to maintain the highest possible levels of connectivity between Ireland and key markets around the world to support economic and tourism activity and to ensure that the development of our airports facilitates this. My Department will continue to closely monitor developments in the aviation sector that impact on these objectives.

I am very sensitive to the employment implications of the downturn on the aviation industry, particularly in the labour intensive aircraft maintenance sector and I have kept in close contact with my colleague the Tánaiste and Minister for Enterprise, Trade and Employment in recent weeks in relation to the employment implications of the proposed closure of SR Technics. In this regard, I can confirm that my officials are in close contact with the Department of Enterprise, Trade and Employment, the IDA and Enterprise Ireland to ensure that any viable proposals for aviation related projects to retain as many jobs as possible in aircraft maintenance are given serious consideration. The Dublin Airport Authority has also committed to giving serious consideration to any commercial proposal put to it as regards access to the hangars formerly used by SR Technics.

Turning to the Government's new airport departure tax, the introduction of which was announced by my colleague, the Minister for Finance, in the last budget in October 2008, it should be noted that Ireland is not unique in applying such a tax. A number of countries within the EU apply similar taxes including the UK and France, as do Australia and New Zealand. The rates for the Irish air travel tax at €10 and €2 are not unreasonable when compared to rates in other countries. While I appreciate the airline industry continues to go through a difficult period, oil prices have fallen significantly this year and it should be borne in mind that aviation fuel remains completely exempt from Government tax.

Road Network.

Kathleen Lynch

Question:

54 Deputy Kathleen Lynch asked the Minister for Transport if he and the Department of Finance have directed the National Roads Authority to stop all capital spending on road building and maintenance projects, including up to 80 projects currently being planned; the road building or maintenance projects which have been halted as a result of these new directions; and if he will make a statement on the matter. [13673/09]

The National Roads Authority has not been directed to stop all capital spending on roads projects. The total capital allocation to the National Roads Authority (NRA) for its national roads investment programme for 2009 is €1.44 billion. All but approximately €50 million of this is already contractually committed and the projects, for which this funding has been provided, will proceed as planned.

My Department has written to the Department of Finance seeking approval to proceed with the letting of contracts in respect of the remaining €50 million of the NRA's capital allocation. This includes the NRA's proposed programme of minor roadworks on both national primary and national secondary roads, as well as planning and preparatory works on a range of other projects. I expect the Department of Finance will respond to my Department following the Supplementary Budget of 7 April next.

Proposed Legislation.

Brian O'Shea

Question:

55 Deputy Brian O’Shea asked the Minister for Transport when the new Road Traffic Bill will be published; the reason there is a continuing delay with the introduction of this legislation; the role the Minister of State with special responsibility for road safety has had in preparing this new legislation; the key measures contained in the Bill; if there will be a provision for mandatory testing of all drivers involved in a serious road collision. [13690/09]

Joan Burton

Question:

59 Deputy Joan Burton asked the Minister for Transport his decision on whether to change the legal blood alcohol level for drivers; when he will introduce the necessary legislation; the level to which he plans to reduce the BAC; if he plans to introduce a different lower BAC level for learner and professional drivers; and if he will make a statement on the matter. [13691/09]

I propose to take Questions Nos. 55 and 59 together.

The text of the Road Traffic Bill, which, inter alia, proposes a reduction in the legal Blood Alcohol Content (BAC) level for drivers and measures for the mandatory testing for alcohol of drivers involved in road traffic collisions, is currently being drafted and is nearing completion. Government approval will then be sought for publication of the Bill. The Road Traffic Acts already provide that a member of An Garda Síochána may test a driver involved in a road traffic collision for alcohol. The Acts also provide for the testing of drivers in relation to drugs. A member of An Garda Síochána, if of the opinion that a driver is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of the vehicle, may require that person to go to a Garda station and further require that person to submit to a blood test or to provide a urine sample.

There is as yet no reliable system of preliminary roadside testing for drugs, but the Medical Bureau of Road Safety is keeping abreast of developments in this area. In the meantime, the draft Road Traffic Bill includes provisions for "field impairment testing" i.e. non-technological methods by which the Gardaí can make a preliminary assessment about the possible presence of drugs. Another key provision in the draft Bill is a reduction in the blood alcohol content (BAC) level for drivers, and this takes account of the recommendation and proposed levels made by the Road Safety Authority last year.

In response to the question on my role, I have responsibility for the road safety functions within the Department, which includes the Road Traffic Acts, corporate governance of the Road Safety Authority and the Medical Bureau of Road Safety, and the making of secondary legislation on issues such as driver testing and licensing, vehicle standards and the regulation of traffic. I have been closely involved in all stages of the preparation of the draft Road Traffic Bill.

Question No. 56 answered with Question No. 53.

Departmental Agencies.

Mary Upton

Question:

57 Deputy Mary Upton asked the Minister for Transport the way he envisages the work programme and role of the National Roads Authority evolving or changing during 2009 and from 2010 to the end of Transport 21 in view of recent budgetary changes resulting from the financial crisis; and if he will make a statement on the matter. [13666/09]

In line with Transport 21, the work programme for the National Roads Authority for the next two years remains focused on the completion of the inter-urban motorway and dual carriageway network and the completion of the M50 upgrade by 2010. Funding for these projects is already contractually committed and will ensure that the Government's objectives under T21 will be achieved.

Sanction has been sought from the Department of Finance to proceed with the letting of contracts in respect of some €50 million, all that remains of the NRA's capital allocation for 2009 which is uncommitted. This includes the NRA's proposed programme of minor roadworks on both national primary and national secondary roads, as well as planning and preparatory work on a range of other projects. I expect the Department of Finance will respond to my Department following the Supplementary Budget on 7 April next.

The priority for the roads investment programme after the completion of the major interurban network, will be the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. Decisions to proceed with projects will be taken from time to time in the light of the available public finance.

As regards the role of the NRA, its primary function under the Roads Act 1993, as amended, is to secure the provision of a safe and efficient network of national roads. There are no plans to change this function. However, as the major construction and improvement programme moves towards completion in future years, the Authority will be increasingly focused on the renewal, maintenance and management of the network. I will also work with the NRA to identify new ways in which its very substantial technical skills and construction programme management expertise can be put to use.

Transport Costs.

Bernard J. Durkan

Question:

58 Deputy Bernard J. Durkan asked the Minister for Transport the steps he has taken or proposes to take to reduce transport costs; and if he will make a statement on the matter. [13737/09]

My Department has no direct control of transport costs in general but keeps under review costs arising from the services provided through our agencies.

Question No. 59 answered with Question No. 55.

Road Network.

Liz McManus

Question:

60 Deputy Liz McManus asked the Minister for Transport if he has received a report from the National Roads Authority on the proposed extension of the C-ring M50 into the eastern orbital outer ring road; his views on the development of this new road project and its proposed timeframe; and if he will make a statement on the matter. [13674/09]

As the Deputy will be aware, as Minister for Transport, I have responsibility for overall policy and funding in respect of the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority (NRA) under the Roads Act 1993 in conjunction with the relevant local authorities. In 2007, the NRA forwarded a report on the feasibility of the construction of a Dublin Eastern Bypass to my Department.

Neither Transport 21 nor the National Development Plan provides any funding for the project to be constructed in the period to 2015. The Government has already made it clear that, under Transport 21, its priorities for the national roads investment programme, after the completion of the major interurban network in 2010, will be the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. It is clear that in the current economic climate, further progress on long term projects, such as the Eastern Bypass, will only be possible as and when resources become available.

The Eastern Bypass proposal remains an important potential element of our longer-term infrastructure development. My Department will continue to liaise with the roads and planning authorities concerned to ensure that route options are preserved free of impediment for this potential project.

Road Safety.

Denis Naughten

Question:

61 Deputy Denis Naughten asked the Minister for Transport his plans to reform the penalty points system; and if he will make a statement on the matter. [13648/09]

Penalty points were first applied in October 2002 to the offence of speeding and have been rolled out in stages between then and September 2006 in respect of a total of 36 offences. The focus of the roll-out of the penalty points system to date has been on road safety critical offences that relate primarily to the behaviour of drivers. The operation of the system is kept under review by my officials in consultation with the Department of Justice, Equality and Law Reform, An Garda Síochána and the Courts Service. An expansion of the offences covered by penalty points is one of the Actions in the Road Safety Strategy, and it is my objective to introduce the necessary provisions on a phased basis this year.

Question No. 62 answered with Question No. 14.

Driving Tests.

Joanna Tuffy

Question:

63 Deputy Joanna Tuffy asked the Minister for Transport if he has been briefed by the Road Safety Authority on the status of the RSA’s driver testing programme; if he is satisfied that the ending of the private operator contract (details supplied) with the RSA will not see a return to excessively long waiting lists for driving tests; his views on measures to encourage older drivers on provisional licences to sit their driving test; and if he will make a statement on the matter. [13688/09]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the delivery of driver testing is a matter for the Road Safety Authority. Decisions taken in relation to the provision of driver testing facilities are operational matters for the Authority and queries in relation to such matters should be raised directly with that statutory body.

Skill Shortages.

Joe McHugh

Question:

64 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans being introduced to cut funding in the Skillnets programme nationwide; and if she will make a statement on the matter. [13899/09]

Joe McHugh

Question:

65 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will amend her decision to cut the Skillnets programme in view of the fact that training of the unemployed would benefit enterprise here in the long term, and further in view of the fact that Skillnets exposes participants to networking opportunities which enhance their employment prospects; and if she will make a statement on the matter. [13900/09]

I propose to take Questions Nos. 64 and 65 together.

As I indicated in the reply to Question No 26 [13739] of 1 April 2009 all Departmental budgets are currently under review. Any reallocations that result will reflect the funding priorities that have been agreed by the Government and the changes necessary to support their delivery. Government funding of the Skillnets Training Networks Programme, which supports enterprise-led training in the workplace, has increased in recent years and has been indicative of the Government's commitment to upskilling persons in employment, with particular emphasis on those with low basic skills, to retain and enhance employability and maintain competitiveness.

However, the changed economic and employment market situation has meant that many of the workers who would have benefited from training programmes for those in employment are now unemployed. In my view that means that we must adjust our training programmes to the new reality. That is why my Department is implementing a number of initiatives to increase training for the unemployed. This will mean refocusing some of the finite budgetary resources for training towards activation measures aimed at training greater numbers of unemployed persons. It is in this context that the Skillnets Training Network Programme allocation for 2009 is under review in the context of the forthcoming April Budget.

I am aware that proposals have been made to my Department from Skillnets as to how the enterprise-led skillnets training network model might potentially be of assistance in the training and upskilling of the unemployed and of part-time workers. These proposals are currently under discussion with the Department.

FÁS Training Programmes.

Beverley Flynn

Question:

66 Deputy Beverley Flynn asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Mayo will receive the moneys granted to them by the rights commissioner in February 2008. [13930/09]

As Tánaiste and Minister for Enterprise, Trade and Employment I do not have a role in the administration of individual cases. This is a day-to-day matter for FÁS as part of their responsibility under the Labour Services Act 1987.

IDA Property.

John Deasy

Question:

67 Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of factories in the city and county of Waterford, on which the Industrial Development Authority has long-term lease agreements, that are empty; the cost to the State of long-term lease agreements for these premises; and if she will make a statement on the matter. [13948/09]

The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the Agency, as part of the statutory responsibility assigned to it by the Oireachtas. The property function is for the most part self-financing with €3 million in Oireachtas funding proposed for 2009. I have been informed by IDA that, at present, there are six units in Waterford City and County on which the IDA has long-term lease agreements, and which are currently available for promotion. The amount due on the balance of the leases of these 6 properties is €1.34 million. IDA Property Division continues to market these facilities to IDA and Enterprise Ireland clients and will endeavour to do so for the remainder of the lease period. In the event of these properties being occupied, there would no longer be a rental obligation.

Job Losses.

John Deasy

Question:

68 Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of job losses in Waterford city and county in each of the years 2004 to date in 2009; and if she will make a statement on the matter. [13949/09]

Unemployment is measured by the Quarterly National Household Survey or QNHS and published by the Central Statistics Office. It does not provide data on particular counties but only on regions. Employment in the South East Region, which includes Waterford, has increased by 30,700 while unemployment has also increased by 10,700 in the period Quarter 4 2004 to Quarter 4 2008 (September-November). In relation to the numbers of jobs lost, there is no exact measure; however, the Department records the number of redundancies notified to them on a monthly basis. The table below sets out the number of redundancy notifications received for County Waterford for the years 2004 to date.

QNHS Quarter 4

Unemployment

Year on Year Change Unemployment

Employment

Year on Year ChangeEmployment

2004

11,600

+1,200

193,600

+3,900

2005

12,200

+600

202,300

+8,700

2006

11,200

-1,000

217,900

+15,600

2007

11,700

+500

225,800

+7,900

2008

21,100

+9,400

220,400

-5,400

Total

+10,700

+30,700

Redundancies in County Waterford

Year

2004

2005

2006

2007

2008

Jan-March 2009

Total

Numbers

885

998

675

631

1,572

558

5,319

Job Creation.

Frank Feighan

Question:

69 Deputy Frank Feighan asked the Tánaiste and Minister for Enterprise, Trade and Employment the employment opportunities that have been sought or are in the pipeline for Carrick-on-Shannon, Mohill and Ballinamore, County Leitrim by Enterprise Ireland. [13953/09]

Enterprise Ireland is the lead Government agency responsible for the development of indigenous Irish enterprise. Its mission is to accelerate the development of world-class Irish companies to achieve strong positions in world markets. Enterprise Ireland delivers a wide range of supports to Irish companies, targeted at the specific requirements of clients throughout all regions to ensure that they develop to their full potential in terms of innovation and exports, which in turn stimulates job creation.

Enterprise Ireland is available to work with and support local entrepreneurs with commercial business plans and provides preferential funding for entrepreneurs and companies with detailed export plans who are expanding or establishing a business in Leitrim as part of the BMW Region. In January 2009, a two-night Enterprise Start Introduction workshop was held in Carrick-on-Shannon with 17 participants. A number of the participants were assigned a mentor to explore their business plans further, a number will progress to other programmes and a number were referred to Leitrim County Enterprise Board for further help. Additionally, a Growth Fund Briefing for existing companies in the area was held in January 2009 to help companies explore new growth potential.

Enterprise Ireland has approved funding of over €2.3 million under the various CEC Schemes in support of Community Enterprise Centres in Co Leitrim. These include Centres in Drumshanbo (the Food Hub and Drumshanbo Enterprise Centre), Carrick-on-Shannon (the Market Yard and Carrick-on-Shannon Business Park), Mohill, Drumkeerin, Ballinamore (Ballinamore Enterprise Centre and Ballinamore and Ballyconnell Enterprise Centre), Keshcarrigan and Manorhamilton (Manorhamilton Enterprise Centre and Manorhamilton Enterprise Forum).

Enterprise Ireland also works with Leitrim County Enterprise Board, Leitrim County Development Board and Leitrim CDB Economic Development Sub-Committee to enhance economic development within the county. To date in 2009 total funding to Enterprise Ireland clients in County Leitrim stands at €247,649.

Departmental Programmes.

Thomas P. Broughan

Question:

70 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the operation of the cycle to work scheme in her Department; if all agencies under the remit of her Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of her Department currently offering this scheme to employees; and if she will make a statement on the matter. [14152/09]

My Department has not yet made any plans in respect of this matter and is awaiting instructions from the Department of Finance outlining details of the scheme and how it should be implemented in Government Departments. My Department and the Offices of my Department will comply with the instructions from the Department of Finance which will also be brought to the attention of the State Agencies which come under the remit of my Department.

Tax Code.

James Bannon

Question:

71 Deputy James Bannon asked the Minister for Finance the steps he is taking in relation to UK and Northern Ireland registered vehicles being driven on roads here with no VRT or road tax, exempting them from incurring parking fines, speeding fines or penalty points and which are being imported by known dealers who do not possess a correct TAN number and are not subject to VAT or tax payments, with such trade being to the detriment of the native legitimate motor industry; and if he will make a statement on the matter. [13858/09]

I am advised by the Revenue Commissioners that as a general rule all vehicles imported permanently into the State must register for 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 permits a European or other foreign registered vehicle which is 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. Statutory Instrument No. 60 of 1993 prescribes the criteria for eligibility for the granting of temporary exemption on registration. These provisions are in line with Article 39 of the EU Treaty, which provides for the free movement of people within the EU, and a reciprocal arrangement is also in place for our own State residents in fellow Member States.

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. Additionally, regular national blitzes (i.e. short periods of concentrated activity involving numerous extra checkpoints, co-ordinated across the country, targeting evasion of VRT, VAT and the use of unmarked mineral oil) take place. Such a blitz is now underway and featured prominently in the news bulletins on Sunday last, 29 March 2009.

