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Dáil Éireann debate -
Wednesday, 22 Apr 2009

Vol. 680 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.
Questions Nos. 11 to 64, inclusive, resubmitted.
Questions Nos. 65 to 72, inclusive, answered orally.

Garda Reserve.

Damien English

Question:

73 Deputy Damien English asked the Minister for Justice, Equality and Law Reform his views on the progress of the Garda Reserve since its establishment; and if he will make a statement on the matter. [14362/09]

Mary Upton

Question:

136 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the reserve currently in training; if he is satisfied with the rate of recruitment; when he expects that the full complement of 1,500 will be in place; if restrictions have been placed on recruitment to the reserve arising from budgetary restrictions; his views on the suggestion made by the Association of Garda Sergeants and Inspectors that the reserve should be scrapped; and if he will make a statement on the matter. [14272/09]

I propose to take Questions Nos. 73 and 136 together.

At 31 March 2009, there were 322 attested Reserve Gardaí and 152 Reserve trainees. Details of the stations to which Reserve members are currently assigned are set out in the table below.

The Agreed Programme for Government has set a target strength for the Reserve at 10% of the full-time strength of the force. As the Garda Reserve depends on volunteers who undertake their training and other duties during their free time, it is difficult to predict how many people will commence training in any particular period. However, I can assure the Deputies that the Garda Commissioner is continuing to make every effort to reach the recruitment target. In that context I would point out that the moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve.

Recruitment is ongoing and the Public Appointments Service has received over 1,100 expressions of interest to join the Reserve in 2009. The PAS hold interviews on a rolling basis at a range of locations around the country. The ongoing public information campaign to recruit members to the Garda Reserve includes indoor and outdoor awareness raising campaigns and radio and TV promotional interviews nationally and locally.

The Government is strongly committed to the development of the Reserve. I am fully satisfied that the Reserve provides a valuable contribution to the Garda Síochána and to the many communities where it is operating. In particular, I would like to express my appreciation to the members of the Reserve who serve on a voluntary basis and give of their time very generously.

Stations to which the 322 attested Reserve Members are currently assigned

Station

Number

Anglesea Street

10

Arklow

1

Ashbourne

1

Athlone

1

Balbriggan

3

Ballina

3

Ballyfermot

3

Baltinglass

1

Ballymun

6

Bandon

1

Blackrock

5

Blanchardstown

10

Bray

3

Bridewell

5

Cahir

1

Carlow

5

Carrick-on-Shannon

1

Carrick-on-Suir

1

Castlebar

8

Cavan Town

3

Celbridge

1

Claremorris

1

Clonakilty

2

Clondalkin

3

Clonmel

2

Clontarf

4

Coolock

6

Crumlin

3

Donnybrook

4

Drogheda

7

Dun Laoghaire

4

Dundalk

5

Ennis

8

Enniscorthy

2

Fermoy

2

Finglas

4

Fitzgibbon St

5

Galway

18

Gorey

1

Gurranabraher

6

Henry Street

10

Howth

3

Kells

1

Kevin St

6

Kildare

3

Kilkenny

6

Kilmainham

3

Letterkenny

5

Longford

1

Lucan

7

Macroom

1

Malahide

1

Mayfield

3

Middleton

3

Monaghan Town

4

Mullingar

6

Naas

2

Navan

2

Nenagh

1

New Ross

1

Newbridge

2

Pearse St

17

Portlaoise

1

Raheny

3

Rathfarnham

3

Rathmines

2

Ronanstown

1

Roscommon

3

Santry

4

Sligo

6

Store St

6

Sundrive Rd

1

Swords

4

Tallaght

2

Terenure

3

Thurles

1

Tipperary Town

1

Togher

4

Tralee

2

Tramore

2

Trim

1

Tuam

2

Tullamore

4

Watercourse Rd.

3

Waterford

9

Westport

3

Wexford

1

Whitehall

2

Departmental Expenditure.

Liz McManus

Question:

74 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the way, in respect of the announcement of 3 February 2009, he intends to achieve the general administrative reductions in regard to his Department; the amount expected to be saved in his Department’s budget as a result of this process; and if he will make a statement on the matter. [14255/09]

I refer the Deputy to my reply to Questions No. 56 and 110 of 25 February, 2009.

Since then and in advance of the publication of the Revised Estimates Volume, my Department has introduced a number of measures to achieve the general administrative cost reductions which are required.

All expenditure in my Department's Vote Group is reviewed every month by the Department's Financial Management Committee. Expenditure trends are identified and where necessary, corrective measures are put in place. In addition to this high level expenditure control function, each Departmental agency, division and associated body has its own financial management processes which, in some instances, monitor trends on a weekly basis.

Prudent financial management requires that contingency arrangements be put in place, where possible, to cover unanticipated events. In this respect my Department's contingency arrangements include the postponement of spending decisions on "discretionary" items until such time as the likely overall expenditure patterns on the Vote Group have become clearer.

Clearly, the Government sector, as a major procurer of goods and services, is in a unique position to maximise its purchasing power. Consequently, my Department has undertaken a comprehensive analysis of existing supplier arrangements, costs and rates in order to identify potential savings. This is in addition to the savings already being achieved by the implementation of the 8% reduction in professional fees. In advance of the establishment of the National Procurement Operations Unit, my Department has also strengthened its sectoral procurement network in order to achieve the best prices from the market.

The Deputy will be aware that a key area where savings can be realised is in the shared services approach, where back office functions, such as Finance, ICT and HR, can be shared by a number of different units to produce cost savings. My Department fully supports the concept of shared services and currently operates a major public sector financial shared services centre in Killarney, as well as an IT shared services facility which encompasses the core Department, twenty sectoral agencies and over 1,500 users.

I would also like to draw the Deputy's attention to the fact that my Department is also participating in the Office of Public Works (OPW) Energy Awareness Campaign. This project aims to conserve energy in State Buildings and has as its objective a 15% reduction of CO2 emissions per annum in all of the nominated State Buildings. A number of my Department's main buildings are included in this project and, with the assistance of the OPW and external advisors, we are already well on the way to achieving our targets and real cost reductions in energy supply.

I expect that, in accordance with the Government's decisions on these matters, the required budgetary savings will be achieved by my Department in 2009. The precise details of these reductions are still being finalised and will be published in the normal way in the Revised Estimates Volume on Thursday. As the Deputy will appreciate, I cannot pre-empt their formal publication but I anticipate that the amount to be saved in respect of these administrative reductions will be in the order of €10m.

Prisoner Deaths.

Dan Neville

Question:

75 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform his views on the number of prisoners who have died in custody in the past two years; and if he will make a statement on the matter. [14397/09]

I have been informed by the Irish Prison Service that there have been six deaths in custody in 2007, eleven deaths in 2008 and three deaths to date in 2009.

All deaths in custody are the subject of a Garda investigation and an inquest held in a Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Court. Of the twenty deaths in custody since 2007, the cause of death has been determined formally in five cases. Two deaths were attributed to natural causes, two were classified as deaths by misadventure and an open verdict was recorded in one case.

The circumstances of each death in custody are also examined by a multi-disciplinary group in each institution. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the Irish Prison Service Steering Group for the Prevention of Self-Harm and Death in the Prison Population provides a forum for collating the reports of the local groups and disseminating significant findings throughout the prison system. There are strategies and plans in place in all institutions for the prevention of suicides.

As regards deaths in Garda custody, I am informed that 6 people have died in custody since 2007.

Section 102 of the Garda Siochana Act 2005 requires the Garda Commissioner to refer to the Garda Siochana Ombudsman Commission (GSOC) any matter that appears to indicate that the conduct of a member of the Garda Siochana may have resulted in the death or serious harm to a person.

Since GSOC has become operational in May 2007 there have been three deaths in custody. A file was sent to the DPP in one case — returned with no direction for prosecution — and two other cases are still under investigation.

The Treatment of Offenders in Custody Regulations (1987 and 2006) prescribe the actions of the Garda Siochana when dealing with persons in their custody. Members are fully aware of their responsibilities to those in their custody and of the need for strict compliance with the regulations. In this regard there have been a number of developments in recent times:

guidance notes on the Regulations for members of An Garda Síochána had been extensively updated to incorporate legislative changes and other legal developments and to reflect best practice. These notes have been circulated to all members.

In his foreword to the new guidance notes, the Garda Commissioner has stressed that it is imperative that members of An Garda Síochána in complying with legal requirements promote respect for and observance of human rights and fundamental freedoms.

A revised Garda Síochána Custody Record had been introduced incorporating a new section on children and capturing more comprehensive details on the condition of the detained person on arrival.

The operation of all these measures is subject to ongoing monitoring and review as appropriate and is part of An Garda Síochána's overall commitment to upholding and protecting the rights of all detained persons.

Finally, on a related point, arising from the Dean Lyons case an Expert Group to examine the adequacy of Garda protocols and procedures relating to the interviewing of vulnerable persons was established. This group is expected to report in the near future.

Question No. 76 answered with Question No. 72.

Guardianship Rights.

P. J. Sheehan

Question:

77 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform his views on the guardianship rights of non-marital fathers; and if he will make a statement on the matter. [14417/09]

Existing legislation makes extensive provision for unmarried fathers with respect to their children.

Under the law as it stands — section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987 — an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian.

Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child, including directions as to custody and access. In addition, the section provides that the unmarried father of a child, even if he is not a guardian, may apply to the court for orders on custody and access. Section 3 of the Act provides that, in deciding on an application relating to the custody, guardianship or upbringing of a child, the court shall regard the welfare of the child as the first and paramount consideration.

These legislative provisions are comprehensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests. The vast majority of applications by unmarried fathers for guardianship are granted by the court.

Prison Building Programme.

Kieran O'Donnell

Question:

78 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform his plans in respect of capital projects in the prison sector in 2009; and if he will make a statement on the matter. [14401/09]

The 2009 prisons capital programme includes a number of important projects.

Thornton Hall

A preferred bidder for the design, construction, finance and maintenance of the new prison development at Thornton Hall, County Dublin has been selected. While negotiations on the contract are at an advanced stage they have not yet been completed to the point that the Project Agreement can be signed. I am advised by the Irish Prison Service that negotiations with the preferred bidder are currently at an advanced stage. These negotiations are focussed on progressing financial, technical and legal aspects of the project. Construction of the new prison will commence immediately after contract award and should take no more than 3 years to complete.

New Blocks at Castlerea, Portlaoise and Wheatfield

Other major projects in hand at present include the commissioning and opening of new cell blocks at Portlaoise and at Wheatfield and a new remand wing at Castlerea Prison. These projects will provide over 400 additional spaces. The developments at Portlaoise and Castlerea are on schedule and it is expected that both blocks will be ready for occupation shortly.

The new cell block at Wheatfield, also on schedule, will be ready later in the year.

In addition to these projects, a new Recreation Building is due for completion shortly at Castlerea along with revisions to the Exercise Yards and some other facilities.

Mobile Phone Inhibition

Phases 1 and 2 of this project have been successfully completed and evaluated in the Midlands Prison.

The results of the project so far have convinced the Irish Prison Service of the merit of extending the inhibition system to the new "C" Block in Portlaoise Prison and the nearby Segregation Unit, and installation work is currently ongoing.

Three other companies, each relying on technology designed by themselves (and different in its modus operandum from each others), are also being given an opportunity to install trial systems of mobile phone inhibition in some of our prisons.

When evaluation of the trial systems is complete, it is intended to seek competitive tenders on a prison by prison basis from all companies whose product meets our requirements for installation of inhibitors. The roll-out of this project will continue throughout 2009.

Other Projects

A number of smaller but nevertheless significant projects in the areas of ICT, Fire Safety, CCTV, Exercise Yard netting and other Security Initiatives are planned for 2009.

A 2009-2012 rolling Capital Programme for the Prison Estate is currently being finalised. This programme will outline the key areas of capital expenditure over the next four years including the provision of additional prison spaces, enhanced security, elimination of obsolete and unsuitable accommodation and continued improvements to the fabric of the Prisons Estate.

Departmental Reports.

Emmet Stagg

Question:

79 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the action he has taken or plans to take arising from the report of the Hartnett inquiry into the death of a person (details supplied); and if he will make a statement on the matter. [14271/09]

As indicated in my responses to Parliamentary Questions Number 62 of 18 December 2008 and Number 90 of 25 February 2009, the findings of the Hartnett Report have been accepted.

The Inquest into the death of the person in question has been concluded and civil proceedings instituted by the person's family have been settled.

A Chief Superintendent was appointed under the Garda Síochána (Discipline) Regulations 2007 to deal with disciplinary matters arising from the Report. The question of discipline for members is, in the first instance, a matter for the Commissioner and I understand that one member has been dealt with under that process and the process is ongoing in respect of two others.

Proposed Legislation.

Ciaran Lynch

Question:

80 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when he will introduce the legislation promised to increase jail sentences for possession of a knife; and if he will make a statement on the matter. [14252/09]

Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. These include:

increasing the maximum prison sentence for possessing a knife in a public place from one year to five years; and

creating an extended power of search without warrant in certain circumstances.

I have accepted these proposals and the relevant changes to the Law in this area will be made in the context of the forthcoming Criminal Justice (Miscellaneous Provisions) Bill which was considered by Government at its meeting today. The Bill deals with a range of amendments to current statutes including very significant changes to the Firearms Acts.

Following the consideration of the matter by Government today, I expect to publish the Bill shortly and it is my intention to have the issues to which the Deputy refers along with the other important issues relating to the control of firearms and offensive weapons being dealt with in this legislation, brought before the House at the earliest possible opportunity.

In addition, I have directed the drafting of a new Firearms and Offensive Weapons Order which will deal with the issue of swords. In particular, I will be banning the sale of samurai swords.

As the Deputy will be aware, on 5 February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Síochána with the objective of informing and educating young people in particular on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime.

Prison Drug Treatment Services.

Aengus Ó Snodaigh

Question:

81 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent statement by the UN Special Rapporteur on Torture that the absence of needle exchange from places of detention amounts to cruel, inhumane and degrading treatment; and if he has raised this issue with the Department of Justice, Equality and Law Reform. [8836/09]

The statement referred to by the Deputy has recently been made available by the Office of the United Nations High Commissioner for Human Rights. Amongst various matters raised in the statement there is comment expressing reservation that needle and syringe exchange programmes are available to prisoners in only eight countries throughout the world and opiate substitution therapy in only thirty three States, often restricted to those who already have begun to receive treatment prior to incarceration.

There is concern expressed by the Special Rapporteur that, notwithstanding recommendations and decisions of various international Human Rights bodies, failure to provide adequate health services to detainees may contribute to conditions amounting to cruel, inhuman, and degrading treatment. He goes on to raise concern that failure to ensure access to harm reduction measures — both inside and outside prisons — puts injecting drug users at unnecessary and avoidable risk of blood borne infection.

In the Irish context, I would remind the Deputy that all prisoners have access to health services on an equivalent basis to citizens in the general community covered by the General Medical Services scheme. The Irish Prison Service has, in the context of drug treatment services, been engaged in collaborative efforts involving community health and drug treatment resources aimed at ensuring that the range of services available to prisoners is consistent with good practice in the general community. Notwithstanding present resource difficulties, it remains a priority of my Department and the Irish Prison Service that such services will continue to be available.

Turning to the question of needle exchange in prisons. My position on this matter is clear — I do not support such a move. Any person seeking syringes, needles and fluids under such a scheme would essentially be indicating to the prison authorities that he or she is in possession of, or shortly will be in illegal possession of, controlled drugs and proposes consuming them. To supply a prisoner with the requested items in these circumstances would, in effect, be to tell him or her that prison management will facilitate the commission of serious criminal offences in the prison.

Needle Exchange Schemes would subvert, and run contrary to increasing staff vigilance in searching for drugs and preventing them being smuggled into prisons. As far as my Department is concerned, drug control in prisons would be reduced to a game in which a blind eye approach to successful breaches of the controls would, in time, become the order of the day. The Irish Prison Service is committed to the twin strategies of Supply and Demand Reduction to deal with the issues of drugs in prison — closing off routes of supply and providing appropriate support to prisoners to tackle their addictions. The introduction of needle exchange would run contrary to these approaches.

As previously stated, my priority and that of the Irish Prison Service is to ensure that an appropriate range of treatment services is available to all prisoners requiring these.

Legislative Programme.

Dinny McGinley

Question:

82 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform the progress that has been made in respect of legislating for covert surveillance; and if he will make a statement on the matter. [14392/09]

The Criminal Justice (Surveillance) Bill 2009 was published on 17th April 2009.

The Bill provides a statutory framework for surveillance by an Garda Síochána, the Defence Forces and the Revenue Commissioners in their respective roles in combatting serious crime and protecting the State from subversive and terrorist threats.

Up to now surveillance has been used primarily as an intelligence gathering tool. Under the Bill material gathered under its provisions will be now capable of being used as evidence in criminal trials.

Phil Hogan

Question:

83 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when he plans to bring proposals forward for management company regulation; and if he will make a statement on the matter. [10262/09]

Legislation to address the Law Reform Commission's recommendations on multi-unit developments is in the course of being drafted by the Parliamentary Counsel as a matter of priority. The intention is to publish the Bill in this Session.

The principal focus of the new Bill will be on ensuring good governance of property management companies and similar bodies which comprise the owners of units within multi-unit developments and which exercise management functions in relation to such developments. It is also intended to include provisions for the resolution of disputes arising in relation to such matters. The policy aspects extend to my Department, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government.

Prisoner Releases.

Richard Bruton

Question:

84 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the arrangements in place to supervise prisoners following their release; the number of prisoners currently under supervision; the level of supervision that is taking place generally in respect of prisoners; and if he will make a statement on the matter. [14335/09]

Generally speaking when a prisoner has fully completed his or her sentence he/she is no longer subject to any legal obligation to be subject to supervision. However, some former prisoners will of their own volition participate in courses/programmes arranged through the Probation Service. Furthermore, in the case of certain offences (e.g. sexual offences) the Judge at the time of sentencing may include a post release supervision order which applies after the custodial part of the sentence has been served. Some form of supervision may also be imposed by the Courts in the context of a part or full suspended sentence. Of course, prisoners, including life sentenced prisoners, given temporary release are still subject to their sentence and temporary release is given subject to various conditions which the prisoner must comply with or else they risk return to prison.

Persons come under the supervision of the Probation Service on release from prison under certain specific legislation, namely:

The Criminal Justice Act 1960 (temporary release) as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003;

The Sex Offender Act 2001; and

The Criminal Justice Act 2006

In respect of the Criminal Justice Act 1960 (temporary release) as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 there are currently 82 offenders under the supervision of Probation Service.

In respect of the Sex Offender Act, 2001 there were 106 sex offenders under the supervision of the Probation Service on the 20th April of which 80 have served a custodial sentence prior to commencing supervision. On the same date there were 139 offenders in custody who will be subject to supervision following release.

In respect of the Criminal Justice Act, 2006 I am advised that the Probation Service is updating its record on the number of offenders in the community who are subject to Probation supervision in the community under this Act. When this work is completed I will provide the Deputy with the up-to-date information. I can tell the Deputy that there are currently 477 prisoners in custody serving part suspended sentences under the 2006 Act.

The Probation Service carries out formal risk assessments on offenders using validated risk assessment instruments. This informs both the level of supervision and the targets for intervention during supervision.

Evidence from research indicates that the higher the level of risk, the greater the level of intervention required. Supervision levels therefore vary depending on the level of assessed risk. Supervision incorporates a multi agency and cross sectoral approach.

Additionally my Department through the Probation Service financially supports a broad range of community programmes to support the supervision process. For example, in partnership with the Granada Institute, the Probation Service runs the Lighthouse Sex Offender Treatment Programme. This is a therapeutic group work programme which aims to reduce the risk of re-offending. There are two group work programmes running currently in Dublin and one in Cork. The three programmes offer places to a total on 24 sex offenders at any one time.

I should also make the Deputy aware of some more recent developments:

Firstly, I published a significant Discussion Document on the management of sex offenders last January which sets out a range of enhanced initiatives that will result in more strategic targeting of higher risk offenders by the Gardaí and the Probation Service with the full support of the Irish Prison Service.

Secondly, I have asked my Department to review the operation of the Sex Offenders Act, 2001.

Thirdly, I have also asked my Department to examine how we might use Electronic Monitoring technology to monitor sex offenders during the first six months following release from prison as well as the more general application of this technology to the wider prisoner population. The Project Group set up to look at this matter — which is led by the Probation Service — is due to report later in the year and my Department is looking at the legislative implications of monitoring the sex offender cohort for a defined period following release.

Proposed Legislation.

Paul Connaughton

Question:

85 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform if he has plans to introduce legislation to allow for fines and civil debt to be paid incrementally; and if he will make a statement on the matter. [14345/09]

Brian O'Shea

Question:

134 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when, further to an interview (details supplied), he will introduce legislation to end prison terms of non-payment of fines; and if he will make a statement on the matter. [14258/09]

I propose to take Questions Nos. 85 and 134 together.

The Fines Bill 2009 was published last Monday, April the 20th.

The Bill covers three main areas of policy; the indexation of fines, the capacity of persons to pay fines and alternatives to imprisonment where a fine has not been paid by the due date for payment.

In particular, section 14 of the Bill provides that where a fine is imposed on a person, that person may apply to the court to pay the fine by instalments. If the court is satisfied that to pay in full by the due date would result in undue financial hardship for the person who was fined, or to his or her dependants, the court can direct that the fine be paid by instalments over a period of one year. An extension of not more than a further year may be given by the court where it is satisfied that the financial circumstances of the person have changed and that the change is not due to the person's culpable neglect.

In addition, I am providing the courts with three new options where a fine has not been paid by the due date. These are the appointment of a receiver, where the fine was imposed following conviction on indictment, recovery of the fine as if it was a civil debt and the imposition of a community service order.

I believe that this legislation will make a significant contribution towards reducing the numbers imprisoned for the non-payment of fines while at the same time preserving the integrity of the fines system.

There are no plans at present to amend the law in relation to civil debt. However, operation of the law is being kept under review in my Department.

Legislative Programme.

Andrew Doyle

Question:

86 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the progress he has made in respect of the establishment of a judicial council; and if he will make a statement on the matter. [14360/09]

As I indicated in my reply to Parliamentary Questions No. 341 of 18 November and No. 28 of 18 December 2008 work on the scheme of the Judicial Council Bill is at an advanced stage of development in my Department.

Following contacts with the Chief Justice a working group was established in 2008 to advance the Bill. The Group comprises a nominee each of my Department and of the Chief Justice. Its work is nearing conclusion and I expect to be in a position to seek Government approval to draft the Bill shortly.

Garda Retirement.

Kathleen Lynch

Question:

87 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the number of applications received to date in 2009 for early retirement from members of the gardaí; the way this compares to the same period in each year from 2002; his views on reports that a significant number of senior gardaí are planning to take early retirement as a result of the public service pension levy; and if he will make a statement on the matter. [14253/09]

I am informed by the Garda authorities that the number of Gardaí who have voluntarily retired from An Garda Síochána in the first three months of each year from 2002-2009 was as set out in the table hereunder.

Dates

Voluntary Retirements

01/01/02 – 31/03/02

63

01/01/03 – 31/03/03

109

01/01/04 – 31/03/04

103

01/01/05 – 31/03/05

59

01/01/06 – 31/03/06

59

01/01/07 – 31/03/07

26

01/01/08 – 31/03/08

54

01/01/09 – 31/03/09

111

It is not possible to identify particular factors in decisions made by members to take early retirement, but clearly the rate of retirement will continue to be kept under review.

Crime Levels.

Bernard J. Durkan

Question:

88 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which he has monitored the number of break-ins at domestic or commercial premises in each of the past five years to date in 2009; the number of cases reported, recorded and investigated; the number of incidents in which the property was recovered in full or in part; the number of incidents in which prosecutions were initiated and successfully concluded or otherwise; if he intends to take particular initiatives to address this ongoing issue; and if he will make a statement on the matter. [14324/09]

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 and puts strategies in place to prevent, detect and reduce the number of incidences of this type of crime. Divisional Scenes of Crime Units provide a flexible and immediate response to emerging crime issues and assist in identifying and monitoring crime trends as they are emerging.

Injured parties are offered crime prevention and personal security advice by members of An Garda Síochána attending the scenes of such crimes. The Divisional Crime Prevention Officer can also be requested to attend at the scene and conduct a security audit, providing specific crime prevention or personal security advice, depending on the circumstances of the individual or business.

Firearms Licences.

Ruairí Quinn

Question:

89 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the number of licensed handguns in respect of each year from 2002 to date in 2009; the number of licensed handguns that were reported as stolen; the number of such stolen guns that were subsequently used in crimes; and if he will make a statement on the matter. [14264/09]

The Deputy will be aware that prior to 2004 there was a de facto ban on handguns in this jurisdiction. However, I understand from the Garda Authorities that records indicate approximately 2,000 handguns have been licensed since the beginning of 2004. The most recent figures on stolen firearms were received on 16 December 2008 and indicate that 31 handguns were recorded as stolen since 2004.