For their part, Revenue mobile units challenged 20,669 vehicles in 2008. Of these some 15,321 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 in excess of €1.1 million were imposed in respect of these vehicles.

In 2008, 55,819 used passenger vehicles were registered and the total VRT paid thereon amounted to €190 million, while there were 28,727 used commercial vehicles registered and the total VRT paid thereon amounted to €6.8 million. There is some evasion of VRT, with individuals delaying registration as long as possible. The Deputy will be aware that legislative provisions in the recently enacted Finance (No.2) Act 2008 (Sections 62 and 64 refer) tighten up the rules in relation to the registration of second hand vehicles and the late payment of VRT. Section 62, in particular, allows the Revenue Commissioners to raise an estimated assessment of additional VRT in situations where the tax has not been paid within the prescribed period.

In relation to the registration of second hand vehicles by dealers who are either not TAN (Trader Account Number) holders or who are abusing their authorised status, Revenue officials are constantly monitoring potential evasion of VRT and VAT. I am advised by the Revenue Commissioners that new measures to cancel an authorisation to hold unregistered vehicles introduced since the 2008 Finance Act are being implemented in specific cases of abuse of the authorised dealer status.

I am conscious that VRT evasion can lead to distortion of competition. The measures I have introduced in the Finance (No.2) Act 2008 are part of the response. Ongoing enforcement activity by the various agencies within the sector — the Road Safety Authority, the Garda, the local authorities and Revenue — ensure compliance with all aspects of traffic management of the national vehicle fleet. Indeed, it should be borne in mind that the right to import a vehicle, register it and pay the appropriate taxation on time is protected and honoured by the majority of those who source their vehicles abroad. Notwithstanding this, I believe the measures introduced in the Act will improve the regulatory framework for all in this area.

If the Deputy has any specific information relating to any potential abuses of VRT or VAT legislation and regulations in the State, details may be forwarded on a confidential basis to the Case Management and Enforcement Units in any Revenue District. Revenue's enforcement officials will act upon any such information received. Finally, matters relating to road tax are within the remit of the Minister for the Environment, Heritage and Local Government and matters relating to parking fines, speeding fines and penalty points are within the remit of the Minister for Justice, Equality and Law Reform and the Garda Síochána.

Pension Levy.

Seán Ardagh

Question:

72 Deputy Seán Ardagh asked the Minister for Finance if he will examine the situation in relation to the pension levy for the research staff of Trinity College (details supplied); and if he will make a statement on the matter. [13854/09]

Public servants who are members of public service pension schemes are liable to pay the pension-related deduction legislated for in the Financial Emergency Measures in the Public Interest Act 2009. On this basis, third-level researchers on fixed-term and temporary contracts must pay the deduction, since they are members of the relevant occupational pension schemes. They are just one of many groups of non-permanent public servants paying the deduction. Distinctions between public servants on the basis of whether they are permanent or temporary, and if temporary what contract duration applies, are irrelevant insofar as liability to pay the deduction is concerned. The pay of the post, in terms of whether it features incremental progression, is likewise irrelevant.

In recent years fixed-term researchers in third-level institutions have been made pensionable, and this has significantly improved the attractiveness of a research career. These researchers accrue pensionable service even for short-duration appointments and that service can be aggregated with past and future service in other pensionable public service employment. Section 6 of the Act provides for a refund of the deduction in certain circumstances, and should reassure third-level researchers on short-term non-renewable contracts who have no prior public service employment history and who may be concerned about accruing no pension benefit at the expiry of their contract due to insufficient service. A deduction refund may be payable provided that the departing employee has accrued no benefits under any public service pension scheme, has not received a payment in lieu of scheme membership and has not transferred the service to another public service pension scheme.

Section 8 of the Act grants the Minister for Finance a limited special discretion to exempt groups of public servants from payment of the deduction. Specifically, where he is satisfied that due to exceptional circumstances, a particular class or group of public servants are materially distinguished from other classes or groups who are subject to the deduction, then the Minister may fully or partly exempt this group from paying some or all of the deduction, if he believes it would be fair and equitable to do so. The deduction is required at a time of great pressure on the public finances and takes account of the valuable pension benefits available to public servants.

In light of all the above factors, I am satisfied that it is fair and appropriate that public servants on fixed-term and temporary contracts, including third-level researchers, are subject to the pension-related deduction. In the event that any class or group of public servants makes an appeal for exemption from the deduction under section 8 of the Act then such an appeal will be considered.

Departmental Staff.

Phil Hogan

Question:

73 Deputy Phil Hogan asked the Minister for Finance the number of qualified accountants directly employed by his Department; and if he will make a statement on the matter. [13869/09]

As I indicated to your colleague Deputy Brian Hayes on 10th March, there are 12 officers with professional accountancy qualifications currently employed in my Department. In addition, a further 7 staff have degrees in Accounting or accounting related disciplines.

Decentralisation Programme.

John O'Mahony

Question:

74 Deputy John O’Mahony asked the Minister for Finance the number of Government offices and Departments that have been relocated under the decentralisation project with the location of each in tabular form; and if he will make a statement on the matter. [13892/09]

The attached table sets out details provided to my Department of staff moved to date under the decentralisation programme.

Decentralisation — Organisations and Staff Moved

Position Last Updated: 1st April 2009

Location

Organisation

Staff moved

Carlow

1

Carlow (advance party)

Dept of Enterprise Trade & Employment

101

Cavan

2

Cavan (advance party)

Dept of Communications Energy & Natural Resources

56

Clare

3

Kilrush

Office of the Revenue Commissioners

57

4

Shannon1(advance party)

Enterprise Ireland

66

Cork

5

Clonakilty

Dept of Agriculture Fisheries & Food

84

Sea Fisheries Protection Authority

47

6

Cork

Health Information & Quality Authority

37

Galway

7

Clifden (advance party)

Pobal

25

8

Loughrea

Road Safety Authority

40

Dept of Transport — Road Haulage

10

9

Na Forbacha

Dept of Community Rural & Gaeltacht Affairs

11

Kerry

10

Killarney

Dept of Arts Sports & Tourism

87

11

Listowel

Office of the Revenue Commissioners

52

Kildare

12

Athy (advance party)

Office of the Revenue Commissioners

74

13

Naas

Irish Auditing & Accounting Supervisory Authority

12

Kilkenny

14

Thomastown ( advance party in Kilkenny )

Health & Safety Authority

32

Laois

15

Portarlington (advance party)

Data Protection Commissioner

23

Equality Tribunal

8

NCCA

12

16

Portlaoise (advance party)

Dept of Agriculture Fisheries & Food

300

Leitrim

17

Carrick-on-Shannon

Dept of Social & Family Affairs

152

Limerick

18

Limerick

Dept of Foreign Affairs — Development Co-operation Ireland

128

Newcastlewest (advance party in Limerick)

Office of the Revenue Commissioners

51

Longford

19

Longford

Irish Prison Service

126

Louth

20

Dundalk2 (advance party)

Sustainable Energy Ireland

2

Mayo

21

Ballina

Road Safety Authority

62

22

Charlestown (advance party in Tubbercurry)

Dept of Community Rural & Gaeltacht Affairs

100

23

Claremorris (advance party)

Office of Public Works

32

Meath

24

Navan

Coroners Service

4

Garda Civilian Human Resources Division

38

National Property Services Regulatory Authority

9

Office of the Director of Probation Service

15

Office of the Revenue Commissioners

100

25

Trim (advance party in Scurlockstown)

Office of Public Works

35

Offaly

26

Birr (advance party)

FAS

26

27

Tullamore

Dept of Finance

125

Roscommon

28

Roscommon (advance party)

Property Registration Authority — Land Registry

85

Sligo

29

Sligo

Dept of Social & Family Affairs

72

Tipperary

30

Tipperary

Dept of Justice Equality & Law Reform – Private Security Authority

32

Irish Naturalisation & Immigration Service (Advance Move)

64

31

Thurles (advance party)

Garda HQ – Garda Central Vetting Office

66

Grada HQ — Fixed Charge Processing Section

67

32

Roscrea (advance party)

Equality Authority

15

Westmeath

33

Athlone

Dept of Education & Science

88

34

Mullingar (advance party)

Dept of Education & Science

7

Wexford

35

Wexford (advance party)

Dept of Environment Heritage & Local Government

43

Total

2,678

1Includes 40 Shannon Development posts absorbed into Enterprise Ireland and additional posts located in Shannon under a parallel process.

2SEI are in the process of relocating a further 13 posts to Dundalk.

John O'Mahony

Question:

75 Deputy John O’Mahony asked the Minister for Finance the cost of purchasing lands and offices for Government Departments that have been relocated under the decentralisation project with the location of each in tabular form; and if he will make a statement on the matter. [13893/09]

The information requested by the Deputy is detailed on the attached tabular statement:

Decentralisation Programme Expenditure of site purchases

Location

Site Cost

Carlow

1,440,000

Clonakilty

2,875,000

Buncrana

1,105,860

Killarney

4,500,000

Newcastle West

325,000

Longford

576,250

Trim

3,600,000

Thurles

967,500

Dungarvan

2,100,000

Knock

390,000

Cavan

2,900,000

Claremorris

2,500,000

Tipperary

1,625,000

Edenderry

1,500,000

Roscommon

3,000,000

Drogheda

10,075,000

Portlaoise

1,027,636

Mullingar

8,250,000

Wexford

3,500,000

Waterford

8,000,000

Thomastown

1,800,000

Newbridge

5,500,000

Building Purchase

Location

Building cost including fit-out

Tullamore

10,034,000

John O'Mahony

Question:

76 Deputy John O’Mahony asked the Minister for Finance the cost to date for renting office space for Government Departments that have been relocated under the decentralisation project with the location for each in tabular form; and if he will make a statement on the matter. [13894/09]

The information requested by the Deputy is currently being compiled and will be forwarded as soon as possible.

Tax Code.

Joe McHugh

Question:

77 Deputy Joe McHugh asked the Minister for Finance if he is liable for EU fines for charging another form of tax when buying vehicles in the EU; and if he will make a statement on the matter. [13901/09]

EU Member States are entitled under EU law to charge National taxes provided that such taxes are applied equally to imported and indigenous goods. In this regard, VRT complies with EU law in that the VRT charged on a second hand (used) vehicle imported into the State is equivalent to the amount of residual VRT contained in a similar Irish vehicle that is registered in the State. VRT has been examined by the European Court of Justice and has been found to be compatible with EU legislation.

Flood Relief.

Paul Kehoe

Question:

78 Deputy Paul Kehoe asked the Minister for Finance the names of all consultants who have worked on a project (details supplied); the amount the plans have cost to date; the amount of time dedicated by officials of the Office of Public Works to the project; and if he will make a statement on the matter. [13915/09]

The Office of Public Works (OPW) has produced an outline design for a preferred flood relief scheme for the town of Enniscorthy, Co. Wexford and has just completed a formal public exhibition of that design, as required under the Arterial Drainage Acts. This outline design was completed by internal Engineering staff within the OPW in consultation with Enniscorthy Town Council and Wexford County Council. External Consultants, Royal Haskoning were appointed to produce an Environmental Impact Statement and a property survey was also procured externally through Research Ireland. OPW has also provided funding to Enniscorthy Town Council for initial design work on a replacement bridge for the existing Seamus Rafter Bridge.

Total costs associated with the proposed scheme since Wexford County Council and Enniscorthy Town Council asked OPW to develop flood relief proposals in 2001 are €169,744.38. Information is not readily available to quantify the cost of the time spent on the proposed scheme by OPW personnel, who have been working on a number of other projects contemporaneously with Enniscorthy. OPW will now examine observations made arising from the public exhibition and ongoing consultation with interested parties and will make decisions in relation to the progression of the proposed scheme once this process is completed.

Departmental Agencies.

Michael Creed

Question:

79 Deputy Michael Creed asked the Minister for Finance the salaries and bonuses paid to the chief executive and directors of the National Treasury Management Agency in 2008; the criteria on which payment of bonuses is based; the cost to the Exchequer of salaries and bonuses for the agency in 2008; and if he will make a statement on the matter. [13916/09]

The remuneration packages of all National Treasury Management Agency staff, including that of its CEO, are negotiated on an individual contract basis and are confidential. According to the National Treasury Management Agency's 2007 Annual Report — their most recent Annual Report — total salaries and bonuses amounted to €16.4 million in 2007. The administration accounts (including pay and pensions, etc.) of the NTMA are audited by the Comptroller & Auditor General each year.

Banking Sector Regulation.

Martin Ferris

Question:

80 Deputy Martin Ferris asked the Minister for Finance the proportion of Irish commercial banking assets invested here. [13926/09]

I am advised by the Financial Regulator and the Central Bank that the data which are collected from the resident offices of banks operating in Ireland are not collated in such a way as would enable the information requested by the Deputy to be supplied.

Tax Code.

Kieran O'Donnell

Question:

81 Deputy Kieran O’Donnell asked the Minister for Finance if he foresees change regarding the tax treatment of retirement lump sums in public and private sector pensions. [13960/09]

The House will appreciate that I do not propose to comment on what may or may not be contained in the forthcoming supplementary Budget.

Financial Services Regulation.

John Deasy

Question:

82 Deputy John Deasy asked the Minister for Finance if the proposed insurance mediation directive two regulations will continue to treat solicitors and accountants on a different basis to independent insurance brokers by means of the approved professional body regime; and if he will make a statement on the matter. [14023/09]

I met with one of the insurance brokers' representative associations on 17 February last. The specific issue they highlighted was in relation to the conclusions drawn in a recent Regulatory Impact Assessment (RIA) which was conducted by my Department. This recommended that, when amending the Insurance Mediation Regulations (S.I. No. 13 of 2005), the existing regulatory regime should be maintained for accountants that perform insurance mediation business on an ancillary basis. However, the RIA also made a number of recommendations which were aimed at making the existing Approved Professional Body (APB) regime more transparent. In particular, the RIA recommended that the current benchmark for determining ancillary business should be reviewed.

The representative association had argued strongly against the retention of the existing APB regime during the RIA process. On the other hand, the accountancy representative bodies argued the contrary position equally strongly. In those circumstances, it was appropriate that particular emphasis should be given to the position of the Financial Regulator, in view of its role in regard to the supervision of insurance intermediaries, as well as its statutory responsibility for consumer protection. The Financial Regulator's assessment was that the current APB regime delivers effective regulation in a rigorous, independent and professional manner. The Financial Regulator confirmed to the Department that there is no evidence that the APB supervisory regime is less effective than direct regulation by the Financial Regulator. As far as the impact on consumers and the rights of citizens are concerned, the assessment of the Financial Regulator is that customers are best served by the retention of the present APB arrangement for insurance mediation.

At the meeting referred to earlier, the association disagreed with this conclusion and, consequently, I offered to ask the Financial Regulator to re-examine its assessment. The Financial Regulator is at present analysing the counter arguments put forward by the association and I await the Financial Regulator's further assessment with interest.

John Deasy

Question:

83 Deputy John Deasy asked the Minister for Finance if he will accept a proposal from an organisation (details supplied) to exempt both basic banking and insurance products from the consumer protection code. [14024/09]

At the outset I would like to point out to the Deputy that the decision on any exemptions from the Financial Regulator's Consumer Protection Code (CPC) is a matter for the Financial Regulator under Section 117 of the Central Bank Act 1989. I only have the right to be consulted when the Financial Regulator draws up, amends or revokes one of its Codes of Practice.

The CPC already contains some exemptions from its requirements for the provision of a "basic banking product or service". Such a product or service is excluded from the ‘Knowing the Consumer' and ‘Suitability' provisions of the CPC when certain criteria are met. A "basic banking product or service" is defined in the CPC as ‘a current account, overdraft, ordinary deposit account or a term deposit account with a term of less than one year'. A bank must first establish that the consumer is seeking a basic banking product and when the bank has established that this is the case must advise of any restrictions on the account and of any lower cost alternatives that may be available from the bank.

Unlike basic banking products, which are designed to be generically suitable for all, insurance products are affected by the individual circumstances of consumers. For example, when a consumer is purchasing a life assurance policy the policy detail and price may be affected by whether the consumer is a smoker or not. Similarly in motor insurance the age and accident history will have implications for the insurance policy offered. Therefore it is appropriate that the CPC fully applies to these products.

John Deasy

Question:

84 Deputy John Deasy asked the Minister for Finance if he will accept a request from an organisation (details supplied) to be included on the restructured board of the Central Bank/Financial Regulator and the industry panel; and if he will make a statement on the matter. [14025/09]

In progressing the agenda for the reform of the Irish financial regulatory system, the Government will make appointments to the regulatory authority based on the authoritative standing, expertise and experience of individuals. The Financial Services Consultative Industry Panel is intended to be representative of the industry as a whole and no particular organisation or group is automatically appointed. When making appointments to the Panel, I seek to ensure that over time a broad range of relevant interests is, as far as possible, appointed. The organisation referred to by the Deputy has in the past served on the Industry Panel and I would expect that it will be asked to do so again in the future. In the meantime, the organisation is of course welcome to express its views on financial services issues to the current Panel.