I am further advised that stolen firearms are used in the course of the commission of other criminal offences but, because not all stolen firearms or firearms used in the commission of offences are recovered, it is not possible to say precisely how many formerly legally held handguns have been used in criminal offences.

As I have stated on a number of occasions I am concerned with the situation we now find ourselves in following the growth in the licensing of hand guns over the past few years. We now have these 2,000 handguns licensed, and not as a result of a considered or deliberate public policy decision. As Mr. Justice Charleton said in a recent judgment the public is entitled to feel alarmed at the proliferation of handguns. I am not going to permit the growth of a ‘handgun' culture. It was against this background that I announced my proposals for reform in this area, which include a ban on issuing new licenses for handguns and a strict regime for renewal of existing licenses, with limited exceptions made in relation to Olympic sports.

The House may note the endorsement of these proposals by the Chief Inspector of the Garda Inspectorate who draws on her own considerable experience of policing in the United States. She has recently been quoted as saying that a lot of guns used in the commission of crime in the States are guns that have been stolen from their rightful owners. We must have controls in place to prevent the same thing happening here. My proposals will be reflected in the Criminal Justice (Miscellaneous Provisions) Bill which I will be publishing imminently.

It is important to say that my proposals in relation to handguns will not impinge directly on the activities of the vast majority of licensed firearms holders. I recognise that those firearms holders pursue their legitimate interests in a law abiding way and am anxious to have a well regulated sector in which those interests can be successfully pursued, in cooperation with the relevant authorities. But the reality is specific issues arise from the inherent nature of firearms.

Drugs Offences.

Brian O'Shea

Question:

90 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his views on the Central Statistics Office crime figures for 2008 and on the continued increase in the number of drug offences; and if he will make a statement on the matter. [14257/09]

The most recent Central Statistics Office figures referred to by the Deputy show an increase of 25.4% in the overall total of drugs offences recorded for 2008 in comparison with 2007.

It is important to emphasise that, of their nature, drug offences are only recorded as a result of enforcement activity. For example, obviously possession of drugs for supply is only recorded as an offence where the law enforcement agencies have detected the offence and pursued it. The statistics in question, therefore, represent increased levels of enforcement and should lead to commendation of the efforts of those involved.

The House will be aware from media reports and elsewhere of the relentless action being taken particularly by An Garda Síochána in pursuing the activities of drugs gangs and the considerable success they have had through making major seizures and arrests.

Those successes are inevitably reflected in the recording of an increased number of drug offences but it would be a pity if, through some misunderstanding or misinterpretation of the statistics, this was to be counted as a failure rather than a success of their enforcement strategies.

That is not in any way to understate the extent of the problem of drug abuse and the need to devoting considerable resources to tackling it. That is exactly what is being done.

Through ongoing specific initiatives and intelligence-led operations, An Garda Síochána continues to seize substantial quantities of illegal drugs and identify those involved in the importation, distribution, sale and supply of illegal drugs.

In addition to the officers of the Force specifically assigned to the drugs issue who are attached to the Garda National Drugs Unit and the Divisional Drug Units, officers from the National Bureau of Criminal Investigation, the Organised Crime Unit and the Criminal Assets Bureau all assist in our overall law enforcement response to drug trafficking and drug dealing.

In addition, the Gardaí work closely with Customs and the Naval Service under the umbrella of the Joint Task Force on Drugs as well as with their international colleagues in tackling the problem.

Among recent and ongoing initiatives are the establishment of the Organised Crime Unit on a permanent footing, our involvement in the establishment and ongoing operation of the Maritime Analysis and Operations Centre in Lisbon, strengthened provisions in the Criminal Justice Acts 2006 and 2007 and the ringfencing of €21million this year for Operation Anvil.

Furthermore, I am confident that the legislation which I announced last week dealing with surveillance will be of particular value in tackling drugs gangs.

Finally I am sure all members of the House will accept fully that we cannot tackle the problem of drug misuse through law enforcement measures alone. We need to tackle the demand for drugs and, in this context, I can assure the House that my Department, and all the agencies under its aegis, are cooperating fully in the development of the new National Drugs Strategy for the period 2009 to 2016 which is being drawn up under the aegis of the Department of Community, Rural and Gaeltacht Affairs.

Crime Levels.

Willie Penrose

Question:

91 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2009; the number of such cases in which prosecutions for murder were initiated; the number of such cases in which convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [14261/09]

Pat Rabbitte

Question:

112 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of gun murders which have taken place since the beginning of 2009; his views on such gun murders in the Dublin area and the extent to which this reflects the continued operation of criminal gangs; the steps being taken to deal with such murders; and if he will make a statement on the matter. [14239/09]

Bernard J. Durkan

Question:

114 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to bring to an immediate end the activities of criminal gangs, which has resulted in shootings, stabbings, armed robberies, murders, attacks and shootings on gardaí, extortion, witness intimidation, money laundering, racketeering and protection; his views on whether the threat of promised legislation has no bearing on such activity and does not deter others from joining in the fray; if he has proposals to put such persons off the streets on a permanent basis; and if he will make a statement on the matter. [14325/09]

Jim O'Keeffe

Question:

124 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on recent gangland killings; and if he has proposals to deal with same. [14320/09]

I propose to take Questions Nos. 91, 112, 114 and 124 together.

The following table contains the number of cases of murder recorded in which firearms were used, the number of prosecutions initiated and the number of convictions secured in each year from 1998 to 2008 and in 2009 up to 16 April. Figures provided are provisional, operational and liable to change.

The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so.

While An Garda Síochána have made significant progress in the investigation of a number of killings, there can be considerable difficulties for them in obtaining evidence in shootings which are the result of gangland activities. It has to be accepted that the reality is that associates of a victim of a gangland killing who would have information of value to An Garda Síochána often do not cooperate with Garda investigations. Indeed, they frequently fail to cooperate even when they themselves are the victims of violence. A number of changes to the law on evidence have been made to address this. It has also to be accepted that there is often no connection or personal association between the victim and the perpetrator, which makes it very difficult for An Garda Síochána in their investigation of such a murder. Witnesses may also be subject to high levels of intimidation not to come forward, and it is to assist such witnesses that the Witness Protection Programme is in place.

Our criminal law has been significantly strengthened in recent years. Many of these changes are targeted at fighting gangland crime. The Criminal Justice Acts of 2006 and 2007, in particular, introduced wide ranging reforms to strengthen the capacity of An Garda Síochána to tackle serious crime. One of the most far reaching has been the introduction of seven day detention for offences connected with organised crime such as murder or kidnapping involving the use of a firearm. The bail laws have been strengthened to allow the prosecution mount a more effective challenge to bail applications. For example, applicants for bail can be required to provide a statement of their means so that the prosecution can highlight any divergence between their lifestyles and their stated means as evidence of their involvement in gangland activity. The circumstances in which inferences may be drawn at trial from a suspect's silence in response to Garda questioning have also been expanded.

We will continue to press forward with this work in strengthening the criminal law. I published the Criminal Justice (Surveillance) Bill 2009 on 17 April. The main purpose of the Bill is to strengthen the powers available to An Garda Síochána to prevent and detect serious crime, as well as to safeguard the security of the State against subversion and terrorism.

I have also indicated, particularly in light of the recent killing in Limerick which has very serious implications for the operation of the criminal justice system, that I am working on proposals to strengthen the criminal law in relation to gangland activity particularly through taking an approach similar to that taken against subversive organisations.

Work is ongoing on legislation to provide for the establishment of a DNA database for criminal investigations purposes. Such a database will greatly enhance the intelligence available to An Garda Síochána. I expect to be in a position to publish the Bill by the summer.

My proposals for the Criminal Procedure Bill are also well advanced. While this Bill is primarily aimed at giving effect to the legislative aspects of the Justice for Victims Initiative which I announced last June, some elements of it will be of considerable benefit in our fight against serious crime. In particular, it is proposed to enable the DPP to seek a re-trial where an acquittal is tainted due, for example, to intimidation of witnesses or jurors. There will also be a provision on expert evidence, to ensure that the prosecution is given adequate opportunity to examine and challenge evidence being introduced by the defence; in other words, there will be a levelling of the pitch. I expect to be in a position to seek Government approval for the publication of the Bill shortly.

Some time ago, I asked my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following that review, I have brought forward proposals. While a de facto ban on new handgun licences is already in place, my proposals will also be given legislative form in the Criminal Justice (Miscellaneous Provisions) Bill.

Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. I have accepted these proposals, and the forthcoming Criminal Justice (Miscellaneous Provisions) Bill will take account of them.

The Garda Policing Plan for 2009, which reflects the priorities set for the Force by me as Minister, contains a series of measures aimed at reducing the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in criminality. An Garda Síochána, in accordance with the priorities I have set, is committed to targeting violent crime and those who engage or facilitate persons involved in such activity.

One of these operations is Operation Anvil, the primary focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Under the Operation, up to 22 March, 2009, 2,469 firearms have been recovered throughout the country. There have also been over 7,500 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 72,000 searches for weapons, drugs and stolen goods.

At a time when the public finances are under pressure, I am determined that top priority will continue to be given to frontline policing. Funding for Operation Anvil has increased in 2009 from €20 million to €21 million to enable it to continue with targeted disruption of serious and organised criminal activity. Other key operations will be maintained through 2009, and any savings that have to be made will not be allowed to diminish frontline policing.

A significant element of the fight against organised crime by An Garda Síochána is the use of specialist units. Units with expertise in specific areas operate under the direction of the Assistant Commissioner in charge of the National Support Services, who has overall responsibility for the coordination of measures designed to address organised crime throughout the State. Specialist units include:

the Criminal Assets Bureau which identifies and targets funds accumulated by criminals in order to seize such assets and deprive them of the profits of their criminal activity;

the Organised Crime Unit which has a specific remit of targeting those suspected of involvement in organised crime, including the trafficking, importation, sale and supply of drugs;

the Garda Bureau of Fraud Investigation which is responsible for the investigation of individuals and organisations involved in money laundering;

the National Bureau of Criminal Investigation which is responsible for investigating the activities of organised criminal networks; and

the National Drugs Unit and dedicated Divisional and District Drugs Units.

These units are supported by the Garda Security and Intelligence Section which assists with the provision of intelligence briefings and timely information.

The number of murders recorded in which a firearm was used, proceedings commenced and convictions

Year

Recorded

Proceedings Commenced

Convictions

2009*

11

1

0

2008

21

7

0

2007

18

2

0

2006

26

6

2

2005

22

3

2

2004

8

4

3

2003

19

3

1

2002

10

4

3

2001

9

2

1

2000

12

4

1

1999

12

7

5

1998

4

2

1

*Figures provided for 2009 are to up 16 April.

Proposed Legislation.

Billy Timmins

Question:

92 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the progress that has been made in respect of the introduction of legislation to prevent money laundering in this jurisdiction in line with the third EU anti-money laundering directive; and if he will make a statement on the matter. [14382/09]

Ruairí Quinn

Question:

125 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the reason for the failure to implement the 2005 EU directive on money laundering by the deadline of December 2007; when the required legislation will be published; if he will confirm that there are enforcement proceedings imminent against Ireland for its failure to implement the Directive; and if he will make a statement on the matter. [14263/09]

I propose to take Questions Nos. 92 and 125 together.

The Criminal Justice (Money Laundering) Bill, which will transpose the requirements of the third EU Money Laundering Directive into Irish Law, along with those of the related implementing Directive is being drafted at present. The highest priority is being given to the drafting and publication of this Bill. The proposed legislation will also have regard to the relevant recommendations of the Financial Action Task Force (FATF), which published the third mutual evaluation report on Ireland's measures to combat money laundering and terrorist financing in 2006 and made recommendations.

Ireland already has strong anti-money laundering legislation. The transposition of the 3rd EU Money Laundering Directive and legislative compliance with the FATF recommendations on anti money laundering and terrorist financing measures, will considerably strengthen and update our existing laws. I am taking the opportunity through this Bill to repeal and consolidate our existing anti-money laundering provisions in one statute. This approach will I believe facilitate all the various sectors and groups involved in using and applying the money laundering provisions. For this reason, when Government approval was given to the drafting of this Bill approval was also given to the publication of the proposals on my Department's website. Following publication of the Scheme of the Bill my Department, along with the Department of Finance with whom my Department is working closely on the preparation of this legislation, undertook an extensive consultation process involving a wide range of interested parties. The process included both the provision of written submissions and meetings with many interested groups. The process was an extremely useful and important exercise for all concerned.

The transposition date for the relevant Directives was December 2007. The European Commission has brought proceedings against Ireland and some other Member States in relation to the transposition of these Directives. As the matter is currently with the European Court of Justice it would be inappropriate to comment any further. It should be noted however that I expect to be in a position to publish the legislation by the first half of this year and it is my intention that it will be considered by both houses of the Oireachtas as soon as possible following publication.

Garda Complaints Procedures.

Aengus Ó Snodaigh

Question:

93 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; the considerations that preceded the decision by the Garda Complaints Board to destroy all the files; if the statutes of limitations, the fact that related cases remain sub judice and the fact that some files may have been of assistance to future investigations by the Garda Síochána Ombudsman Commission were taken into consideration; the basis of the decision; and if he will make a statement on the matter. [14192/09]

I refer the Deputy to my response to Parliamentary Questions Nos. 135 to 141 of 2nd April 2009. I have nothing further to add.

Crime Levels.

Seymour Crawford

Question:

94 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform the number of murders that have taken place each year during the past five years and to date in 2009; and the number of convictions that have been secured in respect of these murders. [14350/09]

The following table contains the number of cases of murder recorded and the number of convictions secured in each year from 2004 to 2008 and in 2009 up to 3 April.

The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore persons charged and brought before the courts may be convicted of offences other than murder.

The number of murders and convictions recorded for the years 2004 to 2008 and in 2009 up to 3 April

Year

Recorded

Convictions

2009

15

0

2008

51

1

2007

78

28

2006

62

28

2005

53

24

2004

31

28

All figures are provisional and liable to change.

Prison Drug Treatment Services.

Deirdre Clune

Question:

95 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the drug rehabilitation programmes available in each of the State’s prisons; the number of prisoners who have engaged in such programmes in each prison each year for the past five years; and if he will make a statement on the matter. [14343/09]

The Irish Prison Service continues to implement its 2006 Drugs Policy & Strategy, entitled Keeping Drugs Out of Prison. At present, any person entering prison giving a history of opiate use and testing positive for opioids on committal are offered a medically assisted symptomatic detoxification if clinically indicated. Patients can, as part of the assessment process, discuss with healthcare staff other treatment options which may include stabilization on methadone maintenance for persons who wish to continue on maintenance while in prison and when they return to the community on release. Methadone maintenance is available in 8 of the 14 places of detention accommodating over 80% of the prison population. The table below provides the number of prisoners who received opiate substitution treatment with methadone (detox, stabilisation or maintenance) since 2003.

Number of Prisoners Treated

Prison

2003

2004

2005

2006

2007

2008

Cloverhill

591

528

571

678

710

827

Dochas

257

211

228

216

225

245

Limerick

15

3

4

8

10

37

Midlands

6

6

19

90

110

Mountjoy

592

394

590

464

594

553

Portlaoise

30

6

2

2

3

4

St. Patrick’s

43

3

1

8

15

28

Wheatfield

226

158

162

184

193

210

Totals

1,754

1,309

1,564

1,579

1,840

2,014

Drug users can present with multiple and complex problems. For that reason a multidisciplinary approach is needed to effectively care for this group and best practice would indicate that maintenance of a personalised therapeutic relationship yields the best outcomes. To assist this process, specialist addiction nursing posts were developed in the Irish Prison Service with a view to streamlining care and throughcare back into the community.

The Medical Unit in Mountjoy Prison has 9 spaces specifically allocated for a therapeutic drug free programme. This intensive programme is 6 weeks in duration and includes involvement from both prison based staff and external community agencies. Its aim is to assist prisoners in achieving a drug free status.

A further development has been the awarding of a contract for the provision of addiction counselling services to Merchants Quay Ireland. I am glad to tell the Deputy that this contract has been rolled out, and addiction counselling services are now available in prisons and places of detention where prisoners require such a service. The addiction counselling service delivers approximately 1000 hours per week of prisoner access to addiction counselling.

In addition, prisoners have access to a range of medical and rehabilitative services such as psychosocial services and work and training options which can also assist in addressing their substance misuse issues. This multifaceted approach is designed to meet the diverse needs of prisoners. Whilst it is not possible to give comprehensive detail on the total number of prisoners engaged in the various treatment modalities I can, as an example of one specific intervention, tell the Deputy that there were 2487 treatment episodes using methadone substitution in 2008.

Garda Investigations.

Róisín Shortall

Question:

96 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the number of occasions in 2007, 2008 and to date in 2009 in which grenades, bombs or improvised explosive devices have been used; the number of occasions in each year when the Garda has called on the assistance of the Army ordinance unit to deal with such devices; the number of prosecutions initiated as a result of the discovery of such devices; his views on the increased use of such devices by criminal elements; the steps being taken to curb the use of such devices, particularly having regard to the danger they pose to the public; and if he will make a statement on the matter. [14269/09]

I wish to inform the Deputy that the most recent figures available are as set out in my reply to Parliamentary Question No. 96 of 25 February 2009.

The Garda Authorities are currently collating the up to date information and I will communicate it to the Deputy when it is to hand.

Proposed Legislation.

Shane McEntee

Question:

97 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform the progress that has been made in respect of the introduction of a DNA database here; and if he will make a statement on the matter. [14389/09]

The Criminal Justice (Forensic Sampling and Evidence) Bill is on the A list of the Government's Legislation Programme for this session. The Bill will provide for the establishment of a comprehensive DNA database to aid criminal investigations and the identification of missing and deceased persons. The database will not only provide An Garda Síochána with an enhanced intelligence resource, it will also lead to greater efficiency in the use of Garda time and resources.

The timetable for publication has been affected somewhat by the need to consider and take account of the implications of the judgment of the European Court of Human Rights in the case of S and Marper v the United Kingdom. In that case the Court held that the arrangements in the United Kingdom for the indefinite retention of DNA material and fingerprints taken from suspects who were not subsequently convicted were a disproportionate and unjustified interference with their right to privacy. I am informed by my officials that drafting of the Bill is progressing very well.

Community Policing.

Jack Wall

Question:

98 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if he has received from the Garda Commissioner the report of the working group developing proposals for a comprehensive model of rural and urban community policing; and if he will make a statement on the matter. [14274/09]

The Commissioner recently launched a new National Model of Community Policing for An Garda Síochána. This new model will build on the success of existing good community policing practice and I look forward to the implementation of this plan. A National Community Policing Office will be established within Garda Community Relations Section and it is intended that every District Officer throughout the country will take ownership of community policing within their area of responsibility.

A copy of the Garda National Model of Community Policing can be found on the Garda Website at www.garda.ie.

Question No. 99 answered with Question No. 72.

Garda Ombudsman Commission Report.

Joanna Tuffy

Question:

100 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the steps taken in respect of the report of the Garda Síochána Ombudsman Commission following the death of a person (details supplied) and in particular the recommendations in the report that require action by the Garda Síochána or the Garda Commissioner; and if he will make a statement on the matter. [14265/09]

The report and recommendations referred to relate to the alleged leaking of official material from Garda sources to the media relating to a deceased person. The full text of the Ombudsman Commission's report in relation to this matter is available on its website.

The report recommends to the Garda Commissioner that supervisory ranks of An Garda Síochána should regularly monitor the use of PULSE to ensure that members adhere to their legal and disciplinary obligations with regard to its proper use. The Ombudsman Commission also recommends that suitable measures be put in place by the Garda authorities to ensure audit trails of the usage of PULSE and any other official information systems can always be accurate and verifiable.

With regard to PULSE, An Garda Síochána have detailed procedures and instructions in place on the operation of the PULSE system. The PULSE system incorporates an accurate audit system which records all record creations and updates made on the system. The audit record includes the date and time when the update on the system took place and contains details of the user signed onto the system at that time. Audit-trails also record all inquires made on the core items of interest on the PULSE system including Person and Vehicle. Audit records are written at the time the associated transaction took place. These audit records can only be accessed centrally and are not available or visible to the users.

In response to the report, a review to consider the matters raised and identify options for enhanced usage of the PULSE Audit data in respect of the monitoring of data access has been conducted by the Gardaí. Specific proposals in this regard have been formulated and are presently under consideration by senior Garda management. Under these proposals an ‘Exception activity level report' and related business process has been advanced which will highlight to Garda Management specific PULSE records which are subject to a high level of data access activity occurring within a defined period. This new functionality will be included in the next major release of PULSE.

Prison Building Programme.

Mary Upton

Question:

101 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he is satisfied regarding the capacity of the preferred bidder to deliver the Thornton Hall prison project; the progress made on the project since the enactment of the Prison Development (Confirmation of Regulations) Act 2008; the estimated date for the commencement and the completion of the project; the estimated cost of the project, including the cost of acquiring the site; and if he will make a statement on the matter. [14273/09]

Caoimhghín Ó Caoláin

Question:

126 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the status of the superprison project at Thornton Hall. [14194/09]

I propose to take Questions Nos. 101 and 126 together.

The Thornton Hall Prison development is not a superprison. It is a complex Public Private Partnership project which involves the construction of more than 30 buildings, including 8 prison facilities on the site, a major internal road network, extensive perimeter security and a vast array of security systems over a range of security and regime operational models.

I am advised by the Irish Prison Service that negotiations with the preferred bidder are currently at an advanced stage. These negotiations are focussed on progressing financial, technical and legal aspects of the project. They encapsulate the continuation of the design development and negotiations to enable the Irish Prison Service to contract with the PPP Company and commence construction of the prison facilities. While, as stated, negotiations on the contract are at an advanced stage they have not, however, reached the point that the Project Agreement can be signed. Construction will commence after contract award and should take no more than 3 years. This timeframe is subject, of course, to the successful completion of the contract negotiations. I can say, however, that if the current contract negotiations are not successfully concluded there are other options which can still be considered.

Pressures on the international financial markets have the potential to impact on all major capital projects, including the Thornton Hall PPP project. It is the responsibility of the commercial consortium, under the PPP process, to arrange the funding and other resources to deliver the project. The Irish Prison Service is being advised by the National Development Finance Agency in relation to trends and developments in this area.

The cost of the acquisition of the site for the prison development was €29.9 million. The cost of the site was largely offset by the sale of the prison lands at Shanganagh, County Dublin. An additional 8.7 acres has also been acquired to provide a dedicated access road to the main prison site. This was done following representations from the local community which reflected concern in relation to the effect of increased traffic generated by the prison development. The cost of the additional land was €1.3 million.

A total of €10.3 million has been expended to end March 2009 on professional fees and preliminary site works including surveys, landscaping, security, site preparation and maintenance of the property. As is the case in all major infrastructural projects, comprehensive geological, engineering and archaeological surveys were conducted at the site.

Pre-nuptial Agreements.

Alan Shatter

Question:

102 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform his views on the matter of pre-nuptial agreements; and if he will make a statement on the matter. [14413/09]

The Study Group on Pre-Nuptial agreements examined pre-nuptial agreements having regard to the provisions in the Constitution on the protection of marriage and the requirement that proper provision be made for parties to divorce proceedings.

The Group's core recommendation is that both the Family Law Act 1995 and Family Law (Divorce) Act 1996 be amended to provide that the courts be required to have regard to existing pre-nuptial agreements when making ancillary relief orders in judicial separation and divorce proceedings. The Group's recommendations are being considered for inclusion in the Family Law Bill referred to in the Government's Legislation Programme announced on 22 April 2009.

Garda Strength.

Kathleen Lynch

Question:

103 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform his views on the claims made at the recent conference (details supplied) that cutbacks in the Garda force were hampering garda response to calls for help from the public. [15588/09]

There has been a very considerable increase in Garda resources in recent years, with the number of attested members rising from 10,968 at the end of 1997 to 11,895 at the end of 2002, to 13,755 at the end of 2007 and to 14,371 in the most recent figures. Even in this year of budgetary constraints, some 900 student gardaí will become attested which, taking into account projected retirements, will further increase the strength of the Force to 14,900 by the end of this year.

The number of civilian support staff, expressed as a whole time equivalent figure, has also increased in recent years from 1,688 at the end of 2007 to 2,133 in the most recent figures.

The budget for overtime in the Garda Síochána for 2009 has been reduced from a record provision in 2008, but is still a substantial €80 million, which includes an increase in the allocation for Operation Anvil from €20 million to €21 million.

These significant increases in Garda resources mean that the Force is well-placed to absorb the impact of budgetary constraints and to continue to provide a top-class policing service.

Garda Operations.