Mortgage Agreements.

Willie Penrose

Question:

85 Deputy Willie Penrose asked the Minister for Finance if he will take steps to request the various financial institutions to facilitate without penalty people who are on fixed rate mortgages with the particular institution to transfer to variable rate mortgages particularly in view of the financial and economic circumstances, whereby people’s salaries are being reduced or the number of days they are working each week is being reduced; if his attention has been drawn to the fact that some financial institutions have permitted their clients a change without penalty to a variable; if same will be discussed with all institutions who provide mortgages that this is appropriate in the current circumstances; and if he will make a statement on the matter. [14027/09]

The Deputy's question refers to the redemption fee applied by mortgage providers in circumstances that a customer seeks to break a fixed rate mortgage. Mortgage lenders in Ireland generally seek to recover costs of funds when a borrower with a fixed rate mortgage agreement seeks to terminate the agreement some time before the term agreed. Traditionally redemption fees were articulated with the institution specifying that a given number of months interest would apply. Overtime, they have generally moved towards a mechanism which reflects the difference between the contracted rate and current market rates applied to the amount outstanding for the remaining fixed period. Where a redemption fee is payable on a housing loan the mortgage agent has to inform the consumer about it at the outset.

Compensation sought by the lender reflects the cost to the institution of having ensured the availability of funds on the capital market at a certain cost, as against selling them on at a related price. Institutions fund the fixed rate agreement through funding on markets, generally through interest rate swaps. This allows them to hedge their exposure to interest rate fluctuations. Where the borrower seeks to repay the loan before the contractually agreed fixed term in an environment where interest rates have declined, the institution is exposed to re-investment risk, i.e., it will be unable to re-lend the funds at a rate related to their cost, due to intervening market fluctuations.

Ireland is relatively unusual in the EU context in that borrowers have an absolute legal right to repay their loan early as set out in Section 121(1) of the Consumer Credit Act 1995. However Section 121 goes on to recognise that while a consumer will not be liable to pay an early redemption fee with respect to a variable rate loan, this exemption from redemption fees does not apply where the rate of interest is fixed or is fixed for one year. The Deputy may wish to note that as part of the preparations for the EU White Paper on Mortgage Market Integration, the Mortgage Industry and Consumers Expert Group agreed that lenders should receive a compensation when a consumer repays his or her fixed rate loan earlier than at its contractual termination.

The Financial Regulator has advised my Department that there had been a recent issue involving an institution which allowed, without charge, a number of customers to switch from fixed to variable rate mortgages but this practice was discontinued as the number of customers, and the cost, increased substantially. There are significant benefits for both individual householders and for the stability of the housing and financial sector overall from greater take-up of fixed rate mortgages. I do not believe that it would be wise to embark on any course of action which could impact adversely on the cost and availability of fixed rate mortgages in the future.

Departmental Programmes.

Thomas P. Broughan

Question:

86 Deputy Thomas P. Broughan asked the Minister for Finance if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14153/09]

Tax relief was provided in the Finance (No 2) Act 2008 where an employer provides a bicycle for an employee. My Department is currently examining the best practice in implementing the scheme particularly in relation to procurement, warranty and insurance issues. Advice on these issues has been sought from the State Claims Agency, Chief State Solicitors Office and Office of the Attorney General. Once clarification has been received, the Department of Finance will issue a circular providing for a scheme in the Civil Service and this scheme can provide a framework for a similar scheme in the wider Public Service.

Nursing Home Subventions.

Mary Upton

Question:

87 Deputy Mary Upton asked the Minister for Health and Children the ceiling for earnings that will allow a person (details supplied) in Dublin 12 to be entitled to a subvention for a private carer; and if she will make a statement on the matter. [13866/09]

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

Health Service Staff.

Pat Breen

Question:

88 Deputy Pat Breen asked the Minister for Health and Children if she will report on whether vacancies currently advertised in the public sector will be adversely affected by a possible introduction of a recruitment ban; the position regarding the filling of two vacancies (details supplied); and if she will make a statement on the matter. [13886/09]

Pat Breen

Question:

94 Deputy Pat Breen asked the Minister for Health and Children if the filling of vacancies (details supplied) will be proceeding as planned; and if she will make a statement on the matter. [13888/09]

Tom Hayes

Question:

97 Deputy Tom Hayes asked the Minister for Health and Children if the adult respiratory consultant post, the paediatric consultant post and the nursing posts at Limerick regional hospital for cystic fibrosis patients will be recruited and hired in view of the statement (details supplied) regarding freezing recruitment in the public service; and if she will make a statement on the matter. [13914/09]

Joe Carey

Question:

98 Deputy Joe Carey asked the Minister for Health and Children if the statement (details supplied) in relation to a public service recruitment embargo will have an impact on the recently advertised position for a consultant respiratory physician covering the mid-west region based at the Mid-West Regional Hospital, Limerick; and if she will make a statement on the matter. [13919/09]

I propose to take Questions Nos. 88, 94, 97 and 98 together.

As the Deputies are aware a moratorium was recently announced. This moratorium does not apply to consultants and therapists. In the case of other staff, options such as redeployment across all services need to be examined.

Proposed Legislation.

Martin Ferris

Question:

89 Deputy Martin Ferris asked the Minister for Health and Children her views on introducing legislation to enable the prosecution of people who carry out genital mutilation of young girls here in view of the level of cases estimated by some health sector workers. [13925/09]

Legal advice which I obtained in 2004 strongly indicated that Female Genital Mutilation would constitute an offence under the Non-Fatal Offences Against the Person Act 1997. In September 2006, the UN Committee on the Rights of the Child (UNCRC) in its concluding observations on Ireland's second period report urged Ireland to continue its efforts to end the practice of Female Genital Mutilation through, inter alia, prohibiting it by law. I am currently examining the question of introducing specific legislation to ban Female Genital Mutilation in the context of the UNCRC’s recommendations. I am not aware of any evidence that Female Genital Mutilation is being carried out in Ireland among established migrant ethnic communities now living here.

General Medical Services Scheme.

Paul Kehoe

Question:

90 Deputy Paul Kehoe asked the Minister for Health and Children if a general practitioner treating a GMS patient is paid per visit or per prescription issued in respect of that patient; and if she will make a statement on the matter. [13848/09]

Under the General Medical Services (GMS) Scheme general practitioners hold one of two contract types, i.e., the fee per item contract (first introduced in 1972) or the capitation contract (effective from 1989). Fee per item contract GPs are paid a fee per visit by a GMS patient and under the capitation contract, GPs are paid a yearly capitation fee per patient. The capitation fee paid by the Health Service Executive (HSE) to the GP varies depending on the age, gender and distance of the GMS patient's home from the GP's surgery. Over 99% of GPs contracted by the HSE to provide services under the GMS Scheme do so under the capitation contract.

Health Service Staff.

James Bannon

Question:

91 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford has not been paid an agreed salary for work undertaken as a health professional with the Health Service Executive but has received travel expenses; and if she will make a statement on the matter. [13855/09]

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

Ambulance Service.

Paul Connaughton

Question:

92 Deputy Paul Connaughton asked the Minister for Health and Children if she will ascertain from the Health Service Executive if there are private ambulance service contracts from the HSE due for publication, in particular intermediate care transfers; the date on which same will occur; and if she will make a statement on the matter. [13876/09]

Paul Connaughton

Question:

93 Deputy Paul Connaughton asked the Minister for Health and Children if she will ascertain from the Health Service Executive the reason some private ambulance services currently on the VHI directory of private ambulance service providers are being excluded from accessing VHI patients in HSE facilities despite having undergone an independent clinical and quality audit; and if she will make a statement on the matter. [13877/09]

I propose to take Questions Nos. 92 and 93 together.

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

Question No. 94 answered with Question No. 88.

Health Services.

Pádraic McCormack

Question:

95 Deputy Pádraic McCormack asked the Minister for Health and Children the position in relation to the provision of a health campus (details supplied) in County Galway; and if she will make a statement on the matter. [13912/09]

Finian McGrath

Question:

101 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [13933/09]

I propose to take Questions Nos. 95 and 101 together.

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

James Reilly

Question:

96 Deputy James Reilly asked the Minister for Health and Children if, in view of the fact that the rehabilitation unit in Dún Laoghaire, Dublin, is the only facility in use for public patients, a temporary arrangement allowing facilities at Cobh, County Cork, in a private clinic will be made available to medical card holders; and if she will make a statement on the matter. [13913/09]

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.

Questions Nos. 97 and 98 answered with Question No. 88.

Medical Cards.

James Reilly

Question:

99 Deputy James Reilly asked the Minister for Health and Children when the over 70 years medical card approved at end of January 2009 will issue to a person (details supplied) in County Donegal; when original bank documentation will be returned to the person; the time lines for approval and issue of the over 70 years medical cards; and if she will make a statement on the matter. [13921/09]

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

Hospital Services.

Finian McGrath

Question:

100 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [13932/09]

I have consistently emphasised the need to improve facilities and services to persons with cystic fibrosis. Some 48 additional staff (19 at St Vincent's), including consultant, nursing and allied health professionals, have been appointed across the hospital system in recent years to enhance the level of services provided for persons with cystic fibrosis. St. Vincent's Hospital is the national adult tertiary referral centre for patients with cystic fibrosis. A number of capital projects to improve the quality of accommodation have been completed at the hospital. These include the refurbishment last year of accommodation to provide eight single en-suite rooms for the exclusive use of people with cystic fibrosis.

The eight single rooms have improved the quality of service for people with cystic fibrosis. The hospital's management works closely with doctors caring for cystic fibrosis patients to ensure that the needs of those patients requiring treatment are met within the overall bed complement at the hospital. It is intended that a proposed 120 bed development will include dedicated facilities for patients with cystic fibrosis. These facilities will include appropriate isolation facilities. Design work and preparation of tender documents continue in respect of the development. A number of other significant capital developments are being progressed for cystic fibrosis patients throughout the country, including in Beaumont Hospital.

The HSE's Expert Advisory Group on Children and Families produced a draft policy document on the implementation of a cystic fibrosis screening programme for newborns. A Steering Group will be established in 2009 to oversee the roll out of the screening programme. An independent register for Cystic Fibrosis has been established. It is expected that preliminary data to fully inform analysis relating to median survival here will be available by the third quarter 2009.

I am conscious that further improvements are required, including the need to develop community outreach services to facilitate the treatment of patients outside of a hospital setting where appropriate. Taken together, the planned developments represent a tangible improvement in the quality of services for people with cystic fibrosis.

Question No. 101 answered with Question No. 95.

Health Services.

Denis Naughten

Question:

102 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 8 of 19 February 2009, if she will outline the follow-up action on each report furnished to this Deputy; the investigation into any accommodation taking place; the date for completion of the report; and if she will make a statement on the matter. [13934/09]

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

Voluntary Sector Funding.

David Stanton

Question:

103 Deputy David Stanton asked the Minister for Health and Children the amount being made available by the Health Service Executive to each not-for-profit and voluntary organisation in respect of support and services provided by the organisations; the number of service users receiving such services or supports in each of the voluntary organisations in 2005, 2006, 2007, and 2008; the amount made available and drawn down by each of the service organisations in each of these years; and if she will make a statement on the matter. [13955/09]

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

Nursing Homes Repayment Scheme.

David Stanton

Question:

104 Deputy David Stanton asked the Minister for Health and Children the details of the legal action to which the health repayment scheme is a party in relation to patients who claim to have been compelled to avail of private nursing home care due to the lack of public nursing home places and which is awaiting determination before the High Court; and if she will make a statement on the matter. [13956/09]

I understand that the Deputy's question refers to a legal case which is being taken against the Health Repayment Scheme Appeals Office. This case is being dealt with in the ordinary way in accordance with legal advice that the Appeals Office and the Department is receiving from its legal advisers. It would not be appropriate to make further comment at this time as this matter is currently before the courts.

Health Services.

Michael Ring

Question:

105 Deputy Michael Ring asked the Minister for Health and Children the reason a claim for a person (details supplied) in County Mayo has been refused on the basis that they were not entitled to claim when in fact they were entitled to claim; and when the new claim made on their behalf by their solicitor will be dealt with. [13968/09]

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

Proposed Legislation.

David Stanton

Question:

106 Deputy David Stanton asked the Minister for Health and Children her plans to review, revise or update the Rats and Mice (Destruction) Act 1919; and if she will make a statement on the matter. [13970/09]

I have no plans to amend the Rats and Mice (Destruction) Act, 1919, as amended. I might mention that the Health Service Executive (HSE) is undertaking a review of this area and a report is expected to be completed by June 2009.

Medical Cards.

Bernard J. Durkan

Question:

107 Deputy Bernard J. Durkan asked the Minister for Health and Children if a full permanent medical card will be arranged in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14006/09]

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

Health Service Staff.

Willie Penrose

Question:

108 Deputy Willie Penrose asked the Minister for Health and Children the steps being taken to ensure that a consultant dermatologist for the midlands area is appointed to the Midland Regional Hospital, Mullingar, County Westmeath, following the resignation of the consultant dermatologist at the hospital; if she will take steps to ensure that same is provided without delay; and if she will make a statement on the matter. [14026/09]

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

Nursing Homes Repayment Scheme.

Frank Feighan

Question:

109 Deputy Frank Feighan asked the Minister for Health and Children when payment will issue to a person (details supplied) in respect of the nursing home repayments scheme. [14030/09]

The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. The Health Repayment Scheme Appeals Office received a completed appeal form from the claimant referred to by the Deputy on 12 June 2008 and this appeal is being processed. The Appeals Officer is awaiting additional information from the Scheme Administrator as part of the review of this appeal. When the Appeals Officer has made a determination on this appeal he/she will write to the claimant and will provide the reasons for the decision.

Departmental Programmes.

Thomas P. Broughan

Question:

110 Deputy Thomas P. Broughan asked the Minister for Health and Children if she will report on the operation of the cycle to work scheme in her Department; if all agencies under the remit of her Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of her Department currently offering this scheme to employees; and if she will make a statement on the matter. [14155/09]

The implementation of the scheme for the Civil Service is being dealt with by the Department of Finance. It is understood that implementing the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. I understand that the Department of Finance has raised these issues with the State Claims Agency, Chief State Solicitors Office and the Office of the Attorney General. Once these issues have been clarified, the Department of Finance will issue a circular providing for a scheme in the Civil Service and this scheme will provide a framework for a similar scheme in the wider Public Service.

Road Network.

Willie Penrose

Question:

111 Deputy Willie Penrose asked the Minister for Transport if his Department has assessed the impact of Circular RLR 6/2009, on the regional and local roads investment programme, which outlines the fact that new contractual commitments by local authorities require prior approval by the Department of Finance, and which will adversely affect the autonomy of local authorities in entering into contractual commitments in respect of regional and local road grants; and if he will make a statement on the matter. [14028/09]

Local authorities were advised by my Department on 23 February that, in order to enable the Government to have maximum discretion in future allocations, the Department of Finance was reviewing the current level of contractual commitments in respect of Exchequer capital expenditure. Local authorities were advised that, as a temporary measure, they may not enter into new contractual commitments in respect of regional or local road projects to be funded by State road grants. That restriction will be reviewed following the forthcoming Supplementary Budget.

Company Closures.

Thomas P. Broughan

Question:

112 Deputy Thomas P. Broughan asked the Minister for Transport the date he was informed by the Dublin Airport Authority that a company (details supplied) was negotiating with the DAA to sell back its leases on six hangars at Dublin Airport; when he informed the Department of Enterprise, Trade and Employment and the Industrial Development Authority Ireland of this development; the action taken by him when he was first informed of the company’s plans to withdraw from Dublin Airport in order to protect and maintain the 1,200 jobs and the centre of aircraft maintenance and engineering at Dublin Airport; his views on the importance of maintaining an aviation engineering industry for air transport here; and if he will make a statement on the matter. [13929/09]

At the outset I would like to emphasise that as Minister for Transport my focus is on ensuring that viable and sustainable air transport services operate from Irish airports. This will continue to have the potential to generate aviation related job creation, whether in aircraft maintenance or other spin-off activities in and around our airports.

As regards the Deputy's specific questions in relation to SR Technics, in mid January my Department was informed by the DAA that as part of preparations for global restructuring SR Technics had agreed to sell certain hangars back to the DAA and had signed a letter of intent to that effect. I was informed of these developments at the time. The Department and I had been made aware by the DAA in mid November of contacts between SR Technics and the DAA about possible restructuring of SR Technics and as a consequence the possible return of hangar leases. The DAA advised that as they had signed a strict confidentiality agreement with SR Technics, they were therefore precluded from providing the Department with details of the discussions at that stage.

Subsequently, in late December the Department were advised by the DAA that these discussions were progressing but were still subject to a strict confidentiality agreement and that any restructuring of SR Technics could have a significant impact on employment in the Dublin operation.