Eamon Gilmore

Question:

104 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the information available to the Garda authorities regarding the extent of the threat posed by so-called dissident republican paramilitary groups; and if he will make a statement on the matter. [14250/09]

The Deputy will understand that it would neither be helpful nor wise for me to comment on the specific details of Garda activities to combat the threat posed by paramilitary groups. The House can be assured, however, that the threat arising from the activities of these groups is kept under constant review by the Garda Síochána. Priority is given by the gardaí to intelligence-led operations targeting these groups commensurate with the threat posed. These operations involve the strategic deployment of local and specialised resources as required. Close co-operation exists at all levels between the Garda Síochána and its counterparts in Northern Ireland in the context of countering and investigating the activities of groups which pose a security threat.

Appointments to State Boards.

Jack Wall

Question:

105 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position in regard to the appointment of a new chief executive for the Equality Authority; when he expects an appointment to be made; and if he will make a statement on the matter. [14242/09]

The recruitment of a new CEO for the Authority is going ahead under the auspices of a public competition being organised by the Public Appointments Service. I am advised that there is a very considerable level of interest in the post and therefore it could be some time yet before a candidate is selected for appointment, by the Equality Authority, under the normal statutory procedures.

Prison Accommodation.

Arthur Morgan

Question:

106 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the way he will respond to the latest visiting committee report on Mountjoy Prison, Dublin, which reportedly found that overcrowding is so bad that conditions are degrading, rival gang members cannot be segregated and drugs and mobile phones continue to be smuggled in; and if he will make a statement on the matter. [14195/09]

I wish to advise the Deputy that my Department has received the report from the Mountjoy Prison Visiting Committee for the year 2008. That report has been translated in accordance with the provisions of the Official Languages Act, 2003 and I am arranging to have it published as soon as possible.

I wish to advise the Deputy that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months, where we have seen dramatic increases in the number of sentenced prisoners and a trend towards longer sentences. What is clear is that there is a trend of increased committals from the courts. Figures show, over the past 12 months, the number in custody in Mountjoy has increased by 15%.

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts. I acknowledge that our prisons are operating in excess of their bed capacity at this time. Equally it is also clear that the continuation of the current capital programme is necessary if overcrowding is not to become a problem going forward.

Since 1997 in excess of 1,300 prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick Prison.

However, given the serious pressure that the Prison Service has been experiencing during the last 12-18 months, in 2008 it became necessary to introduce additional contingency accommodation through the doubling up of cells in Mountjoy, Wheatfield, Cloverhill, Midlands and Arbour Hill Prisons and in the Training Unit. This provided 180 temporary bed spaces. In addition, in 2008, 70 new prison spaces were introduced at Shelton Abbey and Loughan House Open Centres.

As the pressure shows no sign of abating the Irish Prison Service recently decided to increase their capacities through the doubling up of further cells, thus creating 200 additional temporary bed spaces which will come on stream shortly.

Furthermore, building projects in Castlerea, Wheatfield and Portlaoise Prisons are due to be completed in the coming months. This will create an additional 400 extra spaces which will temporarily alleviate the situation pending the construction of new prisons at Thornton Hall, Co. Dublin and Kilworth, Co. Cork.

I am fully conscious of the Irish Prison Service's responsibility to provide safe and secure custody for those placed into custody. This is one of the main reasons for the introduction of recent security initiatives to combat contraband items being trafficked into prisons, one of the major challenges facing prisons worldwide. These include:

airport style security screening using x-ray machines and scanning equipment,

the establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence and targeting specific security problem areas,

the establishment of a Drug Detection Dog Unit within the Irish Prison Service,

the installation of mobile phone blocking technology, and

the segregation of a number of serious drug and criminal gang members in a high security unit in Cloverhill Prison.

Airport style scanners and x-ray machines are now in operation at the entrances to all the relevant closed prisons. Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. No visitors are permitted to enter prisons while in possession of a mobile phone.

I can also advise the Deputy that prison management, in order to ensure the safety of prisoners, immediately separate prisoners seeking protection from the general prison population or from specific prisoners identified as presenting a threat. It is at the committal stage that the majority of prisoners seek protection. External influences imported to the prison on committal include gang rivalry, drug debts and perceived cooperation with the Gardaí. On committal, all prisoners are interviewed by the Governor and based on the information available, a decision is made as to where a particular prisoner will be accommodated.

Garda Investigations.

Róisín Shortall

Question:

107 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the basis on which the gardaí became involved in an investigation into the unauthorised hanging of caricatures of An Taoiseach in two Dublin art galleries; if a formal complaint was made to the gardaí; if so, the person by whom it was made; the basis on which a member of the gardaí visited a national radio station and sought details of e-mails; if the Garda investigation has been concluded; his views on whether this is the most effective use of Garda time and resources; if a file has been sent to the Director of Public Prosecutions; and if he will make a statement on the matter. [14247/09]

The Deputy will appreciate that I have no role in relation to the investigation or prosecution of cases.

I am informed by the Garda authorities that on 7 March, 2009 a complaint was received from the National Gallery of Ireland by An Garda Síochána at Pearse Street in respect of an incident. In the course of the investigation into this incident, a second incident was reported to An Garda Síochána by the Royal Hibernian Academy.

I am further informed that an investigation file is being prepared for submission to the Law Officers and it would, of course, be a matter for the Director to decide whether further action is warranted.

In the circumstances, the Deputy will appreciate that it would be inappropriate for me to make any further comment.

Garda Equipment.

Thomas P. Broughan

Question:

108 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the position regarding the national speed camera programme; when the national speed camera programme will commence; the reason for the ongoing delays with the roll out; the amount of funding he has allocated to the speed camera programme for 2009, 2010 and 2011; and if he will make a statement on the matter. [13689/09]

In accordance with EU Directives, national public procurement procedures and relevant legislation, An Garda Síochána engaged in a procurement process for the provision and operation of safety cameras. As a result, a preferred supplier has been selected, allowing for the contract discussion phase of the procurement process to proceed.

Following the supplementary budget submitted by the Minister for Finance to the Dáil on 7 April, the detailed allocations to Departments are currently being finalised. Against this background discussions are taking place between my Department, the Departments of Transport and Finance and An Garda Síochána with a view to making every effort to proceed with this project as speedily as possible. Until contract discussions are concluded, it is not possible to indicate a specific timescale for the project.

Programmes for Government.

Jan O'Sullivan

Question:

109 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the progress made to date with regard to implementation of the sections of the programme for Government under the headings community payback, parental responsibility and anti-social behaviour; and if he will make a statement on the matter. [14260/09]

The information on the progress made to date with regard to the implementation of those sections of the Programme for Government referred to by the Deputy is published on the website of the Department of the Taoiseach. It can be accessed at www.taoiseach.gov.ie under Publications (archive 2008). The information will be updated later this year.

Question No. 110 answered with Question No. 72.

Garda Investigations.

Michael D. Higgins

Question:

111 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the discussions he has had with the financial institutions to prevent so-called tiger robberies; if new security measures have been agreed to ensure the safety of staff and the security of money; and if he will make a statement on the matter. [14249/09]

Eamon Gilmore

Question:

133 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the stage of the garda investigation into the robbery of €7.6 million from a bank (details supplied) on 27 February 2009 in a so-called tiger robbery; the amount of the money recovered to date; and if he will make a statement on the matter. [14248/09]

Finian McGrath

Question:

474 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [15725/09]

I propose to take Questions Nos. 111, 133 and 474 together.

I am informed by the Garda Commissioner that the incident to which the Deputies refer remains the subject of an active and ongoing investigation.

Shortly after the incident a number of persons were arrested. Charges have been preferred against two of those arrested, and these individuals are currently before the Courts. A sum of money relating to these charges was also recovered, but, in the circumstances, it would not be appropriate for me to go into any further details about the matter. The investigation is continuing with a number of lines of enquiry being pursued by the Investigation Team and an Investigation File is being prepared which will be submitted to the DPP in due course.

As I stated in the immediate aftermath of this robbery, I spoke to the Chief Executive of the institution and expressed my concern that such a large sum of money could be removed from the bank in this manner. Several meetings have also taken place between An Garda Síochána and representatives from the financial institutions to discuss issues relating to their security arrangements, including the issue of so-called ‘tiger' kidnappings. There are agreed response procedures, which are detailed and all-encompassing, between An Garda Síochána and the financial institutions to deal with situations where members of staff or their families are taken hostage in order to facilitate robberies of such institutions. An Garda Síochána does not, for obvious security reasons, disclose information relating to such procedures and protocols.

I know that the members of this House will agree with me when I say that it is vitally important that financial institutions follow the robust procedures and protocols that are in place to prevent robberies. These are there, first and foremost, to protect employees. It is important to recognise that it is only by rendering so-called ‘tiger' kidnappings unsuccessful that we will stop them happening, and thereby protect innocent employees from being caught up in them in the future.

Question No. 112 answered with Question No. 91.

Garda Deployment.

Sean Sherlock

Question:

113 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if, in view of the need for the deployment of the maximum possible number of trained gardaí in the battle against criminal gangs, he will undertake a review of the use of trained detectives as drivers for Ministers and other designated persons and the possible filling of at least some of these posts by civilian drivers; and if he will make a statement on the matter. [15587/09]

The allocation of duties among members of the Garda Síochána, including security and protection duties, is a matter for the Garda Commissioner, who has made clear the priority he attaches to front-line operational policing through measures such as Operation Anvil and the recent establishment of the Organised Crime Unit.

There has been a very considerable increase in Garda resources in recent years, with the number of attested members rising from 10,968 at the end of 1997 to 11,895 at the end of 2002, to 13,755 at the end of 2007 and to 14,371 in the most recent figures. Even in this year of budgetary constraints, some 900 student Gardai will become attested which, taking into account projected retirements, will further increase the strength of the Force to 14,900 by the end of this year.

The number of civilian support staff, expressed as a whole time equivalent figure, has also increased in recent years from 1,688 at the end of 2007 to 2,133 in the most recent figures.

This significant increase in resources have considerably enhanced the capacity of the Garda Síochána to combat organised crime.

Question No. 114 answered with Question No. 91.

EU Directives.

Willie Penrose

Question:

115 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of EU directives for which his Department has responsibility remaining to be implemented; the directives that are overdue; and if he will make a statement on the matter. [14262/09]

My Department has responsibility for seven EU Directives which have to be implemented. Four of these Directives are overdue. They are: Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.

Irish law and practice in this area is already substantially in compliance with the terms of this Directive. The Immigration, Residence and Protection Bill 2008 contains provisions to restate the law on refugee and other protection procedures with some amendments. These restatements are in compliance with Ireland's obligations under the Directive. Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.

Part of the Directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. The remainder is to be transposed by means of primary legislation. The necessary legislation is being prepared as a matter of urgency and I expect to be in a position to publish the legislation in the near future. Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing; and Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis.

The necessary legislation to implement these two Directives is currently being drafted and is being given the highest priority. I expect to be in a position to publish the legislation in the first half of this year.

Three recent Directives remain to be implemented. They are not overdue. They are: Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons; Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles; Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

David Stanton

Question:

116 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 932 of 2 April 2008, his views on changing the summer time arrangements; and if he will make a statement on the matter. [14317/09]

I can inform the Deputy that my Department, in accordance with EU Directive 2000/84/EC, compiled and communicated submissions in respect of this issue to the European Commission from a number of relevant Departments and semi-state bodies in July 2007.

Following consideration of the information made available to it from Member States, the European Commission reported that it took the view that the analysis set out in the proposal for the Directive remained valid and that no member state had expressed a wish to abandon summer time or change the provisions of the current Directive.

Accordingly, I can advise the Deputy that there are no plans to change the present summer time arrangements.

Departmental Reports.

Emmet Stagg

Question:

117 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the progress made to date with regard to the implementation of the recommendations of the report of the commission of investigation into the case of a person (details supplied). [14270/09]

I refer the Deputy to my response to Parliamentary Question No. 54 of 25 February 2009. The position remains unchanged.

Departmental Agencies.

Joe Costello

Question:

118 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when the value for money audit on the Equality Authority carried out by consultants (details supplied) at his behest in 2008 will be published in view of the fact that its terms of reference was to analyse what has been achieved by the provision of public funding to the Equality Authority and to determine if the Equality Authority is meeting his Department’s current and future requirements in an economic and effective manner; and if he will make a statement on the matter. [14243/09]

As indicated in my reply to Question No. 131 of 25 March 2009, the Value for Money review of the Equality Authority has not yet concluded. This, however, is expected to be finalised in the near future. The decision on publication of the report will be taken in due course.

Garda Operations.

Ciaran Lynch

Question:

119 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if the gardaí have received a request for additional assistance from the Police Service of Northern Ireland following the recent murders of two British soldiers and a member of the PSNI in Northern Ireland; and if he will make a statement on the matter. [14251/09]

I share the horror expressed by all sides of the House in response to last month's murders in Northern Ireland. The groups responsible for these heinous crimes represent no-one but themselves. Their actions show nothing but contempt for the will of the Irish people.

Having said that, the Deputy will understand that it would neither be helpful nor wise for me to comment on the specific details of Garda activities to combat the threat posed by paramilitary groups. It is the case, however, that close co-operation exists at all levels between the Garda Síochána and its counterparts in Northern Ireland in the context of countering and investigating the activities of these so-called dissident groups. The House can be assured that every support will continue to be given to the Garda Síochána in its efforts to defeat these groups.

Garda Strength.

Joanna Tuffy

Question:

120 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the strength of the Garda Síochána at the latest date for which figures are available broken down by full members, those who have attested but not concluded their training, those in training, the expected number who will be recruited during 2009, the anticipated number at each category at the end of 2009, the number of members of the force who are expected to retire during 2009 and the number who will be recruited in the first half of 2009; and if he will make a statement on the matter. [14266/09]

Mary O'Rourke

Question:

476 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform the numbers in the Garda Síochána, both those who are fully trained and attached to various stations and those in training; the numbers that will be admitted into training in the months ahead; and if he will make a statement on the matter. [15731/09]

I propose to take Questions Nos. 120 and 476 together.

I have been informed by the Garda Commissioner that the personnel strength of attested members of An Garda Síochána on 28th February 2009, the latest date for which figures are readily available, was 14,371. The number of recruits in training (Phases 1 to 3) at that date was 1,043. The number of probationer gardaí who have been attested but have not yet graduated (ie not yet completed Phases 4 and 5) at that date was 825 and it is anticipated the majority of these probationers will complete their training in 2009. This figure is included in the overall strength of the Force as at 28 February 2009. It is expected that approximately 945 Gardai will complete Phase 3 of their training during 2009.

In relation to retirements, it is anticipated that approximately 400 members of An Garda Síochána will retire in 2009 which, coupled with the existing strength and future attestations, will result in an estimated attested strength in An Garda Síochána of over 14,900 on 31 December 2009.

100 Students were inducted into the College in February and it is anticipated that a further 100 will be inducted in early May.

Legislative Programme.

Joan Burton

Question:

121 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if he will update bankruptcy legislation to bring it into line with other jurisdictions; and if he will make a statement on the matter. [12297/09]

The Government Legislation Programme announced on 22 April 2009 does not provide for any proposals to amend the law on bankruptcy. However, operation of the law contained in the Bankruptcy Act 1988 continues to be reviewed in my Department.

Lucinda Creighton

Question:

122 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform if he will order the commencement of sections 108 to 110 of the Criminal Justice Act 2006 to introduce electronic tagging; and if he will make a statement on the matter. [14138/09]

Lucinda Creighton

Question:

127 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform if he will order the commencement of sections 11 to 13 of the Criminal Justice Act, 2007 to introduce electronic tagging; and if he will make a statement on the matter. [14139/09]

I propose to take Questions Nos. 122 and 127 together.

As the Deputy is aware, in January of this year I announced the establishment of a Project Board, led by the Probation Service, to examine specific possibilities as well as the implementation of electronic monitoring more generally, in this jurisdiction. The Project Board has commenced its examination which includes the cost and viability of introducing a pilot phase and I expect to receive their recommendations later this year.

The commencement of the provisions in the Criminal Justice Act, 2006 and 2007 mentioned by the Deputy will be informed by the recommendations of the Project Board.

In tandem with the work of the Project Board my Department will examine the legislative implications that may be necessary to supplement the existing enabling provisions in the Criminal Justice Acts of 2006 and 2007 should we proceed to introduce a pilot phase of electronic monitoring in this jurisdiction for a specific group or groups of convicted offender.

Official Engagements.

Denis Naughten

Question:

123 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will report on the visit of his Minister of State, Deputy Conor Lenihan, to Nigeria; and if he will make a statement on the matter. [14275/09]

The position with regard to the Minister of State's visit to Nigeria was set out in his reply to Question No. 289 on 31 March, 2009.

Question No. 124 answered with Question No. 91.
Question No. 125 answered with Question No. 92.
Question No. 126 answered with Question No. 101.
Question No. 127 answered with Question No. 122.

Asylum Applications.

Denis Naughten

Question:

128 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he will take to reduce the cost of current asylum applications; and if he will make a statement on the matter. [14276/09]

I attach a high level of priority to ensuring that asylum applications are dealt with fairly and as quickly as possible, so as to minimise the cost to the State. The costs associated with the asylum system are multi-faceted but centre mainly on accommodation, application processing and operational costs and costs associated with judicial reviews. Inter-related factors include the numbers in the asylum system; the length of time taken to process claims and the impact of delays as a result of non co-operation by applicants; the high level of judicial reviews and the apparent abuse of that process in many instances by applicants seeking to prolong their stay in the State.

The cost of accommodating asylum applicants accounts for the bulk of the expenditure on asylum by my Department. In this regard, the direct provision system is an efficient means of accommodating asylum seekers. If this system was not in place the cost to the State of accommodating asylum seekers would be higher.

Various efficiency and cost reduction measures continue to be implemented across INIS with a view to reducing the costs associated with asylum applications. On the application processing side, the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) keep processing times and scheduling arrangements under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation or decision, all of which impact on direct provision costs.

Particular emphasis is placed on maximising the number of asylum cases transferred to other European States for processing under the Dublin II Regulation and an increased focus on the return of failed applicants to their countries of origin through deportations and voluntary return.

There are also a range of other strategies in place aimed at tackling the various abuses of the asylum process and expediting the processing of asylum applications.

Other efficiency and cost reduction measures being pursued to reduce asylum costs include:

implementation of the Government decision dated the 3 February, 2009 in relation to achieving an 8% reduction in spending on professional fees;

engagement with contractors for asylum seeker accommodation to achieve an 8% reduction in RIA expenditure;

commencement of Government agreed Value for Money (VFM) Review of spending by RIA on asylum seeker accommodation;

implementation of strategies aimed at reducing asylum application numbers;

establishment of ORAC Presenting Panel and an on-line system of access to Tribunal decisions, both of which are intended to speed up appeal hearings and reduce backlogs in the RAT;

consolidating shared services related activities across INIS and redeploying resources to processing areas;

strategies aimed at reducing the delays and costs associated with Judicial Review proceedings, such as greater use of in-house training, expertise and precedents, resulting in less use of counsel; ongoing review of practices and procedures and quality-proofing of decisions.

Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protection Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself, for establishing a more effective and streamlined removal process and for tackling abuses which the asylum and immigration system have to contend with, including apparent abuses of the judicial review system. The Bill comprehensively reforms and simplifies the current asylum system through the introduction of a single procedure for the investigation of all grounds put forward by applicants for protection. It is envisaged that there will be significant reductions in processing times upon enactment of the Bill, which will significantly reduce the costs involved in the asylum process.

Garda Operations.

Martin Ferris

Question:

129 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the policy and practice reforms that have taken place in the area of garda handling of informers since the earliest related Morris report recommendations were made; and if he will make a statement on the matter. [14198/09]

I understand from the Garda Authorities that the current Code of Practice for the management and use of intelligence sources became organisational policy effective from April, 2006.

The Code of Practice brings together established best practice and the recommendations made by Mr. Justice Frederick Morris in the report from the Tribunal of Inquiry into the activities of certain gardaí in the Donegal Division.

It has been circulated to every member of An Garda Síochána and sets out the professional standards required to maintain the confidence of the public and the courts in the use of intelligence sources.

Proposed Legislation.

Jim O'Keeffe

Question:

130 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his proposals in relation to privacy legislation; if it is intended to proceed with such legislation; and the reasons thereof. [14319/09]

The Privacy Bill 2006, is before the Seanad, having been restored to the Seanad Order Paper in late 2007 by the Leader of the Seanad. My Department continues to review the provisions in the Bill taking into account developments in the interpretation of the law of privacy in our courts and elsewhere, with a view to possible amendments to the Bill.

Garda Stations.

Pat Rabbitte

Question:

131 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his plans for the provision of adequate Garda accommodation at Tallaght, Dublin 24; if the provision of the new Garda divisional headquarters has been postponed; and if he will make a statement on the matter. [14240/09]

I refer the Deputy to the response to Parliamentary Question No. 711 of 27 January 2009 which outlines both the immediate and longer term plans for the station which includes the provision of a Divisional Headquarters. I am advised by the Garda authorities that the short term office accommodation facilities are planned to be ready for occupation later this year.

Departmental Expenditure.

Caoimhghín Ó Caoláin

Question:

132 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that his Department and the Irish Prison Service awarded contracts worth €100 million to one construction company despite only one, €4.7 million, project going to tender; the steps he has taken in the past to prevent taxpayers money being wasted in the course of prison and other projects; and if he will make a statement on the matter. [14193/09]

The Accounting Officer and the Director General of the Irish Prison Service have briefed me in relation to all matters raised at the Public Accounts Committee hearing held in March. In relation to contracts awarded to a particular construction company as referred to by the Deputy, I understand that this issue is the subject of a review by the Public Accounts Committee so it would not be appropriate for me to comment specifically on the issues raised at this time.

The Irish Prison Service has taken several major steps in recent years in order to ensure that maximum value for money is achieved for all expenditure. In March 2007, a new professionally trained Central Procurement Unit was established within the Irish Prison Service, with the stated purpose of modernising the procurement function and introducing new policies and procedures to ensure that enhanced controls are exercised over the procurement process.

Following consultation with internal stakeholders, the Irish Prison Service Procurement Policy was issued by the Director General in September 2008. The Irish Prison Service Finance Directorate is engaged in an ongoing promotion and education process in relation to the Procurement Policy and related presentations have been made to staff at all levels within the organisation. The issue of procurement and, in particular, adherence to the Procurement Policy, is an ongoing item on the agenda for senior management meetings. During 2008, a number of key staff appointments were made to the Finance Directorate of the Irish Prison Service, including a Director with sole responsibility for Finance and Procurement.

The Irish Prison Service is committed to ensuring that procurement is carried out in an open and transparent manner in line with best practice with the overriding principle of achieving value for money.

Question No. 133 answered with Question No. 111.
Question No. 134 answered with Question No. 85.

Crime Levels.

Liz McManus

Question:

135 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform his views on the view expressed by the Garda Commissioner in an interview (details supplied) that Ireland is becoming a more violent place; the steps he plans to take to counter this trend; and if he will make a statement on the matter. [14256/09]

I have already made it clear that recent trends concerning gangland violence in particular are a matter of grave concern and that I am giving priority to a series of new legislative measures directed specifically at this problem in the Criminal Justice (Amendment) Bill.

The most recent crime statistics released by the CSO, in respect of 2008, show a number of encouraging trends. There was a decrease of 42.9% in the number of homicide offences, which includes a decrease of 36.4% in murder and of 57.1% in manslaughter. Aggravated sexual assault decreased by 33.3% and assault causing harm by 2.2%.

The Garda Policing Plan for 2009, which reflects the priorities set for the Force by me as Minister, contains a series of measures aimed at reducing the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in criminality. An Garda Síochána, in accordance with the priorities I have set, is committed to targeting violent crime and those who engage or facilitate persons involved in such activity. One of these operations is Operation Anvil, the primary focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Under the Operation, up to 22 March 2009, 2,469 firearms have been recovered throughout the country. There have also been over 7,500 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 72,000 searches for weapons, drugs and stolen goods.

At a time when the public finances are under pressure, I am determined that top priority will continue to be given to frontline policing. Funding for Operation Anvil will increase in 2009 from €20 million to €21 million to enable it to continue with targeted disruption of serious and organised criminal activity. Other key operations will be maintained through 2009, and any savings that have to be made will not be allowed to diminish frontline policing.

The adequacy of our legislative provisions is kept under review and strengthened where necessary. I have consequently recently published the Criminal Justice (Surveillance) Bill, which is ground breaking legislation providing for the first time a legal framework to allow covert surveillance material to be used in trials for serious crimes with appropriate safeguards.

Since my appointment as Minister, I have expressed concern at the number of handguns which have been licensed here in recent years. Some time ago, I directed my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following that review, I have brought forward proposals. While a de facto ban on new handgun licences is already in place, my proposals will also be given legislative form in the Criminal Justice (Miscellaneous Provisions) Bill.

Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. I have accepted these proposals and the forthcoming Criminal Justice (Miscellaneous Provisions) Bill will take account of them.

On 5 February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Síochána with the objective of informing and educating young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime. In addition to these measures, I have directed the drafting of a new Firearms and Offensive Weapons Order which will deal with the issue of swords. In particular I will be banning the sale of samurai swords.