As regards contacts with the Department of Enterprise, Trade and Employment, once it became clear in November 2007 that the Aer Lingus maintenance contracts were being put out to tender, my Department alerted the Department of Enterprise, Trade and Employment to the potential implications for employment in the event that SR Technics were not successful in the tender competition. Since then there has been ongoing contact with that Department, including contact between the Tánaiste and myself, in the context of the threat to jobs.

As already indicated to the House, both the Department and the DAA have at all times been sensitive to the employment implications of SR Technics closure. I can also confirm that the IDA and Enterprise Ireland are continuing to work intensively to ensure that any viable proposals for aviation-related projects to retain as many jobs as possible in aircraft maintenance are given serious consideration. The DAA will also give serious consideration to any commercial proposal put to it as regards access to hangars for aircraft maintenance operations.

Job Protection.

Joe McHugh

Question:

113 Deputy Joe McHugh asked the Minister for Transport if he will examine the possibility of cutting by 50% the costs of bonding for travel agents; if his attention has been drawn to the fact that this will not cost the Exchequer and will not endanger consumers; his views on whether such a move would save jobs in the industry concerned; and if he will make a statement on the matter. [13903/09]

Statutory responsibility for regulation of the travel trade rests with the Commission for Aviation Regulation. As the existing legislative framework for the regulation of the travel trade has been in existence since 1982 in May last year I asked the Commission for Aviation Regulation, to undertake a comprehensive review of the travel trade legislation. The purpose of the review was to assess the operation of the current regulatory arrangements and to recommend any reforms that may be warranted. Following an extensive consultation process, the Commission submitted their report to me on 30 December 2008 which I have published on my Department's website, www.transport.ie.

I am currently examining the Commission's findings and recommendations and I am consulting with my colleague, the Tánaiste and Minister for Enterprise Trade and Employment, on the report's findings in the context of consumer protection policy generally. I met with the President of the ITAA on the 11 February last and my officials have had a number of follow-up meetings with other representatives from the Association since that date. The Department and CAR are aware of the concerns of the ITAA and its members regarding the current bonding requirements and the difficulties being experienced by the travel trade sector generally in the economic climate.

Coast Guard Service.

Fergus O'Dowd

Question:

114 Deputy Fergus O’Dowd asked the Minister for Transport the position regarding a request in respect of a person (details supplied). [13940/09]

The Coast Guard is not actively recruiting volunteers and the Unit in question currently has a full complement of volunteers. Volunteer numbers in all units are kept under constant review. All applications are kept on file in the local unit.

Fuel Prices.

Frank Feighan

Question:

115 Deputy Frank Feighan asked the Minister for Transport if he will ensure that there will be no increase in diesel prices for road hauliers. [13958/09]

Diesel and oil prices are not subject to price controls in the State. These prices are determined by the international oil commodities markets and influenced by supply considerations, economic growth in the major consuming economies, exchange rate volatility, market speculation and production and refining costs. Any changes in the rate of duty on diesel is a matter for the Minister for Finance.

Rail Network.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Transport if consideration has been given to the restoration of the rail link between Sallins and Naas, County Kildare; and if he will make a statement on the matter. [13971/09]

I refer the Deputy to my previous answer to Parliamentary Question No. 273 answered on 17 February 2009. The position remains the same.

Transport Industry.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Transport if he has plans to reduce costs to the transport industry; and if he will make a statement on the matter. [13974/09]

Transport industry costs arise from a diverse range of sources that my Department has no direct control over.

National Development Plan.

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he expects to meet budgetary requirements arising from road development proposals contained in the national development plan; and if he will make a statement on the matter. [13975/09]

Notwithstanding the current difficult economic climate, this Government is committed to continuing investment in the national road infrastructure. The priority up to end 2010 will be the completion of the five major interurban routes (MIUs). Significant progress continues to be made in their delivery. The M1 from Dublin to the Border was completed in 2007, while work on the other routes is underway and on schedule for completion in 2010. In addition to the MIUs, work is underway on the upgrade of the M50 which is also due for completion in 2010.

The NRA's current construction programme is proceeding on time and within budget. I expect this to continue to be the case right up to the completion of the MIUs. As all of this work is contractually committed, the current economic situation will not impact upon delivery targets. The priority for the roads investment programme after the completion of the major interurban network will be the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. Decisions to proceed with projects will be taken from time to time in the light of the available public finance.

Public Transport.

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Transport if it is intended to increase, improve or expand the range and frequency of bus services in view of the fact that recent budgetary constraints have brought about a reduction; and if he will make a statement on the matter. [13976/09]

This is a day-to-day operational matter for the relevant transport provider and not one in which I have any role.

Questions Nos. 120 and 121 answered with Question No. 32.

Transport Services.

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Minister for Transport the extent to which it is intended or expected to encourage air, bus and rail passenger transport to compete in the future with particular reference to the need to reduce travel times; and if he will make a statement on the matter. [13979/09]

In accordance with the Agreed Programme for Government commitment, the Dublin Transport Authority Act 2008 was enacted in July 2008 and provides for the establishment of the Dublin Transport Authority, the DTA. For the first time, we have the law in place to ensure that a single body will be in charge of surface transport in the Greater Dublin Area. The DTA Act 2008 gives the new Dublin Transport Authority the power to procure public passenger transport services through the making of public transport services contracts.

Under section 48 of the Act, the DTA may enter into contracts following open tendering in respect of public bus passenger services, as well as metro and light rail services. It also provides that public bus and rail services can be secured by means of direct award contracts. Section 52 provides that direct award contracts will only apply to the continued provision of the services currently being provided by Dublin Bus and Bus Éireann. Accordingly, the future growth in the market for subvented public bus services in the Greater Dublin Area will be pursued by way of open tendering in accordance with the new EU Regulation No. 1370/2007 on public passenger transport services by rail and by road, which will become mandatory from December this year. All contracts will be framed against the background of EU law and will set strict standards of operational performance and customer service and will contain penalties for non-performance.

The Government has recently approved the General Scheme of the Public Transport Regulation Bill which contains proposals for a new bus licensing regime which will replace the Road Transport Act 1932, which applies to the licensing of private bus operators, and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies. In accordance with the Programme for Government commitment, the proposed licensing regime will provide a level playing field for all bus market participants, both public and private. It is envisaged that the new licensing structure will apply in respect of all commercial bus services, including those provided by Dublin Bus and Bus Eireann and will encompass provisions relating to the subvented bus market outside the Greater Dublin Area that are consistent with the new EU PSO Regulation. In the light of the recent Government approval of the General Scheme of the Public Transport Regulation Bill, the Bill will now be drafted and published as soon as possible.

In relation to air travel, the Government's policy is to promote regular, safe, cost effective and competitive air services linking the country and key business and tourism markets. The priority, from an Irish economy perspective, is to maintain the highest possible levels of connectivity between Ireland and key markets around the world. All carriers serving the Irish air transport market are encouraged to compete on fares and on quality of service for the benefit of the travelling public. Decisions in relation to the development and maintenance of transport services, whether in competition with other modes of transport or not, are a matter for transport service providers.

State Airports.

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Transport the role he anticipates for each airport throughout the country in the context of an overall air transport policy plan; and if he will make a statement on the matter. [13980/09]

Bernard J. Durkan

Question:

124 Deputy Bernard J. Durkan asked the Minister for Transport the extent to which it is intended to include all airports throughout the country in air transport plans for the future; and if he will make a statement on the matter. [13981/09]

I propose to take Questions Nos. 123 and 124 together.

My Department's Statement of Strategy for the period 2008-2010 sets out our overall aviation strategy for the period. In general terms, the aim is to promote the development of regular, safe, cost-effective and competitive air services linking the country to key business and tourism markets around the world.

Our policy on the development of airport infrastructure within the country is in line with our approach to the encouragement of air services. The main objective is to ensure that the three State Airports have sufficient capacity to respond to the needs of a competitive airline sector, and to provide vital international access. The programme of investment at Dublin Airport including the provision of Terminal 2 will allow Dublin Airport to respond to the requirements of carriers offering a wide range of long haul, short haul and cargo services and will ensure that the airport continues to be an efficient gateway to the Ireland of the 21st century. New governance arrangements which have now been agreed will provide an opportunity for Cork Airport to realise the potential provided by the very substantial investment in the airport in recent years. Shannon Airport will also be in a strong position to reap the benefits of US pre-clearance facilities, due for introduction at the airport in mid 2009.

The regional airports complement the role of the State airports by helping to ensure that the benefits arising from their success as international gateways are widely distributed throughout the country. We will endeavour to maintain support for their activities insofar as the current difficulties with the public finances permit, as part of a balanced approach which also emphasises the need for the airports to operate on a sustainable commercial basis to the greatest extent possible in serving the needs of their respective catchment areas.

Question No. 125 answered with Question No. 53.

Student Visas.

Richard Bruton

Question:

126 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the extent to which the work limits of persons on student visas are policed; the number of infringements detected and the sectors involved; and if he will make a statement on the matter. [13853/09]

I have been informed by the Immigration and Naturalisation Service that a foreign national who is granted permission to come to Ireland for the purpose of engaging in a course of studies is permitted to take up employment on a casual basis. The relevant immigration permission which is granted to the student indicates that the student is only permitted to remain in the State to pursue his or her studies on condition that he or she does not engage in any business or profession other than casual employment (defined as 20 hours per week during school term and up to 40 hours per week during school holidays).

Work restrictions imposed on students are monitored whenever a student seeks to renew their registration with An Garda Síochána. For this purpose An Garda Síochána seeks a full financial record from students for the previous three months to ensure that they are not exceeding the work limits imposed on them. Where it appears that financial records are inconsistent with compliance to the limits by the student, they are asked to produce their payslips.

A person who is in breach of the conditions attached to his or her immigration permission, including limits on employment, is liable to have his or her immigration permission being revoked or not renewed. In this regard, the immigration authorities when engaging with students do take steps to monitor adherence to conditions and take appropriate action where concerns arise. Where it is found that a student is consistently infringing the work limits imposed under Student Permission Stamp 2 an application may be made by An Garda Síochána, under Section 3 of the Immigration Act 1999, to the Irish Naturalisation and Immigration Service to consider the deportation of that person.

To date in 2009, An Garda Síochána has made 113 applications under Section 3 of the Immigration Act 1999, twenty-nine (29) of which refer to students who were considered to be in breach of these conditions. Fifteen (15) of the applications were for students who were working in breach of their conditions in the following sectors: restaurant (5), services (1), entertainment (1), construction (1), taxi driver (1) and cases where the sector is unknown (6) (i.e., nature of employment not specified on the original application received by the Garda National Immigration Bureau).

The Deputy may also be aware that my Department is currently carrying out a review of student immigration. That review will address certain aspects of student migration from outside the EEA which have given rise to concern in recent years. It will also identify proposals for a more coherent approach to student migration generally. It is expected that the review will be completed shortly and will then be the subject of further consultation with other relevant Government Departments in relation to any proposed measures to be brought forward.

Criminal Prosecutions.

Thomas P. Broughan

Question:

127 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of people who have been convicted each year from 2003 to date in 2009 for driving a small public service vehicle or taxi without the required licence; and if he will make a statement on the matter. [13859/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Crime Levels.

Thomas P. Broughan

Question:

128 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of burglaries committed in the Coolock Garda station area, Dublin, in each of the past four years; the number of these burglaries that have been detected; the additional steps being taken in this area to reduce the number of burglaries; and if he will make a statement on the matter. [13861/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

I am informed by the Garda authorities that local Garda management closely monitors crime trends in the area referred to by the Deputy and has put strategies in place to prevent, detect and reduce the number of incidences of this type of crime. The Divisional Scenes of Crime Unit provides a flexible and immediate response to emerging crime issues. The Unit liaises with the Divisional Detective Inspector to identify and monitor crime trends as they are emerging.

The area is patrolled regularly by uniform and plain clothes units, including the Community Policing Unit. Members of the local Community Policing Unit allocated to this area liaise with the local community providing crime prevention and security advice. Patrols are supplemented by the District Garda Mountain Bike Unit supplemented by the District and Divisional Detective and Drugs Units, the Divisional Crime Task Force and the Traffic Corps.

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.

Public Order Offences.

Pat Rabbitte

Question:

129 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the continuing anti-social behaviour issues in the Dublin north central area; if he is satisfied that adequate Garda resources are available in this area; if he will take steps to ensure an adequate response from Clontarf Garda station to deal with issues (details supplied); and if he will make a statement on the matter. [13864/09]

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Prison Building Programme.

David Stanton

Question:

130 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the progress that has been made regarding the proposed prison development at Kilworth, County Cork; the time scale for the development of the prison; and if he will make a statement on the matter. [13865/09]

The Government has approved the assignment of a site owned by the Department of Defence to the Irish Prison Service as the location for the development of a new prison facility to replace Cork Prison and to serve the Munster Region. A preliminary site suitability report has been carried out on the site and this has confirmed that there are no significant constraints to the development of the site. In accordance with the Department of Finance Guidelines, a preliminary Business Case has been prepared. The next stage of the process is the preparation of a detailed Business Case. However, given that this project is still at the preliminary stage it is not possible to put a time scale on the development at this time.

Citizenship Applications.

Joe Costello

Question:

131 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 7 has been refused a certificate of naturalisation; and if he will make a statement on the matter. [13871/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2007 and I decided not to grant a certificate of naturalisation. The reasons for refusal were disclosed to the person concerned in a letter issued to her on 3 February, 2009.

I am informed that the address the Deputy has provided differs from the address my Department holds on file. It is the responsibility of the applicant to keep the Irish Naturalisation and Immigration Service (INIS) informed of any change of address in writing. It is open to the person in question to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at any time; however, in doing so she should bear in mind the reasons for refusal of her previous application.

Residency Permits.

Joe Costello

Question:

132 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision to refuse permission to remain to a person (details supplied) in Dublin 1 on grounds of subsidiary protection. [13887/09]

The person concerned arrived in the State on 6 August 2003 and applied for asylum on 18 September 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 23 February 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State, i.e. why he should not be deported.

His case was then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on his behalf by his legal representative for permission to remain in the State. On 17 October 2006, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered letter dated 15 November 2006 inviting the person concerned to make an application for Subsidiary Protection on foot of the European Communities (Eligibility for Protection) Regulations, 2006 which came into effect on 10 October 2006. By correspondence dated 6 December 2006, an application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 20 May 2008.

Following the refusal of the Subsidiary Protection application and the consideration of further representations concerning the personal safety of the person concerned if returned to his country of origin, the Deportation Order was affirmed. The person concerned was notified of this decision by letter dated 10 May 2007. Notice of the affirmed Deportation Order was served by registered letter dated 18 March 2009 requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Thursday 26 March 2009 in order to make travel arrangements for his removal from the State. The person concerned presented as required and is due to present again on Tuesday 7 April 2009.

Garda Deployment.

Joe McHugh

Question:

133 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of gardaí in the east Cork, west Cork and Cork divisions; the stations to which these gardaí are attached; and if he will make a statement on the matter. [13902/09]

I am informed by the Garda Commissioner that as of 28 February 2009, the latest date for which figures are readily available, the personnel strengths of the Garda Divisions in Cork are as set out in the table below. There are three divisions in County Cork namely, Cork City, Cork North and Cork West.

Resource levels are monitored on an ongoing basis by local and senior Garda Management in each District and Division, in conjunction with crime trends and other demands made on An Garda Síochána. The situation will be kept under review and the needs of the Division referred to by the Deputy will be fully considered within the overall context of the needs of Garda stations throughout the country.

District

Station

Strength

DIVISION: CORK CITY

Anglesea Street

278

Barrack Street

23

Blackrock

31

Bridewell

19

District: Gurranabraher

Ballincollig

19

Blarney

15

Gurranabraher

54

Rathduff Grenagh

2

District: Mayfield

Mallow Road

5

Mayfield

49

McCurtain Street

1

Watercourse Road

52

District: Togher

Bishopstown

24

Carrigaline

19

Crosshaven

3

Douglas

23

Passage West

4

Togher

56

DIVISION: CORK NORTH

District: Cobh

Carrig na Bhear

1

Carrigtwohill

3

Cobh

37

Glanmire

20

Glenville

1

Watergrasshill

1

District: Fermoy

Ballynoe

1

Castletownroche

2

Fermoy

60

Kildorrey

1

Kilworth

2

Mitchelstown

20

Rathcormac

1

District: Mallow

Buttevant

1

Charleville

15

Doneraile

1

Glantaine

1

Liscarroll

1

Mallow

48

Milford

2

District: Middleton

Ballycotton

1

Cloyne

1

Killeagh

1

Middleton

53

Whitegate

1

Youghal

22

DIVISION: CORK WEST

District: Bandon

Ballineen

2

Ballinhassig

1

Ballinspittle

Ballyfeard

1

Bandon

86

Innishannon

1

Kilbrittan

1

Kinsale

16

Timoleague

1

District: Bantry

Adrigole

1

Ballydehob

1

Bantry

35

Castletownbere

4

Drimoleague

1

Durrus

1

Glengarriff

1

Goleen

1

Kealkil

1

Schull

2

Residency Permits.

Jack Wall

Question:

134 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kildare will receive permission to stay in the State and have a certificate of registration issued; and if he will make a statement on the matter. [13920/09]

I have been informed by the Immigration Division of my Department that the person referred to by the Deputy was granted permission to remain in the State on 2nd December 2008. This permission was communicated to the person referred to in the Deputy's question by writing and a copy of the letter was forwarded to the Deputy for his information.

Garda Complaints Procedures.

Aengus Ó Snodaigh

Question:

135 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that all files relating to complaints deemed finalised by the Garda Complaints Board up to and including 2005 have been destroyed. [13941/09]

Aengus Ó Snodaigh

Question:

136 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the considerations that preceded the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005; and the basis for the decision. [13942/09]

Aengus Ó Snodaigh

Question:

137 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the statutes of limitations were taken into consideration by the Garda Complaints Board when it decided to destroy in 2008 all files in relation to complaints deemed finalised by the board up to and including 2005. [13943/09]

Aengus Ó Snodaigh

Question:

138 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on whether, in the context of the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005, at a minimum any files relating to cases and incidents that are currently sub judice should have been retained. [13944/09]

Aengus Ó Snodaigh

Question:

139 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of files destroyed, in the context of the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005, that relate to ongoing legal cases to which the State is a party. [13945/09]

Aengus Ó Snodaigh

Question:

140 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Attorney General advised the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005; and if he will make a statement on the matter. [13946/09]

Aengus Ó Snodaigh

Question:

141 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that in August 2008 the Garda Complaints Board destroyed the files in relation to two complaints made by a person (details supplied) in County Kerry in view of the fact that High Court proceedings had commenced in relation to the subject matter of the complaints; and if this matter warrants full and public investigation in the interests of justice, transparency and public confidence. [13947/09]

I propose to take Questions Nos. 135 and 141, inclusive, together.

I am aware that all files relating to complaints deemed finalised by the Garda Síochána Complaints Board up to and including 2005 have been destroyed. The Garda Síochána Complaints Board consulted with my Department, the Garda Síochána Ombudsman Commission and the Office of the Attorney General before taking its decision to destroy these files. The Garda Síochána Complaints Board sought the advice of the Attorney General as to the potential options in relation to the Board's files when the Board would cease to exist. The Attorney General also consulted with my Department before giving its advices to the Board.

I am informed by the Board that files for the period in question were not destroyed where the Garda Síochána Complaints Board were aware of or party to legal proceedings. It may well be that civil actions are being taken against the State by persons who previously made complaints to the Board where the Board is not a party to such proceedings.

The Garda Síochána Complaints Board is an independent body and discharges its statutory responsibilities in accordance with the Garda Síochána (Complaints) Act 1986. It is the Board's policy not to comment on individual cases. I note that the person referred to by the Deputy is currently undertaking civil proceedings against the State. In the circumstances, it would be inappropriate for me to comment further.

Criminal Prosecutions.

Frank Feighan

Question:

142 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform his views, in cases in which non-nationals have come before the courts for repeated offences, on whether it is appropriate that sentencing should include deportation. [13952/09]

I wish to advise the Deputy that Section 3(2)(b) of the Immigration Act, 1999, as amended, provides for the making of a Deportation Order in respect of a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence. Notwithstanding the foregoing, there is no provision in Irish law for the automatic deportation or judicially ordered deportation of a non-national who has committed a criminal offence. However, it has long been the practice of Ministers for Justice, Equality and Law Reform to give consideration to deportation in particular cases where a non-national has been convicted of a serious offence.

Deportations in these situations are usually complex. Any person to be deported must first be served with a written notice of intention to deport, as provided for under Section 3 of the Immigration Act, 1999 (as amended) which advises each individual of the options open to them at that point in time, namely (a) to consent to deportation, (b) to agree to return voluntarily to their country of origin or (c) to submit, within 15 working days, written representations to the Minister setting out reasons why they should not be deported. Where option (c) is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a Deportation Order. In view of the separation of powers between the Judiciary and the Executive, I am not in a position to comment on repeat offenders and whether or not their sentences should include a recommendation by a judge to deport.

Citizenship Applications.

Róisín Shortall

Question:

143 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if he will examine the application for a certificate for naturalisation in respect of a person (details supplied) in Dublin 11 in view of the fact that the grounds for the refusal of this application are incorrect; and if he will take steps to correct all documentation in this regard and issue a revised decision based on the actual and factually correct situation. [13963/09]

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

An application for a certificate of naturalisation from the person in question was received in the Citizenship section of my Department on 14 November 2005. As the person concerned had come to the adverse attention of An Garda Síochána I decided to refuse the application. In making my decision I have exercised my absolute discretion as provided by the Irish Nationality and Citizenship Act 1956, as amended. There is no appeals process under this Act. Should the individual in question feel that the information provided by An Garda Síochána is incorrect, she should submit details in writing to my Department and officials in the Citizenship Section will investigate further.

Garda Operations.

Aengus Ó Snodaigh

Question:

144 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the gardaí have requested information from insurance companies regarding data gathered using GPS monitoring systems installed in vehicles for the investigation of complaints; the number of requests made during each of the years 2006, 2007, and 2008; the number of these particular investigations which resulted in conviction; and if he will make a statement on the matter. [13967/09]

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Residency Permits.

Bernard J. Durkan

Question:

145 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when registration will be completed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13983/09]

I am informed by the Garda National Immigration Bureau that the registration of the above named Moldavian national is now complete.

Bernard J. Durkan

Question:

146 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [13984/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 261 of Tuesday 10 March 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Question:

147 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [13985/09]

Bernard J. Durkan

Question:

165 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [14003/09]

I propose to answer Questions Nos. 147 and 165 together.

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

The second named person applied for asylum on 14 September, 2006. Included in her application was one of her children, the third named person. The second named person made a separate application for asylum on behalf of another one of her children, the fourth named person, on the 9 February 2007. The second, third and fourth named persons' applications were all refused and Deportation Orders were made in respect of all of them on 27 January, 2009. The applicants sought an injunction prohibiting their deportation on the 25 February 2009. The injunction application was made ex-parte and was granted on the 25 February 2009.

The second named person instituted Judicial Review proceedings on 26 February 2009 challenging the Deportation Order made in respect of her on 27 January 2009. The proceedings also sought that she should be allowed remain in the State pending a determination of asylum claims made in respect of two further children. Following a full hearing of the facts of this case in the High Court on 26 March 2009, Justice Harding Clarke refused all reliefs sought.

Bernard J. Durkan

Question:

148 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13986/09]

The person referred to by the Deputy applied for asylum on 03/07/2008. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 28/07/2008. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did. The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 12 March 2009.

In accordance with normal procedures, the applicant's file will be forwarded to my Department's Ministerial Decisions Unit for final processing of the asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13987/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in September 2007. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued on 6 February, 2008. It is open to the person in question to lodge a new application with the Citizenship Division of my Department if and when he is in a position to meet the statutory requirements.

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status in the matter of residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [13988/09]

I am informed by the Immigration Division of my Department that on 3 March 2009 EU Treaty Rights section wrote to the legal representative for the person in question requesting further documentation in relation to their client's application for residence in the State. A form EU 1. was enclosed. To date EU Treaty Rights section has not received a reply from the person in question or his legal representative.

Bernard J. Durkan

Question:

151 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status in the matter of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13989/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 179 of Thursday 12 March 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Question:

152 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is possible to grant permission to remain or an extension of visitor’s visa in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [13990/09]

I am informed by the Immigration Division of my Department that an application by the person in question for residence in the State based on EU Treaty Rights was received on 2 March 2009. While this application is pending the person in question should report to their local Immigration Registration Officer who may provide a Stamp 4 permission in their passport. This permission will be valid strictly for the period of their EU Treaty Rights application and expires on 2 September 2009. A letter to this effect has issued to the applicant.

Bernard J. Durkan

Question:

153 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for residency and family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13991/09]

I am informed by the Immigration Division of my Department that the person in question was granted Refugee status and made a Family Reunification/Permission to Remain application in respect of her husband in April 2007. This application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 24 months to process.

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [13992/09]

The first person concerned arrived in the State on 11 June 2002 and applied for asylum on 28 June 2002. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, the person concerned was informed, by letter dated 13 June 2003, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported.

Her case was then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on her behalf by her legal representative. On 10 September 2003, my predecessor signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 30 October 2003 requiring the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned initially presented as required and was given three further presentation dates which she kept. She last presented on 13 January 2004. She has not presented since that date and is now classified as evading her deportation. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay.

I am satisfied that the applications made by the person concerned for asylum and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport her is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

The second person concerned arrived in the State on 21 October 2001 and applied for asylum on 22 October 2001. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, the person concerned was informed, by letter dated 30 October 2002, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported.

Her case was then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on her behalf by her legal representative. On 10 September 2003, my predecessor signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 30 October 2003 requiring the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned initially presented as required and was given three further presentation dates which she kept. She last presented on 13 January 2004. She has not presented since that date and is now classified as evading her deportation. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay.

By correspondence dated 16 January 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The legal representative of the person concerned was notified of this decision by letter dated 5 February 2007. I am satisfied that the applications made by the person concerned for asylum and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport her is justified.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. If an application for asylum has been made by the third person concerned, the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Bernard J. Durkan

Question:

155 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [13993/09]

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

Bernard J. Durkan

Question:

156 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [13994/09]

The person concerned applied for asylum on 9 November 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 12 May 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were received from the person concerned.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency and family reunification in the case of persons (details supplied); and if he will make a statement on the matter. [13995/09]

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

Citizenship Applications.

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the matter of an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13996/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2007. Applications for naturalisation are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. Additional resources were allocated to the Citizenship Division to enable certain categories of applicant to be dealt with more expeditiously. These include refugees, spouses of Irish citizens and minors.

The average processing time from application to decision is now at 23 months. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. Officials in that Division inform me that the application is at an advanced stage of processing and the file will be submitted to my Office for a decision in due course.

There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Residency Permits.

Bernard J. Durkan

Question:

159 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the case of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13997/09]

I refer the Deputy to Parliamentary Question No. 1016 of Wednesday, 24 September, 2008 and the written Reply to that Question. The person concerned applied for asylum on 18 December 2001. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 8 January 2003, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

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

The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 13 February 2006 and, as such, was received much too late for consideration. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 16 February 2006.

Bernard J. Durkan

Question:

160 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency and family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [13998/09]

I refer the Deputy to my answer to his previous Parliamentary Questions, i.e., No. 1027 of 26 September 2007, No. 208 of 21 February 2008, No. 188 of 28 February 2008 and No. 144 of 13 November 2008. I am informed by the Immigration Division of my Department that the person referred to by the Deputy made an application for family reunification in January 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. My Department has recently contacted the person in question in relation to the application.

Bernard J. Durkan

Question:

161 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is expected to grant permission to remain and family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13999/09]

I have been informed by the Irish Naturalisation and Immigration Service that they have been in touch with the person mentioned by the Deputy. On receipt of the documentation requested, the application will be further processed.

Bernard J. Durkan

Question:

162 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedures to be followed in the matter of a satisfactory solution in the case of residency for persons (details supplied) in County Kildare; and if he will make a statement on the matter. [14000/09]

My Department has no record of having received an application for residency from the persons to whom the Deputy refers. The persons in question are advised to write to my Department at 13/14 Burgh Quay, Dublin 2, setting out the basis on which they wish to be considered for permission to remain in the State. Any such correspondence, when received, will be considered by the relevant officials and the persons concerned will be contacted directly and notified of any decisions made.

Citizenship Applications.

Bernard J. Durkan

Question:

163 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14001/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2007. The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in mid 2007. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale.

There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Visa Applications.

Bernard J. Durkan

Question:

164 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to family reunification in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [14002/09]

In the absence of more specific information my Department is not in a position to address the matter raised by the Deputy. It is, however, open to all persons resident outside the State, and who are visa required to apply to their nearest Irish Embassy or Consulate for the appropriate visa. Each visa application is considered on its individual merits the onus resting with the applicant to satisfy the Visa Officer as to why a visa should be granted. Comprehensive information when making a visa application is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Question No. 165 answered with Question No. 147.

Deportation Orders.

Bernard J. Durkan

Question:

166 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the order for deportation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [14004/09]

This applicant arrived in the State 2 March 2003 and applied for asylum. She gave birth to a son on 17 March 2003. The applicant failed to present for her hearing, her application was refused and a Deportation Order was signed in respect of her on 6 December 2005. On 5 September 2006 the applicant informed the Department that she had left the State and returned to Nigeria in 2004 and had now returned back to the State. The applicant gave birth to a second son on 20 September 2006. On 17 July 2008 the deportation order was affirmed. The applicant instituted Judicial Review proceedings on 6 August 2008 challenging the decision to affirm the deportation order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

Residency Permits.

Bernard J. Durkan

Question:

167 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the matter of residency in the case of a person (details supplied) in Dublin 15; if it is expected to conclude consideration in the near future; and if he will make a statement on the matter. [14005/09]

I refer the Deputy to my reply to Parliamentary Question No. 1029 of 26 September 2007, wherein the position with regard to the person's refusal under the IBC/05 Scheme was set out. Subsequently the person in question was invited, under section 3 of the Immigration Act,1999, to submit updated representations setting out the reasons why a Deportation Order should not be made in respect of him. Representations in this regard have been received in my Department.

It should be noted that the person concerned has come to the adverse attention of An Garda Síochána on several occasions since entering the State. Consideration is being given to the representations referred to. However, my Department is not currently in a position to give a timeframe as to when those considerations will be concluded.

Prison Facilities.

Denis Naughten

Question:

168 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 121 of 26 February 2009, if he will provide the corresponding figure in respect of balls; and if he will make a statement on the matter. [14012/09]

The financial records of the Irish Prison Service show the following breakdown of expenditure on balls in 2008:

Prison

Expenditure in 2008

Dublin Prisons

18,878

Portlaoise

1,151

Midlands

1,847

Cork

9,235

Limerick

6,893

Shelton Abbey

149

Castlerea

1,171

All 2008 expenditure figures are provisional at this stage, pending finalisation of the Appropriation Account.

The figures above include expenditure on balls for use in a variety of sports including tennis, football, handball, squash, table tennis and basketball. It is not possible to provide a breakdown of expenditure between the Dublin prisons because many of these items are purchased centrally through the Regional Distribution Centre within the Irish Prison Service.

As the Deputy will appreciate there are significant benefits to be gained from getting involved in physical education be it in a community setting or in the prison environment. In the prison setting physical education affords prisoners the opportunity to take control of one aspect of their daily life, their physical well-being, with the potential knock-on effect of increasing their motivation and confidence to tackle other identified issues such as substance abuse, taking up educational or workshop opportunities. It is also recognised that physical education, sport and recreation also play a significant role in the management of prison life by providing positive outlets for energy.

Immigration Procedures.

Denis Naughten

Question:

169 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of applicants who have sought business permission in each of the past five years and to date in 2009; the number of applications which were granted and fulfilled; the eligibility criteria in each year; the corresponding figure for applications granted without fulfilling all criteria and those refused and pending in each year concerned; and if he will make a statement on the matter. [14013/09]

I am informed by Immigration Services that the eligibility criteria has effectively remained unchanged for the past five years and that the criteria is currently available on the Irish Naturalisation & Immigration Service (INIS) website under Business Permission: — www.inis.gov.ie — . The following table outlines the number of business permission applications received by INIS and the decisions made in respect of those applications. An application would not be approved without fulfilling all criteria unless an exemption applied to the particular application. These exemptions are also listed on the website.

Year

Received

Approved

Refused

Abandoned

2004

350

97

44

55

2005

629

99

160

92

2006

1,179

108

1,064

87

2007

230

72

43

485

2008

115

47

38

62

2009

10

2

19

8

Figures in relation to how many or how often applications had the exemption criteria applied are not available.

Citizenship Applications.

Denis Naughten

Question:

170 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the processing time for a citizenship application; the corresponding processing time for long-term residency; and if he will make a statement on the matter. [14016/09]

The average processing time from application to decision for the generality of valid applications for certificates of naturalisation is now at 23 months. It is expected that this will progressively improve over the coming year to an average timeframe of 18 months, which I regard as a reasonable target. The Citizenship Division is currently commencing further processing of applications received in mid 2007. The Immigration Division of my Department inform me that the current processing time for an application for long-term residency is approximately 21 months.

Residency Permits.