Question No. 136 answered with Question No. 73.

Drug Seizures.

Thomas P. Broughan

Question:

137 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the quantity and value of seizures of heroin, cocaine, cannabis and other drugs here during 2007, 2008 and to date in 2009; the proportion of the overall flow of drugs into Ireland believed to be represented by these seizures; the new initiatives he is planning to control the flow of illegal drugs into the country; and if he will make a statement on the matter. [14241/09]

I am setting out in a tabular statement giving the latest available information in relation to drug seizures for 2007, 2008 and this year to date.

This statement shows seizures of a total value of over €168m being made in 2007 and just under €200m in 2008. Because of the covert nature of the activity, it is simply not possible to give a reliable estimate of the proportion of drugs coming into the country that these figures represent.

While it is true that some international studies attempt to estimate the proportion of overall drugs seized to production, this is not a reliable guide to the situation in any particular country. In particular, such figures cannot reflect increased enforcement levels in a country. Through ongoing specific initiatives and intelligence-led operations, An Garda Síochána continues to seize substantial quantities of illegal drugs and identify those involved in the importation, distribution, sale and supply of illegal drugs.

An Garda Síochána is satisfied that, in addition to the considerable volume of drugs seized in the last two years and again this year to date, there has been a significant impact on drug-trafficking by the arrest and prosecution of a number of major players involved and the activities of a number of crime gangs have been disrupted, resulting in a number of crime groupings being dismantled.

In addition to the officers of the Force specifically assigned to the drugs issue who are attached to the Garda National Drugs Unit and the Divisional Drug Units, officers from the National Bureau of Criminal Investigation, the Organised Crime Unit and the Criminal Assets Bureau all assist in our overall law enforcement response to drug trafficking and drug dealing. In addition, the Garda work closely with Customs and the Naval Service under the umbrella of the Joint Task Force on Drugs as well as with their international colleagues in tackling the problem.

Among recent and ongoing initiatives are the establishment of the Organised Crime Unit on a permanent footing, our involvement in the establishment and operation of the Maritime Analysis and Operations Centre in Lisbon, strengthened provisions in the Criminal Justice Acts 2006 and 2007 and the ringfencing of €21million this year for Operation Anvil.

I am confident that the legislation that I have introduced dealing with surveillance will be of particular value in tackling drugs gangs. I am sure all Members of the House will accept fully that we cannot tackle the problem of drug misuse through law enforcement measures alone. We need to tackle the demand for drugs and, in this context, I can assure the House that my Department, and all the agencies under its aegis, are co-operating fully in the development of the new National Drugs Strategy for the period 2009 to 2016 which is being drawn up under the aegis of the Department of Community, Rural and Gaeltacht Affairs.

Appendix 1

Drug seizure data

The following table provides details of the quantities and estimated street value of the most significant drugs analysed by the Forensic Science Laboratory for 2007, 2008 and the provisional figures for 2009 (up to 1st April 2009)

2009*

Drug Type

Quantity

Estimated Street Value

Cannabis**

85,348.593 grams

1,024,183

Cannabis Resin

339,745.786 grams

2,378,221

Heroin

27,708.85 grams

5,541,770

Cocaine

12.322 kgs

862,540

Ecstasy

12,118 tablets & 139.762 grams

128,168

Amphetamine

10,210.565 grams

153,158

Total Value

10,088,040

**Cannabis now valued at €12 per gram.

2008*:

Drug Type

Quantity

Estimated Street Value

Cannabis

947,849.73 grams

1,895,699

Cannabis Resin

5,276,728.611 grams

36,937,100

Heroin

209,605.430 grams

41,921,086

Cocaine

1,681.693 kgs

117,718,510

Ecstasy

100,635 tablets & 1.144 kgs

1,063,550

Amphetamine

8,217.052 grams & 946 tablets

137,446

Total Value

199,673,391

2007*

Drug Type

Quantity

Estimated Street Value

Cannabis

774.029 kgs

1,548,058

Cannabis Resin

1,279.149 kgs

8,954,043

Heroin

148.369 kgs

29,673,800

Cocaine

1,763.725 kgs

123,460,750

Ecstasy

279,017 tablets, 13.381 kgs

3,459,220

Amphetamine

58.223 kgs, 10,471 tablets

1,030,410

Total Value

168,126,281

*Statistics provided are operational, provisional and may change.

Garda Operations.

Martin Ferris

Question:

138 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the implications for the management of policing projects such as the new community policing model and major operations such as those into the Crumlin-Drimnagh and Limerick gangland feuds and so on, of the recently introduced pension levy, cuts to overtime, recruitment and promotions embargo; and if he will make a statement on the matter. [14197/09]

I am informed by the Commissioner that the introduction of the recent levy as a result of the Financial Emergency Measures in the Public Interest Act does not impact on any policing operations of An Garda Síochána and also that the maximum amount of policing resources have been allocated to front line policing and that overtime budgets are primarily focused on intelligence led, time limited operations.

In this regard the Deputy should be aware that despite pressure on resources, funding for Operation Anvil has increased in 2009 from €20 million to €21 million. In addition to this the personnel strength of An Garda Síochána is expected to reach approximately 14,900 by the end of this year.

The Commissioner has committed to the introduction of community policing in all 112 districts in the country. For some districts this will be a new initiative while for others a re-invigoration of the existing community policing structure will be required. The roll out is supported by a robust Implementation Plan developed by the Community Policing Implementation Team at Garda Community Relations Division. A comprehensive Strategic ‘Action Plan' has been developed for the successful implementation of the Garda Síochána National Model of Community Policing.

Intelligence-led operations are used to target organised crime groups by utilising specialist units including the Criminal Assets Bureau, the Organised Crime Unit and the National Bureau of Criminal Investigation. Targeted intelligence-led operations such as Operation Anvil continue to result in significant seizures of firearms and property related to criminal activity and have led to the arrests and prosecutions of those involved.

Juvenile Offenders.

David Stanton

Question:

139 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 79 of 25 February 2009, if the report on the analysis of Garda youth diversion projects has been completed; if he has published same; and if he will make a statement on the matter. [14318/09]

I wish to inform the Deputy that the Irish Youth Justice Service report on the baseline analysis of the Garda Youth Diversion Projects has been completed. The report is currently being examined by my officials. I expect it to be ready for publication shortly.

Departmental Reports.

Michael D. Higgins

Question:

140 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the actions he has taken in response to the Coulter report on the operation of the family courts; and if he will make a statement on the matter. [15584/09]

The Report of the Family Law Reporting Pilot Project sums up the work of the one-year pilot project, undertaken by Dr Carol Coulter for the Courts Service. This initiative was permitted by a change in the law on the in camerarule in family law. Dr Coulter was engaged to carry out the reporting of family law on a pilot basis.

Following the publication of the final report, the Courts Service Board established a Special Committee to oversee the Family Law Reporting Project for a further year and to consider the recommendations made with a view to making proposals for their implementation. I understand that the Committee is preparing a report for consideration by the Court Service Board.

Trafficking in Human Beings.

Pat Breen

Question:

141 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the measures that are being put in place at EU level to deal with the trafficking of human beings; and if he will make a statement on the matter. [15857/09]

On 25 March, 2009 the European Commission published a Proposal for a Framework Decision on Preventing and Combating Trafficking in Human Beings and Protecting Victims repealing a Framework Decision agreed in 2002 on combating trafficking in human beings. The primary purpose of this Proposal is to repeal and re-enact the 2002 Framework Decision with additional criminal law provisions to bring them in line with other international instruments. The proposal also contains additional non-legislative provisions. The new elements primarily deal with victim support, prevention, investigation, prosecution and monitoring.

The question of establishing an informal EU Network of National Rapporteurs or equivalent mechanisms on trafficking in human beings is also being considered at present. Information regarding immigration related criminality is collated, analysed and disseminated by the Garda National Immigration Bureau (GNIB), including such information and intelligence received, on a regular basis, through the Europol and Interpol National Units, based at Garda Headquarters. In particular, personnel from the GNIB assist in investigations relating to the suspected trafficking and smuggling of persons, initiated in other jurisdictions, where it is suspected either the suspect(s) or victim(s) have entered this State.

Members of the Garda Síochána, in particular personnel attached to the National Support Services attend courses organised by CEPOL (the European Police College) concerning trafficking in human beings which are targeted at:

(i) senior police officers who are responsible for prosecution services and/or counter trafficking cases,

(ii) members of lecturing staff in police training and development units and

(iii) heads of police forces who deal with questions of human trafficking.

The next training course is due to take place in Lithuania in May 2009.

Ireland attends the Europol Expert meeting on trafficking in human beings which takes place on an annual basis. This meeting allows Member States to share their experiences and provide operational case examples of trafficking in human Beings. Ireland is part of a number of Europol Analytical Work Files which provide both strategic and operational support. In this context a trafficking in human beings bulletin is circulated on a quarterly basis which is disseminated to members of the Garda Síochána. Other support provided to Ireland by Europol includes expert advice, intelligence reports, training and information exchange through the Europol Information System/Europol National Unit. Operational support can include operational analysis of investigations in Member States, coordination of investigations (e.g. organisation of meetings at Europol) and support from other Europol National Units, which in Ireland is based at Garda Headquarters in the Phoenix Park.

Council of Europe.

Joe Costello

Question:

142 Deputy Joe Costello asked the Taoiseach the way he proposes to mark the 60th anniversary of the Council of Europe; and if he will make a statement on the matter. [15167/09]

As a founding member, Ireland attaches particular importance to the Council of Europe and its institutions. For that reason, my colleague the Minister for Foreign Affairs, Deputy Micheál Martin, has accepted an invitation from the Chairman of the Committee of Ministers of the Council of Europe, Foreign Minister Moratinos of Spain, to attend a specially convened meeting of the Committee of Ministers in Madrid on 12 May 2009, which is intended to mark the 60th anniversary.

Departmental Staff.

Paul Kehoe

Question:

143 Deputy Paul Kehoe asked the Taoiseach the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15677/09]

The information requested by the Deputy is outlined in the following table. For reasons of confidentiality and taking into account the provisions of Data Protection legislation, it would not be appropriate to reveal information on staff who have been on uncertified sick days and who were sent for independent doctors' opinions; mine is a small Department and such disclosure could inadvertently identify individual staff.

Year

Number of Employees: who have taken Uncertified Sick Leave

Uncertified Sick Days: 1 to 10 Days

Uncertified Sick Days: Over 10 Days

Number of Fridays: taken as Uncertified Sick Leave

Number of Mondays: taken as Uncertified Sick Leave

2007

85

170.5 days

None

21

53

2008

72

158.5 days

None

20

36

January to 20 April 2009

28

50.5 days

None

10

4

Official Engagements.

Terence Flanagan

Question:

144 Deputy Terence Flanagan asked the Taoiseach if he has plans to invite the Australian Prime Minister Mr. Kevin Rudd to Ireland before the end of 2009 to strengthen ties between Australia and Ireland; and if he will make a statement on the matter. [15693/09]

I have no plans to invite Prime Minister Rudd to Ireland in 2009 nor have I any knowledge of his seeking to travel here this year. Prime Minister Rudd would of course be most welcome to visit Ireland should a visit be proposed.

Health and Safety Regulations.

Finian McGrath

Question:

145 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the responsibility she has if the conditions of legislation as set out in the Mines and Quarries Act 1965 were not respected, that is, work of inspectors who were appointed to examine the mines to make sure they were fully ventilated and that dust was controlled; and if she will make a statement on the matter. [15842/09]

The primary responsibility for health and safety in private-sector workplaces does not rest with the State. It rests with those who control such workplaces and those who work in them.

The basic law governing health and safety at work is to be found in the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and Regulations made under it, including the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007). There is also a body of sector-specific legislation which applies to Mines namely the Mines and Quarries Act 1965 (No. 7 of 1965) and Regulations made under it as well as the Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 (S.I. No. 467 of 1997).

In line with a process concluded in 2007 in relation to the quarrying sector, which resulted in revised Regulations, proposals for the rationalisation of mining legislation are currently being developed by the Health and Safety Authority. Under the current health and safety legislation for the sector, it is the duty of the manager of a mine to take such steps as are necessary to facilitate below ground ventilation in the mine for the purposes of (i) diluting gases that are inflammable or noxious so as to render them harmless and removing them, and (ii) providing air containing a sufficiency of oxygen.

Due to the complex nature of mining operations and the potential for multiple fatalities from major incidents — such as from fire below ground, inrush and collapse — the Health and Safety Authority has specialist mining inspectors to carry out inspections at mines.