Denis Naughten

Question:

171 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average processing time for a leave to remain application; the number awaiting a decision; and if he will make a statement on the matter. [14017/09]

I would refer the Deputy to my reply to his previous Parliamentary Question in this matter, No. 553 of Tuesday 1 July 2008. Applications for Leave to Remain in the State are founded on the provisions of Section 3 of the Immigration Act, 1999 (as amended). Under these provisions, persons who have no legal basis for being in the State are afforded, among other options, the option to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons why they should be permitted to remain temporarily in the State. The majority of persons in this position avail of this option and submit, or have submitted on their behalf, written representations in support of an application for leave to remain in the State.

All such applications have to be considered on their individual merits under the eleven separate headings set out in Section 3(6) of the Immigration Act, 1999 (as amended). The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by, or on behalf of, the applicant. Following a detailed examination of each individual case, a recommendation is made as to whether a Deportation Order should be issued or temporary Leave to Remain in the State granted.

It is difficult to provide a precise indication of the number of such cases which are awaiting a decision at present. However, a detailed assessment is in progress and when this exercise has been completed I will advise the Deputy of the up to date figure. The consideration of applications for leave to remain in the State is a resource intensive process. It is not, however, possible to provide an average processing time in the context of such applications, primarily because no two applications will be the same in terms of their complexity.

Denis Naughten

Question:

172 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of applications on hand for citizenship and for long-term residency; and if he will make a statement on the matter. [14018/09]

There are currently 16,847 applications for certificates of naturalisation with the Citizenship Division of my Department that are still awaiting a decision. The Immigration Division of my Department inform me that there are approximately 8,000 applications for long-term residency currently awaiting a decision.

Departmental Programmes.

Thomas P. Broughan

Question:

173 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14156/09]

The Deputy will be aware that tax relief was provided in the Finance (No 2) Act 2008 where an employer provides a bicycle for an employee. The implementation of the scheme for the Civil Scheme is being dealt with by the Department of Finance and this has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. I understand that my colleague, the Minister for Finance, has raised these matters with the State Claims Agency, the Chief State Solicitors Office and the Office of the Attorney General. Once these issues have been clarified, the Department of Finance will issue a circular providing for a scheme in the wider Public Service.

Human Rights Issues.

Charlie O'Connor

Question:

174 Deputy Charlie O’Connor asked the Minister for Foreign Affairs his dealings with the situation in Zimbabwe; and if he will make a statement on the matter. [13936/09]

The situation in Zimbabwe remains fragile following the formation of a power-sharing government involving Zanu-PF and the MDC in February. There have been some small signs of progress, and I hope that the new Government will be able to address the significant problems now facing Zimbabwe. The release of Roy Bennett, the designated MDC deputy agriculture minister, sent a positive signal, although he has not yet been sworn in to his Ministerial post.

However, the continued detention of other political and human rights activists remains a cause of concern, and many of those who have been released still have charges pending against them. It is also difficult to see how the Zimbabwean economy can be stabilised and reformed as long as Gideon Gono remains in place as Reserve Bank Governor. The power-sharing government needs to deliver real progress, including in securing political freedoms, a return to the rule of law and economic development for the people of Zimbabwe. Millions still depend on food aid, and will continue to do so until there is a successful harvest. The continuation of land seizures is not helpful in this context. Ireland will carefully monitor developments in this area.

Despite doubts about the efficacy of a power-sharing administration which continues to include Mr. Mugabe, my EU colleagues and I have repeatedly stated our willingness to re-engage with a Zimbabwean government which restores political freedom and returns to responsible macroeconomic management. Ireland was among the donors which met to discuss Zimbabwe in Washington on 20 March, where we agreed to work with the transitional government to achieve specific goals identified in the power-sharing agreement, notably the restoration of the rule of law, economic stabilization, commitment to democracy, respect for human rights, and full access to humanitarian assistance.

The international community will calibrate our re-engagement with Zimbabwe on the basis of concrete achievements in all of these areas. We believe that if the political will exists, the transitional government will be able to demonstrate its commitment to reform very quickly. I have noted that at its Summit on 30 March, the Southern African Development Community (SADC) called on the EU to lift its restrictive measures against those linked to the Mugabe regime. However, we have not yet seen sufficient tangible signs of change to warrant reversing this policy.

Ireland has made its views on the situation abundantly clear to the Zimbabwean authorities, and to our partners in the region. We will continue to raise our concerns as appropriate in bilateral contacts with southern African partners. In 2008, Irish Aid provided over €10.5 million in funding for Zimbabwe, channelled through non-governmental organisations and UN agencies. I sincerely hope that the new power-sharing government will bring economic stability and political freedom to Zimbabwe. Ireland will continue to make every effort to ensure that the issue of Zimbabwe remains a priority for the EU.

Departmental Programmes.

Thomas P. Broughan

Question:

175 Deputy Thomas P. Broughan asked the Minister for Foreign Affairs if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14154/09]

The Finance (No. 2) Act 2008 provided for the introduction of an exemption from income tax in respect of a benefit-in-kind arising from a bicycle or associated safety equipment being supplied by an employer to an employee for the purposes of commuting to work. The implementation of this scheme for the Civil Service is being dealt with by the Department of Finance.

It is understood that implementing the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. The Department of Finance has, I understand, raised these issues with the State Claims Agency, the Chief State Solicitors Office and the Office of the Attorney General. Once these issues have been clarified, the Department of Finance will issue a circular providing for a scheme in the Civil Service. This will provide a framework in which the issue can be progressed within my Department. There are no State agencies under the remit of the Department of Foreign Affairs.

National Development Plan.

Thomas P. Broughan

Question:

176 Deputy Thomas P. Broughan asked the Minister for Arts, Sport and Tourism the amount spent to date under the sport and tourism measure of the national development plan; the amount estimated to be spent by the end of the NDP; and if he will make a statement on the matter. [13860/09]

Within the remit of the Department, the National Development Plan (NDP) 2007-2013 makes provision for allocations, inter alia, to the Sports Sub-Programme of the Sports, Culture, Heritage and Community Infrastructure Programme and to the Tourism Programme. Details of NDP expenditure to date in respect of both these measures are as set out in the following table.

NDP Measure

Year 2007 Spend

Year 2008 Spend

Year 2009 Spend to Date

Total Spend to Date

€ million

€ million

€ million

€ million

Sports Sub-Programme

121.440

209.248

26.892

357.580

Tourism Programme

73.000

84.100

7.500

164.600

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. Decisions on further funding for the NDP will be reviewed in the course of these deliberations.

Sports Funding.

Seán Ó Fearghaíl

Question:

177 Deputy Seán Ó Fearghaíl asked the Minister for Arts, Sport and Tourism his views on correspondence (details supplied); his further views on the validity of the case made; and if he will make a statement on the matter. [13908/09]

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

Departmental Programmes.

Thomas P. Broughan

Question:

178 Deputy Thomas P. Broughan asked the Minister for Arts, Sport and Tourism if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14147/09]

I am aware of the provisions in the Finance (No.2) Act 2008 which introduced an income tax relief in respect of a benefit in the form of a bicycle provided by an employer. The implementation of the scheme for the Civil Service is being dealt with by the Department of Finance. It is understood that implementing the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. The Department of Finance has, it is understood, raised these issues with the State Claims Agency, Chief State Solicitors Office and the Office of the Attorney General. Once they have been clarified, that Department will issue a circular providing for a scheme in the Civil Service which the Department will put into effect as appropriate.

Grant Payments.

Tom Hayes

Question:

179 Deputy Tom Hayes asked the Minister for Community, Rural and Gaeltacht Affairs when a decision will be made regarding the school outdoor playing facilities enhancement scheme in respect of a school (details supplied) in County Tipperary. [13862/09]

An application in respect of the school referred to has not been received by my Department to date.

Rural Transport.

Frank Feighan

Question:

180 Deputy Frank Feighan asked the Minister for Community, Rural and Gaeltacht Affairs if funding has been allocated for continuing the evening rural transport service in the seven pilot schemes selected; and the amount of funding that has been allocated to each scheme. [13951/09]

Funding as outlined in the following table was allocated to continue the evening rural transport service until the end of March 2009 as an interim measure to allow for the completion of a review of the scheme.

RTP Project

Allocation Jan – Mar 2009

Avondhu

22,250

West Cork

33,000

County Sligo

24,500

Laois

13,500

Meath / Kilnaleck

34,250

Tumna Shannon

11,250

MFG

11,250

Total

150,000

I have agreed additional funding of €50k, to be administered by Pobal, to continue the scheme to the end of April 2009 pending my consideration of the review recently completed by my officials.

Departmental Bodies.

Frank Feighan

Question:

181 Deputy Frank Feighan asked the Minister for Community, Rural and Gaeltacht Affairs his views on a matter (details supplied). [14031/09]

I am informed that no settlement has been agreed or ruled on in relation to the personal injury claim referred to and that no link between the personal injury claim and pay negotiations has been made. I understand that the public sector organisation concerned has – during the course of its regular quarterly meetings with a trades union representing staff interests – alluded to the impact of the economic downturn and the challenges it poses for the organisation in delivering on its business plan objectives. The organisation has taken a decision to reduce the provision of additional seasonal assistance.

In line with normal government practice, the organisation concerned does not carry commercial insurance for public/employer liability in this jurisdiction. Accordingly, any compensation arising from the personal injury claim referred to will fall to be met from its annual budget.

Departmental Programmes.

Thomas P. Broughan

Question:

182 Deputy Thomas P. Broughan asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14149/09]

As the Deputy will be aware, section 7 of the Finance (No. 2) Act 2008 provides for an exemption from an income tax charge under section 118 of the Taxes Consolidation Act 1997 in respect of a benefit in the form of a bicycle or associated safety equipment provided to a director or employee by his or her employer, where the bicycle/associated safety equipment is used by the employee or director mainly for qualifying journeys.

Issues in relation to the implementation of this scheme are currently being clarified by the Department of Finance and following clarification of a number of issues, it is envisaged that a circular will issue from that Department in relation to the operation and implementation of the scheme. Following receipt of this circular my Department and the bodies that come within its ambit will further consider the detailed arrangements that would be required to implement the scheme.

Employment Support Services.

Richard Bruton

Question:

183 Deputy Richard Bruton asked the Minister for Social and Family Affairs if she is aware of complaints that her Department is promoting excessive entry into the taxi trade through the back to work scheme; the extent to which people have availed of the scheme in this way; and if she will make a statement on the matter. [13852/09]

The enterprise stream of the back to work allowance (BTWA) scheme is designed to assist people, who are long term dependant on social welfare payments, to take up self-employment. Participants receive a tapered percentage of their social welfare payment over a four year period for those who become self employed and they may also retain entitlement to certain other secondary benefits.

A person in receipt of a social welfare payment who decides to set up as a self employed taxi operator may be eligible to apply for the back to work enterprise allowance. In order to qualify, a person must be in receipt of a qualifying social welfare payment for a certain duration, which is two years in the case of a person on a jobseeker's payment. Those taking up self-employment must first have their self-employment project approved as viable and sustainable.

In partnership areas, this will be done by the partnership company. In non-partnership areas, this will be done by the Department's local facilitator. Approval normally involves an interview with the applicant to assess the viability of the proposed project and to provide advice on funding or on "Start Your Own Business" courses and other relevant aspects. Each application for the back to work enterprise allowance is decided within the criteria set down for the scheme. A breakdown by occupation or the nature of the self-employment of recipients of the back to work enterprise allowance scheme is not available from records held by the Department.

Pension Provisions.

Michael Ring

Question:

184 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of people who have applied for a pension (details supplied); the number who have been approved to date; and the number drawing down this pension. [13917/09]

Spouses of self-employed contributors, who are actively engaged in a commercial partnership, including the operation of a farm, can apply to the Department to have the commercial partnership formally recognised, and to be treated as an individual self-employed contributor. In this way, both spouses incur a liability to pay Class S self-employed PRSI, which can count towards qualification for State Pension (Contributory) and other Social Welfare benefits. An information leaflet ‘Working with Your Spouse' was published in June 2008.

Of the 713 applications to have a commercial partnership retrospectively recognised, received by the Department, 633 are in respect of farm partnerships. To-date 202 applicants have been issued with decisions; some 80% have been granted and 20% disallowed. No statistical information is maintained on State Pension (Contributory) applications arising from retrospectively recognised commercial partnerships. Such pension applications are dealt with as part of the normal claim load.

Social Welfare Benefits.

Michael Ring

Question:

185 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo did not receive jobseeker’s benefit during a certain period of the year when previously they had received if for the same period. [13918/09]

Social Welfare legislation provides for the payment of jobseeker's benefit in respect of days of unemployment. Any day on which a person either receives or has an entitlement to holiday pay is not regarded as a day of unemployment and a person has no entitlement to jobseeker's benefit in respect of that day. Employees who are laid off temporarily (i.e. where they expect to return to the same employment at a later date) are not entitled to jobseeker's benefit in respect of any day for which there is an entitlement to holiday pay. This applies even if there is no definite date of resumption of work.

The Protection of Employees (Part-Time Work) Act 2001, provides for the holiday pay entitlements of part-time Employees. In accordance with this act and as a result of agreement with relevant parties since 2003 certain school employees are entitled to a percentage pay increase in respect of holiday entitlement. Where there are unemployment claims from such employees, details of holiday pay entitlements must be forwarded by the Employer to the relevant Social Welfare Local Office. The number of days holiday pay due is then determined by dividing the total numbers of hours paid in respect of holiday pay by the average number of hours worked per day.

In the case of the person concerned she had been paid the equivalent of 8 days employment and consequently was not entitled to payment of jobseeker's benefit from the start of her claim on 23 December 2008 until return to employment on 7 January 2009. She has appealed this decision. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

John Deasy

Question:

186 Deputy John Deasy asked the Minister for Social and Family Affairs the number of people in receipt of rent supplement in Waterford city and county. [13922/09]

John Deasy

Question:

187 Deputy John Deasy asked the Minister for Social and Family Affairs the number of people in receipt of mortgage interest supplement in Waterford city and county. [13923/09]

I propose to take Questions Nos. 186 and 187 together.

The supplementary welfare allowance scheme, which includes rent supplement and mortgage interest supplement, is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). There are currently 2,311 recipients of rent supplement and 330 recipients of mortgage interest supplement in Waterford. A breakdown of recipients by city and county is not available.

John Deasy

Question:

188 Deputy John Deasy asked the Minister for Social and Family Affairs if she is aware that the most recent figures from the Central Statistics Office show that the south-east region has one of the lowest rates of household disposable income and one of the highest rates of long-term unemployment; the measures she proposes to remedy this situation; and if she will make a statement on the matter. [13924/09]

I am aware of the CSO figures on regional income and unemployment rates. This Department's role is to mainly to provide income support to people who qualify for social welfare payments. The value of the lowest rate of welfare payment was fully maintained in Budget 2009 and now stands at €204.30 per week following an increase of €6.50 per week or over 3%. In the last six Budgets, the value of the lowest rate of payment has increased by a cumulative €79.50 per week or 64%. By any standards, the levels of increases in welfare payments generally over the period since 2003 have been substantial and are a demonstration of our continuing commitment to all those who are less well off.

The Department of Social and Family Affairs provides a range of supports to assist unemployed people, particularly the long-term unemployed, lone parents, and sickness related welfare recipients, to return to the active labour market either by taking up employment or becoming self-employed. The main welfare to work measure for the unemployed is the National Employment Action Plan (EAP). Under the EAP, people who are approaching 3 months on the Live Register are identified by the Department and referred to FÁS for interview with a view to job placement or an offer of training.

Other supports include the operation of the back to education and back to work allowance schemes, the technical assistance and training grants and the PRSI exemption scheme. The activation and family services programme and the second chance education opportunities scheme also offer supports to social welfare recipients and disadvantaged persons to assist them to improve their employability and personal and family situations.

The Department's facilitator network works with social welfare recipients to identify appropriate training or development programmes which will enhance the skills that individuals have and ultimately improve their employment chances as well as help them continue to develop personally. Facilitators are working closely with FÁS and other agencies at national and local level to identify and target appropriate education, training and development opportunities. The facilitator programme is designed to be a targeted approach, involving active case management and the development of an individualised progression plan. Twenty additional facilitators have recently been appointed under the Social and Economic Participation Programme provided for under the National Development Plan 2007-13. This brings the total in place to 60.

As part of the programme, three additional facilitator posts have been allocated to the south east region, bringing the total number of posts in that region to nine. These officers, located in counties Waterford, Wexford, Kilkenny, Carlow, Kildare and Wicklow, work directly with those on Social Welfare in order to determine their needs. They arrange, through direct provision or jointly with other agencies, appropriate training and developmental programmes to equip them to progress to employment, enhance their parenting skills or improve their life opportunities. The enhanced facilitation service will build on the Department's existing experience and income maintenance relationship with the people concerned, in co-operation with other relevant service providers such as FÁS, VECs, HSE and other local agencies.

Michael Ring

Question:

189 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and granted farm assist. [13954/09]

The person concerned has been awarded farm assist at the weekly rate of €158.90 with effect from 11 December, 2008. His first payment and arrears due will issue shortly. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Appeals.

Bernard J. Durkan

Question:

190 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the basis on which jobseeker’s allowance has been refused in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [14008/09]

The person concerned submitted an application for Jobseeker's Allowance on 12 February 2008. One of the conditions for receipt of Jobseeker's Allowance is that the person must be habitually resident in this State. The person concerned was found not to be habitually resident in the State at that time and, accordingly, her application was disallowed and she was notified of this decision on 8 May 2008.

She appealed this decision and the Appeals Officer decided that she was not habitually resident in the State for social welfare purposes and disallowed the appeal. The reasons for the Appeals Officer's decision were that she had lived most of her life outside the State, she did not have an established pattern of employment within the State, her husband's status within the State remained uncertain and the Appeals Officer did not consider that she had significant durable ties with Ireland to suggest her centre of interest was within the State. The Social Welfare Appeals Office is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Bernard J. Durkan

Question:

191 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if rent supplement is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14010/09]

The Health Service Executive has advised that payment of rent supplement and arrears due was made to the person concerned on 30 March 2009. Payment is effective from 2 February 2009.

Denis Naughten

Question:

192 Deputy Denis Naughten asked the Minister for Social and Family Affairs the number of EU nationals on jobseeker’s allowance and benefit, respectively; the cost of each payment type; the corresponding figures for non-EU nationals; and if she will make a statement on the matter. [14014/09]

The number of persons in receipt of a jobseeker's payment is as follows:

Jobseeker's Benefit

Number

EU nationals

176,452

Non-EU nationals

3,782

Jobseeker's Allowance

Number

EU nationals

149,821

Non-EU nationals

6,432

A breakdown of the actual costs in each category is not available. However the average weekly entitlement (not including Fuel/Smog Allowance) is given in the following table. The actual amount received by any individual will depend on family composition and whether they are fully unemployed in a particular week as many claimants are on a reduced working week.

Jobseeker's Benefit

EU nationals

218.36

Non-EU nationals

244.05

Jobseeker's Allowance

EU nationals

224.29

Non-EU nationals

282.58

All claimants, regardless of nationality, are treated equally having regard to the conditions of the individual schemes as laid down in the Social Welfare Acts.

Denis Naughten

Question:

193 Deputy Denis Naughten asked the Minister for Social and Family Affairs the amount paid in early child care supplement to non-resident children since its introduction; and if she will make a statement on the matter. [14015/09]

The Early Childcare Supplement was introduced in April 2006 and is administered by the Department of Social and Family Affairs on behalf of the Office of the Minister for Children and Youth Affairs. The expenditure on the Early Childcare Supplement (ECS) for 2006, in respect of non resident children, payable under EU regulations, was €0.4m, the corresponding figure for 2007 was €1.1m and for 2008 was €4.5m. The expenditure in 2009 (to end of March) is €0.69m.

The expenditure on ECS from 2006 to date in respect of non resident children, at some €6.7m, represents 0.5% of the total overall spend on ECS since 2006 of €1,260.5m. Family benefits payable under EU Regulations apply to Irish nationals working in other EU Member States, in the same way as they do to non-Irish-national EU workers in Ireland.

Michael Ring

Question:

194 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason funding was not available to a person (details supplied) in County Mayo when they were informed that it would be in the post office on a specified date. [14029/09]

No commitment regarding payment was given by an official of the department in this case, as this claim is under appeal with the Social Welfare Appeals Office. The department has been informed that an Appeals officer has made a revised decision dated 30th March 2009, partially allowing the appeal and that the file will be returned to the department for follow up action. On receipt of the file from the Social Welfare Appeals Office a decision will be made on his claim and he will be notified of the outcome.

Departmental Programmes.

Thomas P. Broughan

Question:

195 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if she will report on the operation of the cycle to work scheme in her Department; if all agencies under the remit of her Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of her Department currently offering this scheme to employees; and if she will make a statement on the matter. [14157/09]

Section 7 of the Finance (No.2) Act 2008 introduced an exemption from an income tax charge under section 118 of the Taxes Consolidation Act 1997 in respect of a benefit in the form of a bicycle or associated safety equipment provided to a director or employee by his or her employer, where the bicycle/associated safety equipment is used by the employee or director mainly for qualifying journeys. I understand that my colleague the Minister for Finance will shortly be issuing instructions to Government Departments on how the scheme should be implemented in the public sector.

Thomas P. Broughan

Question:

196 Deputy Thomas P. Broughan asked the Minister for Defence if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14150/09]

My Department supports the provisions of Section 7 of the Finance (No. 2) Act 2008 which introduced an exemption from an income tax charge under section 118 of the Taxes Consolidation Act 1997 in respect of a benefit in the form of a bicycle or associated safety equipment provided to a director or employee by his or her employer, where the bicycle/associated safety equipment is used by the employee or director mainly for qualifying journeys. My Department is considering the detailed arrangements that will be required to implement the scheme.

Turbary Rights.

Paul Connaughton

Question:

197 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when payment will issue to a person (details supplied) in County Galway; if his attention has been drawn to the financial hardship involved; and if he will make a statement on the matter. [13874/09]

I refer to the reply to Question No. 889 of 24 March. I understand that this application to sell bogland to my Department under the Designated Bog Compensation Scheme is currently with the Chief State Solicitor's Office and my Department has been in contact with that office in regard to the case. However, it is not possible, at this stage, to indicate exactly when the transaction is likely to be completed.

National Monuments.

Charlie O'Connor

Question:

198 Deputy Charlie O’Connor asked the Minister for the Environment, Heritage and Local Government his efforts to preserve and restore historic 16 Moore Street in Dublin city; his views on the concern of many as articulated by the families of the 1916 leaders; and if he will make a statement on the matter. [13935/09]

In January 2007, my predecessor, as Minister for the Environment, Heritage and Local Government, placed a Preservation Order under the National Monuments Act, 1930, (as amended) on Nos. 14 to 17 Moore Street because of the historical significance of No. 16's association with the 1916 Rising. The other properties were included in the Preservation Order to protect No. 16. All are part of the former Carlton Cinema site in respect of which re-development proposals are currently before An Bórd Pleanála for determination.

I am aware of some concerns regarding this aspect of the proposed redevelopment. However, any works affecting a national monument, including any excavation or ground disturbance within, around or in proximity to it, require the prior written consent of the Minister for the Environment, Heritage and Local Government under the National Monuments Acts. In considering such an application the Minister is statutorily obliged to consult with the Director of the National Museum of Ireland. Any proposed works affecting No. 16 will be subject to this procedure.

Pension Levy.

Brian O'Shea

Question:

199 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the reason retained firemen who did not take up the option to join the local government superannuation scheme but are availing of the gratuity arrangements for retained firefighters (details supplied) are having the pension levy deducted; and if he will make a statement on the matter. [14011/09]

I refer to the reply to Questions Nos. 829, 831 and 836 of 24 March 2009.

Social and Affordable Housing.

Michael Ring

Question:

200 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the rules and regulations on housing association housing schemes; the rules that must be passed on to tenants of these housing association housing schemes; and if he will provide this Deputy with a copy of these rules. [13850/09]

Michael Ring

Question:

201 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the rules and regulations which must be included in tenancy agreements with housing associations. [13851/09]

I propose to take Questions Nos. 200 and 201 together.

I refer to the reply to Questions Nos. 373, 374, 384 and 385 of 31 March, 2009, setting out the position in relation to, inter alia, the management and operation of voluntary and co-operative housing projects. The terms and conditions of the funding schemes for voluntary and co-operative housing and the arrangements for the appraisal and approval of projects are set out in the Memorandum on Capital Funding Schemes for the Provision of Rental Accommodation by Approved Housing Bodies (VCH: 2/02) and subsequent amending Circular Letters, copies of which will be forwarded to the Deputy as soon as possible.

Planning Issues.

Finian McGrath

Question:

202 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied). [13881/09]

Under the Planning and Development Regulations 2001, the erection on or within the curtilage of a house of a dish type antenna used for the receiving and transmitting of signals from satellites is exempted development, subject to the following conditions:

1. Not more than one such antenna shall be erected on, or within the curtilage of a house.

2. The diameter of any such antenna shall not exceed 1 metre.

3. No such antenna shall be erected on, or forward of, the front wall of the house.

4. No such antenna shall be erected on the front roof slope of the house or higher than the highest part of the roof of the house.

The erection of a satellite dish without planning permission, other than within the terms of this exemption, is unauthorised development which is an offence under section 151 of the Planning and Development Act, 2000.

Water and Sewerage Schemes.

Michael Ring

Question:

203 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce a grant to upgrade septic tanks that are more than ten years old; and if he will make a statement on the matter. [13895/09]

The Programme for Government includes a commitment in regard to a scheme of support for the replacement and upgrade of septic tanks older than fifteen 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.

Seán Ó Fearghaíl

Question:

204 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government the position regarding the Kildare waste water treatment system which forms part of the national development plan; if the required pre-tender documentation has been received by his Department from Kildare County Council; if he will issue approval to the council to proceed with this project; and if he will make a statement on the matter. [13909/09]

My Department has just received Kildare County Council's tender report for the expansion and upgrading of the wastewater treatment plant under the Kildare Town Sewerage Scheme and will assess the tender report as quickly as possible. My Department also awaits the submission of the Council's revised contract documents for the sewage collection network element of the approved scheme. The scheme is approved for funding in my Department's Water Services Investment Programme 2007-2009 at an estimated cost of €21.4 million.

Dinny McGinley

Question:

205 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme (details supplied) in County Donegal. [13911/09]

The Laghey Sewerage Scheme is included for funding in my Department's Water Services Investment Programme 2007-2009. My Department approved the Council's Preliminary Report for the scheme in November 2006. Subject to compliance with the approved cost, the Council may advance this scheme to construction without further reference to my Department.

Local Authority Housing.

Fergus O'Dowd

Question:

206 Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government the position regarding funding for a project (details supplied) in County Louth; and if he will make a statement on the matter. [13938/09]

A Remedial Works Scheme application in relation to the project concerned was received by my Department in response to a circular [N11/08] seeking proposals for new remedial works projects. Following an evaluation of the proposal against the criteria set out in the circular i.e. the age and condition of the dwellings, the unit cost of refurbishment, etc. it was determined that the project was not suitable for inclusion in the three-year remedial works programme as it proposed the demolition and rebuilding of the units rather than their remediation. My Department informed the Borough Council of this determination on 7 February 2009. Although this project does not meet the criteria of a remedial works project, the Council may, in the future, wish to consider the project in the context of its general social housing construction and acquisition programme.

Water and Sewerage Schemes.

John Deasy

Question:

207 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the status of the Waterford grouped towns and villages sewerage scheme; when the sewerage scheme in each of the towns and villages concerned will be operational; the projected cost at the time of the original proposal; the expected cost of completion; and if he will make a statement on the matter. [13950/09]

The Waterford Grouped Towns and Villages Sewerage Scheme is approved for funding under my Department's Water Services Investment Programme 2007-2009 at an estimated cost of €48.3 million. My Department awaits the submission of Waterford County Council's tender documents for the wastewater treatment plants for the seven locations in the scheme, which are being procured under a single contract. I understand that the Council is currently assessing tenders received for preliminary treatment works at Ardmore pending the construction of the treatment plant there in due course.

Insofar as the collection networks at the various locations are concerned, the Tallow and Kilmacthomas wastewater collection systems have been completed. I understand that the Council is assessing tenders received for the Cappoquin collection system and is preparing the contract documents for the collection systems at the other four locations.

Telecommunications Services.

Áine Brady

Question:

208 Deputy Áine Brady asked the Minister for Communications, Energy and Natural Resources his plans to ensure that businesses and residential customers in areas that do not have broadband coverage obtain broadband coverage in the future, in particular in areas of north Kildare; and if he will make a statement on the matter. [13927/09]

Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. Broadband services are available from competing service providers over multiple platforms, including DSL (telephone lines), cable, fixed wireless, mobile and satellite. Details of the availability of broadband services in specific areas are available at www.broadband.gov.ie.

The Government recognises the importance of ubiquitous access to broadband and its widespread provision continues to be a priority. Government policy has been to facilitate the provision of high quality telecommunications services, by competing private sector providers. Where market failure has occurred the Government has undertaken a variety of initiatives to improve broadband coverage, including the Group Broadband Scheme (GBS), in the Metropolitan Area Networks (MANs) Programme and more recently the National Broadband Scheme (NBS).

Under the NBS contract, "3", a Hutchison Whampoa company, will provide affordable, scaleable broadband services to rural areas. The NBS will be rolled out on an Electoral Divisions (ED) basis and the EDs to be addressed in County Kildare are set out in the table below. 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 rollout 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.

National Broadband Scheme (NBS)

Electoral Divisions (ED) to be Covered by the NBS in Co. Kildare

ED Name

ED Reference No.

Ballitore ED

87004

Ballyshannon ED

87010

Carrigeen ED

87021

Cloncurry ED

87027

Feighcullen ED

87038

Fontstown ED

87039

Kilrush ED

87059

Moone ED

87068

Narraghmore ED

87072

Skerries ED

87083

USK ED

87088

John Deasy

Question:

209 Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources the planned roll-out of broadband for the areas of County Waterford not served by the private sector; the areas it is planned to include over the next 12 months; and if he will make a statement on the matter. [13966/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is currently planning the construction and rollout of the required infrastructure for the purposes of the provision of broadband services to the unserved parts of the country. Challenging rollout 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.

While the Electoral Divisions in County Waterford, detailed hereunder, will be covered by the NBS, 3 is not in a position, at this juncture, to predict the progression of site rollout in advance of obtaining the necessary 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. This campaign will include, inter alia, local press and outdoor advertising.

County Waterford — Electoral Divisions to be Covered Under the National Broadband Scheme

ED Name

ED Reference No.

Ballyduff ED

227004

Ballydurn ED

227005

Ballynamult ED

227013

Ballysaggart More ED

227014

Bohadoon ED

227015

Carrigcastle ED

227019

Castlerichard ED

227021

Clashmore ED

227022

Colligan ED

227025

Comeragh ED

227026

Coumaraglin ED

227027

Fews ED

227038

Fox’s Castle ED

227039

Gardenmorris ED

227040

Georgestown

227041

Glen ED

227042

Graignagower ED

227045

Gurteen ED

227048

Kilbarrymeaden ED

227052

Kilcockan ED

227053

Kilwatermoy East ED

227062

Knockaunbrandaun ED

227065

Knockmahon ED

227066

Mocollop ED

227068

Modelligo ED

227070

Mountkennedy ED

227072

Rathgormuck ED

227078

Ross ED

227082

Seskinan ED

227083

Templemichael ED

227087

Tinnasaggart ED

227088

Frank Feighan

Question:

210 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources if he will ensure a new broadband line for the Croughan area, County Roscommon, receives the necessary equipment to ensure the required data is able to be input and the line operational as quickly as possible. [14032/09]

Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The installation of any equipment to facilitate the provision of broadband services is a matter for the network owners.

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 rollout 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 area of Croghan, County Roscommon 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 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.

Departmental Programmes.

Thomas P. Broughan

Question:

211 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14148/09]

Tax relief was provided in the Finance (No 2) Act 2008 where an employer provides a bicycle for an employee. The implementation of the scheme for the Civil Service is being dealt with by the Department of Finance. I understand from the Department of Finance that implementation of the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. I have been informed that the Department of Finance has raised these issues with the State Claims Agency, Chief State Solicitors Office and the Office of the Attorney General.

Once these issues have been clarified, the Department of Finance will issue a circular providing for a scheme in the Civil Service and this scheme can provide a framework for a similar scheme in the wider Public Service. This scheme will be of huge benefit. I look forward to staff in the department and agencies under its remit being able to avail of it.

Afforestation Programme.

James Bannon

Question:

212 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the measures he will take to ensure the continued viability of the forestry sector, the potential unsustainability of which will have far reaching negative consequences for the sector, and involve loss to the State in terms of taxation, energy, climate change and biodiversity; and if he will make a statement on the matter. [13856/09]

This Government is committed to the maintenance of an active and substantial forestry programme, evidenced by the almost €125 million that has been allocated to the forestry subhead for 2009. The current suite of Afforestation Grant and Premium Schemes is the most financially attractive package made available in the history of forestry in Ireland. The establishment grant covers 100% of the planting costs, while the annual forestry premium is payable to farmers for 20 years. Under the Forest Environment Protection Scheme (FEPS), landowners can receive a premium of up to €200 per hectare, over and above their forestry premium, should they choose to participate in the scheme, which promotes the establishment of high nature value forestry.

The Forest Service of my Department remains dedicated to the task of promoting and supporting a robust afforestation programme. It is fully aware of the need to maximize the carbon sequestration potential of Irish forests, and fully recognises the economic and environmental potential of forests in the areas of employment provision, as an energy resource and in biodiversity.

Grant Payments.

James Bannon

Question:

213 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Longford has not received an assured grant of 70% of the total cost of €30,000 in respect of the construction of farm buildings but only received a grant of €8,300; and if he will make a statement on the matter. [13857/09]

Grant-aid under the Farm Waste Management Scheme is calculated on the basis of my Department's Standard Costs or on the total of the eligible receipts/invoices submitted by the applicant, whichever is the lesser. The person concerned was also eligible for a 60% grant in this case, rather than the 70% rate referred to by the Deputy.

Common Fisheries Policy.

Michael Creed

Question:

214 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when he proposes to publish the Green Paper on the review of the Common Fisheries Policy; and if he will make a statement on the matter. [13882/09]

The Green Paper on the Review of the Common Fisheries Policy is being prepared by the EU Commission. I would expect that the Commission will publish this paper very shortly as it has advised that it will be presenting it to the EU Fisheries Council at its next meeting on 23rd April 2009.

Foreshore Licences.

John O'Mahony

Question:

215 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the status of the draft foreshore licence in respect of a county council (details supplied); and if he will make a statement on the matter. [13889/09]

Ministerial approval was granted to Mayo County Council in 2005 to facilitate the construction of an outfall for the Killala Sewerage Scheme. The Council subsequently revised its proposal to allow for the connection of the sewerage scheme to an existing outfall in the vicinity. The new proposal has been assessed and approved by my Department's technical advisors. However legal issues associated with the Council's revised proposal are receiving ongoing attention within my Department. Every effort is being made to expedite the matter having regard to the urgent needs of the Council.

Farm Waste Management.

John O'Mahony

Question:

216 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the reason letters sent out to farmers in relation to the farm waste management scheme were unsigned; his views on whether this is a good practice; and if he will make a statement on the matter. [13890/09]

As has been the practice in regard to previous notices sent by my Department to applicants under this Scheme, the recent letters issued to applicants referred to by the Deputy indicated the name and address of the responsible Division of my Department and provided contact points for applicants who wished to receive further information. In view of the number of letters involved (approx. 17,000 issued in one week), it was not possible to nominate a single signatory.

Fishing Vessel Licences.

Joe McHugh

Question:

217 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will address the concerns of a person (details supplied) in County Donegal with a white fish licence who has been designated just one day at sea for 2009; and if he will make a statement on the matter. [13897/09]

New rules restricting fishing vessels' days at sea in the Irish Sea and the waters to the northwest of Ireland and Scotland have been introduced as part of the EU's revised Cod Recovery Plan. The plan has introduced a new system of effort management that sets effort ceilings (expressed in kilowatt-days) for groups of vessels or fleet segments. The management of these ceilings has been devolved to the national level.

Member States have received annual allocations of fishing effort for the areas covered by the Plan, which include the Irish Sea (ICES area VIIa) and the waters to the northwest of Ireland and Scotland (ICES area VIa). The effort allocation levels were established by the EU Fisheries Council on the basis of an EU Commission proposal. They were calculated by averaging the fishing activity levels of each Member State in the areas during a reference period of 2004-2006 or 2005-2007 and then reducing that effort by 25%. This methodology means there is now limited fishing effort available for all Community vessels, including Irish vessels, fishing in the designated areas.

Under the plan, each Member State is required to introduce a licensing regime to manage its effort allocations. Any vessel longer than 10 metres overall must have an authorisation from its Member State in order to operate in one of the designated areas using the fishing gears covered by the plan. Member States can decide on the method of allocating their national pools of fishing effort, which are broken down by fishing gear type. Following consultations with representatives of the Irish fishing industry, the Department introduced a pilot system of authorisations and allocations of fishing effort for the period from 1 February to 30 April 2009.

The pilot scheme used the following approach to allocate fishing effort in areas VIa and VIIa to Irish vessels for the pilot management period of 1 February to 30 April 2009:

The track records of vessels operating in VIa and VIIa during the reference period of 2005-2008 were assessed to determine their eligibility to receive an authorisation to fish and an allocation of days-at-sea under the pilot scheme. Each vessel's "best year" of fishing days in the areas during the reference period was used to establish its track record.

Distribution bands were established for each of the specified gear types to facilitate the allocation of days-at-sea to vessels based on their track records with those gears. Each vessel's level of track record with a gear type fit into one of the distribution bands for that gear type. The vessel then was allocated the number days-at-sea for that gear which were associated with that distribution band.

The days-at-sea allocations for the first management period (1 February to 30 April 2009) were given on a pro-rata basis for each gear type based on Irish vessels' traditional fishing pattern with the gears in the area during that those months (e.g., if the months were traditionally very busy for a gear type, a higher portion of days-at-sea were allocated for that gear).

Initially, vessels with less than 10 days of track record in their best years during the reference period received no allocation of fishing effort. Following further consultations and following on recommendations from industry Minister Killeen decided on the 18th of February this year to adopt the following approach in respect of those vessels for the remainder of the Pilot period.

Vessels with track records of less than 10 days but more than five days to be given an allocation of three days at sea for the current management period. Vessels with track records of five days or less but at least one day to be given an allocation of one day at sea for the current management period.

I am advised that the vessel referred to by the Deputy had 2 days of track record in 2008 and no track record in respect of any of the other reference period years. Consequently, the allocation for this vessel was determined on the basis of the second category above in that he was given an allocation of one day for the current management period. The authorisation in this case was issued on the 20th of February, 2009.

I appreciate that the introduction of these new conservation measures are a challenge and I have established a Steering Group involving the Federation of Irish Fishermen (FIF), the Irish Fisherman's Organisation (IFO), the Department and agencies to provide support to the industry in relation to the practical implementation of these new measures. The effort allocations already made were done on a pilot basis only and I am happy to make amendments where proposed by the Steering Group within the legal framework that has been established.

Grant Payments.

Denis Naughten

Question:

218 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason for the delay in paying a REPS 4 application in respect of a person (details supplied) in County Roscommon; when payment will be made; and if he will make a statement on the matter. [13905/09]

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.

Fishing Industry Development.

Fergus O'Dowd

Question:

219 Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food the position regarding a fishery (details supplied) in County Louth. [13937/09]

The cockle fishery remains closed due to restrictions arising from Ireland's obligations under the EU Birds & Habitats Directives and a related European Court of Justice Judgement. A plan outlining Ireland's roadmap to compliance with these Directives has been submitted to DG Environment and a follow-up meeting between Irish officials and the Commission is due to take place in April. My officials are in regular contact with the fishermen's representatives and will continue to keep them updated on developments in this regard.

Grant Payments.

Denis Naughten

Question:

220 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will be issued payment for their 2008 suckler cow scheme application; and if he will make a statement on the matter. [13959/09]

The person named has 5 animals for consideration under the 2008 Suckler Welfare Scheme. It is a condition of the scheme that applicants must commence the meal feeding of their calves a minimum of 4 weeks before weaning. The applicant provided a weaning date for 4 calves, which was less than 4 weeks from the date of the commencement of meal feeding. The remaining calf was sold together with its dam at a livestock mart and will not qualify for payment. An officer from my Department will be in contact with the applicant shortly with a view to resolving the matter.

Pigmeat Sector.

Sean Sherlock

Question:

221 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the outcome of recent contacts between the Russian and Irish authorities in relation to compensation for stock recalled after the discovery of dioxins; and if he will make a statement on the matter. [13961/09]

Sean Sherlock

Question:

222 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if his Department agreed to accept and render all recalled stock that was in Russian markets; the persons who are paying for this; and if he will make a statement on the matter. [13962/09]

Sean Sherlock

Question:

223 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if he is awaiting the outcome of the dispute with the Russian Government before paying outstanding compensation to processors here; and if he will make a statement on the matter. [13964/09]

I propose to take Questions Nos. 221 to 223, inclusive, together.

There is no question of a dispute between the Russian Government and my Department in relation to compensation for stock recalled after the discovery of dioxins in pork products sent to the Russian Federation. Officials from my Department, the Department of Foreign Affairs and Bord Bia are in ongoing contact with the Russian authorities on the subject of the recall of such products. Their efforts have been greatly assisted by the 7th Session of the Russian Federation – Ireland Joint Commission, which was held in Dublin in early March. The Irish delegation was headed by the Tánaiste and Minister for Enterprise, Trade and Employment, Mary Coughlan, TD and the Russian delegation was headed by Deputy Prime Minister Mr. Dmitry Kozak. Discussions at this Commission proved very fruitful and positive.

In relation to the possible supply to Russia of pork and pork products containing dioxin, from Ireland, during the period of 1 September to 11 December 2008, the Irish side agreed to undertake to resolve the issue of the return and disposal of such products in the territory of the Russian Federation, at the exporter's or the Irish Government's expense. The Irish side also agreed to submit detailed information in relation to aspects of the dioxin contamination incident.

As regards stock affected by the recall in overseas destinations, including Russia, my Department has always made it clear that where such product meets the terms of the Pigmeat Recall Scheme, it may be included in any claim for ex gratia compensation submitted by the processor concerned. The product may be either returned to Ireland for rendering here or disposed of overseas, in accordance with the procedures laid down by the competent authorities there. In either case, the cost of disposal of eligible product is being met from Scheme funds. In relation to pigmeat product in St. Petersburg, agreement has been reached with the Russians to return product which is in whole consignments, to Ireland for destruction. Product which is not in whole consignments, or which is being stored in other provinces, is to be destroyed in Russia, under the supervision of the Russian authorities, subject to final agreement on a form for the disposal of such product.

My Department has already made three separate tranches of payments to Irish processors affected by the scheme, totalling €45m. These payments have been made on an interim basis, based on a percentage of the declared value of product stored both here and overseas. The criteria for payment included an ability to verify to my Department's satisfaction the presence, volume and category of product abroad. This did not prove possible for certain stock still in Russia and claims for payment could not be sustained. However, this was not directly connected with our discussions with the Russian authorities. Provided the criteria laid down by my Department can be met, all applications for payment are being considered.

Departmental Programmes.

Thomas P. Broughan

Question:

224 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14146/09]

Tax relief was provided in the Finance (No 2) Act 2008 where an employer provides a bicycle for an employee. The implementation of the scheme for the Civil Service is being dealt with by the Department of Finance. It is understood that implementing the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. The Department of Finance has, it is understood, raised these issues with the State Claims Agency, Chief State Solicitors Office and the Office of the Attorney General. Once these issues have been clarified, the Department of Finance will issue a Circular providing for a scheme in the Civil Service and this scheme can provide a framework for a similar scheme in the wider Public Service.

School Transport.

David Stanton

Question:

225 Deputy David Stanton asked the Minister for Education and Science his views on allowing parents pay the charges for school transport in more than two instalments in order to alleviate hardship caused by the increases; and if he will make a statement on the matter. [13870/09]

I wish to advise the Deputy that 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. In addition, and in order to minimise the impact of the new charges, a maximum family payment of €650 will apply and, parents will be offered the option to spread the amount due over two payments payable in July and December. It is not envisaged that there will be a reduction in the annual charge or a change in the payment arrangements.

Special Educational Needs.

John O'Mahony

Question:

226 Deputy John O’Mahony asked the Minister for Education and Science the reason there was a special room prepared at a school (details supplied) in County Mayo; and if he will make a statement on the matter. [13891/09]

The question of refurbishing the room in the school referred to by the Deputy arose from High Court proceedings in 2006 relating to suitable education provision for the child in question. An independent expert's report identified the school as the most suitable location for this child. The school were willing to accept the child but required works to be carried out to the school building to facilitate the enrolment.

In view of the urgency of the case, a senior architect from my Department visited the school on 19th October 2006 and recommended that works be carried out to the school building to facilitate this child, refurbish some other areas of the building and address some health and safety issues. A letter of approval issued to the school in October 2006 for the works in question. Consultants were appointed to oversee the project and a builder contracted to carry out the work in question. The works were completed in April 2007. As it transpired the pupil did not attend the school. Parents are not obliged to send their child to a particular school. I understand that the works that were carried out have been of benefit to other children in the school and to the school generally and may assist future enrolments.

Joe McHugh

Question:

227 Deputy Joe McHugh asked the Minister for Education and Science if he will ensure that the branch of an association (details supplied) in Letterkenny, County Donegal, will be included in his financial allocation in 2009; and if he will make a statement on the matter. [13898/09]

As the Deputy may be aware a key focus and priority of my Department is to provide for resources in schools to support pupils with special educational needs, including those with dyslexia. For mainstream primary schools, this is done through the General Allocation Model. This model was introduced in September 2005 and ensures that mainstream primary schools have the additional teaching resources already in place to enable them cater for children with high-incidence special educational needs, including dyslexia.

It is a matter for the individual school to use its professional judgement to identify pupils that will receive this support and to use the resources available to the school to intervene at the appropriate level with such pupils. My Department issued a comprehensive circular, SP ED 02/05, to schools to provide guidelines and advice on the manner in which they should use the resources that have been allocated to them to best effect. In addition, my Department provides funding for a number of special schools and special classes attached to mainstream primary schools which have been sanctioned to meet the needs of children with dyslexia. All special schools and special classes for such children operate at a reduced pupil teacher ratio and pupils attending such facilities attract a special increased rate of capitation grant.

Second level pupils with dyslexia are normally included in mainstream classes. Additional teacher supports are allocated to second level schools and Vocational Education Committees to cater for pupils with special educational needs, including, where appropriate, pupils with dyslexia. In accordance with the terms of circular letter M10/94 and depending on an educational assessment, pupils with dyslexia may meet the criteria for exemption from the learning of the Irish Language on the grounds of having a learning disability. They may also be eligible for special arrangements in State Certificate Examinations.

My Department also provides funding to schools for the purchase of specialised equipment such as computers to assist children with special educational needs, including children with dyslexia, with their education once relevant professionals recommend the equipment. Schools can apply to the local special educational needs organiser (SENO) directly for this support. My Department supports teachers with additional training needs in the area of dyslexia. The Special Education Support Service (SESS) manages, co-ordinates and develops a range of supports in response to identified teacher training needs. The SESS provides fees' subsidies for the on-line training course, "Dyslexia: Identification and Early Interventions". Fees' subsidies are also provided for teachers to enable them to avail of the Dyslexia Association of Ireland courses.

My Department has developed an information resource pack on dyslexia in CD-Rom,DVD and video format, in association with the Department of Education in Northern Ireland. This product has been made available to all primary and post-primary schools. The DVD and video provides support for parents of pupils with dyslexia while the CD-Rom assists teachers who are teaching children with dyslexia in the mainstream classroom. I know that the Dyslexia Association supported and assisted in this initiative.

The Dyslexia Association of Ireland has provided a range of supports for children with dyslexia and their parents over the years. The Dyslexia Association has also cooperated with various initiatives taken by my Department, including the Task Force on Dyslexia. While my Department has provided funding to the Dyslexia Association of Ireland at national level, it is not in a position to make additional funding available to local branches of the Association.

Student Support Schemes.

David Stanton

Question:

228 Deputy David Stanton asked the Minister for Education and Science the situation regarding maintenance payments for the students studying at PhD level in the UK; and if he will make a statement on the matter. [13957/09]

The Third Level Student Support Schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration (pursued in a university or a third level institution which is maintained or assisted by recurrent grants from public funds) in other EU Member States with effect from the 1996/97 academic year. The extension of the Schemes at that time did not include courses at postgraduate level and, accordingly, there is no grant aid available under the schemes for students pursuing postgraduate studies outside of Ireland. Any extension of the current arrangements to provide for students pursuing postgraduate courses outside of Ireland could only be considered in the light of available resources and other competing demands within the education sector.

At present, there are no plans to expand the provisions in the grant schemes in relation to postgraduate study abroad. However, Section 21 of the Finance Act 2000, as amended by Section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year 2000/01 onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from an individual's Local Tax Office.

Departmental Programmes.

Thomas P. Broughan

Question:

229 Deputy Thomas P. Broughan asked the Minister for Education and Science if he will report on the operation of the cycle to work scheme in his Department; if all agencies under the remit of his Department will be included in the scheme; if not, the reason for same; the State agencies under the remit of his Department currently offering this scheme to employees; and if he will make a statement on the matter. [14151/09]

Tax relief was provided in the Finance (No. 2) Act 2008 where an employer provides a bicycle for an employee. The implementation of the scheme for the Civil Service is being dealt with by the Department of Finance. I understand that implementing the scheme in the Civil Service has given rise to a number of issues, particularly in relation to procurement, warranty and insurance. The Department of Finance has, I understand, raised these issues with the State Claims Agency, Chief State Solicitors Office and the Office of the Attorney General. Once these issues have been clarified, the Department of Finance will issue a circular providing for a scheme in the Civil Service and this scheme can provide a framework for a similar scheme in the wider Public Service.

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