The Mines and Quarries Act 1965 provides that where a Health and Safety Authority inspector is of opinion that in the interests of the safety or health of the persons employed, it is necessary or expedient to improve the ventilation produced in any part of that mine that is required to be ventilated, the inspector may serve on the manager of the mine a notice requiring either that (i) ventilation which is produced in that part of the mine must conform to specified requirements, or (ii) works for the purpose of improving the ventilation in that part of the mine are put in place.

In excess of 1,500 inspections have been carried out by the Health and Safety Authority in the Mines and Quarries sector over the past three years. The total number of enforcement actions was 164, in addition to 555 written advices. Further details can be found in the Authority's Annual Reports which are public documents. As the number of quarries far exceeds the number of operational mines, of which there are four underground mines currently operating in Ireland, the number of specific mining inspections were 24 in the years 2006 and 2007.

FÁS Training Programmes.

Ruairí Quinn

Question:

146 Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount the 51,000 training places allocated to FÁS will cost; if these 51,000 places will be the result of reallocating existing resources already assigned to FÁS or if she has allocated new funds from the Exchequer; if these courses will be shorter than 12 months in duration; and if she will make a statement on the matter. [15118/09]

The cost of the 51,000 FÁS training places I announced on 5 February 2009, is €25.750 million, which has been reallocated from within the FÁS Training Services and Service to Business Divisions and is not the subject of a new allocation of funding from the Exchequer. As with all courses provided by the Training Services Division these courses will be shorter than 12 months in duration.

The aim of these additional places is to help the unemployed to develop new skills and competencies and assist them in securing employment as soon as possible. They will also lead to certification under the National Framework of Qualifications or other recognised certification frameworks.

In addition, in the supplementary budget I announced the creation of a further 18,525 training places for the unemployed at a cost of €61.4 million to bring the total number of training and work experience activation places funded by my Department to approximately 128,000.

Richard Bruton

Question:

147 Deputy Richard Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of training courses she estimates will be provided by FÁS in 2009 detailing the different training areas in which courses are provided; her estimate of the size of waiting lists and waiting times to get on courses across the different categories; and if she will make a statement on the matter. [15122/09]

FÁS, the National Training and Employment Authority, aims to offer a wide range of training courses and delivery methods to suit individual client needs in the development of their skill-sets. In 2009 the Authority estimates that they will be in a position to deliver 6,062 training courses under the Training Services, Community Services and Services to Business categories.

Courses will continue to be adapted to address a changing labour market and, in this respect, FÁS has enhanced the traditional course offerings of specific skills training (SST's) to now include Short Courses, Night Courses and Online Courses as well as Community Based courses. The suite of Short Courses recently developed and expanded by FÁS typically consist of a Preparing for Work Module, which includes Job Seeking and Interview Skills, and one or two technical modules. The Short Course Programme will be delivered through In-Centre Training and Contracted Training. The decision on which courses to offer in a Region will take place based on demand through a process of consultation between Training Services, Employment Services and Services to Business.

While waiting times vary considerably at individual course level a recent customer survey conducted on behalf of FÁS indicated that the average waiting time (between applying for a course and starting) in 2008 was 7.7 weeks compared with 9.7 weeks in 2007. The size of waiting lists across the different course categories very much depends on the course type, duration and capacity and location of the course. Short courses on average run every 4-9 weeks which reduces the wait list and increases capacity compared to a traditional course running over a 16 week period.

Courses, where FÁS is the prime recruiter, are broadly classified into 15 main categories and are shown in the following table for the Deputy's information.

Training Category

Office / Administration

Computer Hardware / Networks / Programming

Computer Applications

Construction Related

Engineering Related

Electronics / Industrial Servicing

Sales / Marketing

Transport / Warehousing / Distribution

Health / Beauty / Child Care / Welfare

Pre Employment / Job Clubs / Return to Work

Self Employment / Enterprise

Animal / Land / Marine

Sports / Leisure

Other

Uncategorized (Local Training, Community Training Centres etc)

Employment Rights.

Leo Varadkar

Question:

148 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the legislation which governs contract workers here; if she will introduce new legislation in this area; and if she will make a statement on the matter. [15181/09]

I presume the Deputy is referring to the position of persons with contracts for services i.e. the self-employed, under employment rights legislation.

The current body of employment rights legislation, which includes transposition of EU Directives into domestic law, applies to employees or persons with contracts of service and does not apply to persons with contracts for services i.e. self-employed. As this legislation provides for the rights of employees in relation to their employment with an employer, it would not make sense for it to apply to the self-employed as autonomous persons. The rationale for such legislation applying to employees or persons with contracts of service only is that employees could be vulnerable in their employment relationship with an employer. Accordingly, there would not be any logic in applying to the self-employed employment rights legislation such as the Unfair Dismissal Acts, the Carer's Leave Act or the Redundancy Payments Acts etc. In the circumstances there are no proposals to introduce legislation to apply employment rights legislation to persons with contracts for services.

Redundancy Payments.

Mary Upton

Question:

149 Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will ensure that employers are reimbursed the 60% rebate of statutory redundancy payments to which they are entitled within the timeframe set out on her Department website; and if she will make a statement on the matter. [15234/09]

The huge increase in the number of Redundancy Payment claims lodged with the Redundancy Payments Section of my Department in the latter part of 2008 and, to date in 2009 is unprecedented and is giving rise to delays in the processing of redundancy payments for individuals and companies within a reasonable timeframe. The scale of the challenge is evident from the statistics which indicate that, at the end of the first quarter of 2009, the number of new claims lodged with my Department was 19,742 which equates to almost 50% of the entire level of applications lodged for the whole of 2008 i.e. 40,607.

While measures are being taken to address the backlog of claims applications, including the allocation of additional staff resources to the area, the volume of work on hand is such that very significant slippage has occurred in the timeframes for processing redundancy claims as against the targets which the Department originally set itself. The Department's website at www.entemp.ie which is updated regularly, gives information on the month from which claims are being processed. Currently, the Redundancy Payments Section is finalising on-line rebate claims to employers received in November 2008 and manual claims for October 2008. Every effort is being made to deal with the backlog of claims and to improve the turnaround time for processing claims.

Semi-State Bodies.

Ulick Burke

Question:

150 Deputy Ulick Burke asked the Tánaiste and Minister for Enterprise, Trade and Employment the cost to Enterprise Ireland of their annual budget for 2007 and 2008 on conferences, fairs, board meetings, advertising and their overseas programmes; and if she will make a statement on the matter. [15271/09]

The Deputy will appreciate that I have no role or function in the day to day administration matters of Enterprise Ireland. My Department does, however, have responsibility for ensuring that corporate governance procedures, systems of internal financial control and reporting relationships are in place. Enterprise Ireland has confirmed to me that they operate in accordance with the Framework Code of Best Practice set out in the Code of Practice on the Governance of State Bodies. Each year the agency confirms in its annual report that they are in compliance with the Code. Additionally, I receive a separate report from the Chairperson affirming that they are in compliance with the Code.

The Financial Statements, audited by the Comptroller and Auditor General, are published annually and laid before the Houses of the Oireachtas in the Enterprise Ireland Annual Report. Expenditure in 2007 on Administration, Operation and Promotion are set out in the following table. The audited 2008 figures will be available and published in the Enterprise Ireland 2008 Annual Report in the near future.

Administration, Operation and Promotion 2007

€’000

Remuneration and Other Pay Costs

72,685

Library Services and Other Client Related Costs

1,445

Rents, Rates, Service Charges & Insurance

10,645

Travelling Expenses

6,772

Printing, Postage & Stationery

2,136

Communication & IT Costs

2,418

Repairs, Maintenance & Leasing Charges

1,209

Light, Heat & Cleaning

1,622

Board Members’ Emoluments

431

Professional Fees

4,626

Audit Fee

85

Tangible Fixed Assets Below Capitalisation Threshold

752

Other Operating Expenses

2,949

107,775

Company Closures.

Thomas P. Broughan

Question:

151 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress of discussions with prospective interested parties in relation to the future of the workforce of a company (details supplied); and if she will make a statement on the matter. [15327/09]

The Government is anxious that as many jobs as possible are secured at Dublin Airport. We would like to see the SR Technics Group do what it can to facilitate this, such as helping to promote the capabilities and skills available at the Dublin facility, agreeing to an orderly wind down of the facility to give IDA Ireland an opportunity to promote the location to interested parties, and maintaining assets and equipment at the site. I have conveyed these points, and the widespread concern in Ireland that every effort be made to maintain the maximum number of jobs at the facility at Dublin Airport, to SR Technics at Group level.

IDA Ireland and Enterprise Ireland have formed a project team to promote the operation through the IDA overseas network of offices and to meet with and assess expressions of interest in the operation.

There are a number of expressions of interest from different parties in acquiring at least elements of the business and both IDA Ireland and Enterprise Ireland are actively exploring options with interested parties. Time is needed to assess these proposals by IDA Ireland and Enterprise Ireland. Actual involvement by IDA Ireland or Enterprise Ireland in providing financial or other supports will be dependent on a company or companies submitting proposals for consideration and seeking approval for State support in the normal way.

The State agencies will continue to engage with all groups, indigenous and overseas, interested in building commercially viable and sustainable operations to secure as many of the jobs as possible at Dublin Airport.

FÁS Training Programmes.

Simon Coveney

Question:

152 Deputy Simon Coveney asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of people in Cork city and county who have received an offer of training from FÁS each month to date in 2009 under the national employment action plan; the number waiting in Cork City and County for an offer of this training; and if she will make a statement on the matter. [15410/09]

The National Employment Action Plan Preventive Strategy (NEAP) involves a systematic referral of certain cohorts of registered unemployed persons by the Department of Social and Family Affairs (DSFA) to FÁS for assistance.

Department of Social and Family Affairs NEAP (National Employment Action Plan) referrals to FÁS Employment Services, Cork, in the first three months of 2009 totalled approximately 1,800 clients, of which 900 expressed an interest in availing of training.

In the first quarter of 2009, 711 of NEAP clients received an offer of training. A breakdown of these is provided in the following table. The remaining 189 NEAP clients, primarily from guidance interviews in March 2009 are scheduled to receive offers of training over the next four weeks.

Month 2009

Full Time Training

Evening/Saturday Morning Courses (estimate)

Technical Employment Support Grant Funded Training

January

163

56

46

February

135

54

March

147

32

78

Total

445

88

178

Overall Total

711

Leo Varadkar

Question:

153 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the efforts she will make to ensure that apprentices at a company (details supplied) can finish their apprenticeships; and if she will make a statement on the matter. [15452/09]

A total of 60 apprentices will be affected by redundancy at the company referred to by the Deputy. This total includes 54 aircraft mechanics apprentices and six mechanical, automation and maintenance fitting (fitters) apprentices. The apprentices break down into three categories as outlined below:

Group 1 — 28 air craft mechanics apprentices at phase 3 of their apprenticeship

Group 2 — 26 air craft mechanics apprentices at phase 4 of their apprenticeship

Group 3 — 6 mechanical automation and maintenance fitting (fitters) apprentices at phase 3 of their apprenticeship FÁS has put in place appropriate measures to assist each of these groups in progressing their apprenticeships. These measures are outlined as follows.

Group 1: 28 air craft mechanics apprentices at phase 3

The 28 air craft mechanics apprentices at phase 3 who have been made redundant by the company in question have been scheduled to attend an additional phase 4 programme provided by DIT with the support of the HEA commencing on 20 April 2009.

Group 2: 26 air craft mechanics apprentices at phase 4

This group of apprentices completed their phase 4 off-the-job training on 20 February 2009. Their phase 5 on-the-job training commenced on 23 February, 2009 and is for a period of 52 weeks. The company in question have advised FÁS that this group will be made redundant on 17 April 2009.

It will be necessary for this group to complete phase 5 on-the-job training prior to the commencement of the phase 6 off-the-the-job training. This is due to the essential regulatory requirements for health and safety and the need for the apprentices to practice the skills developed at phase 4.

FÁS is currently engaging with other stakeholders in the Air Craft Maintenance sector in an effort to source on-the-job training for this group of Air Craft Mechanics. This group, on completion of phase 5 on-the-job, will be scheduled for their phase 6 off-the-job training in February 2010.

Group 3: 6 mechanical automation and maintenance fitting (fitters) apprentices at phase 3

This group of apprentices is expected to be called for phase 4 off-the-job training in either in September 2009 or January 2010 depending on capacity availability.

Job Losses.

Leo Varadkar

Question:

154 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide a breakdown of the number of apprentices who are unemployed or redundant by the type of apprenticeship which they do and the stage which they have reached; and if she will make a statement on the matter. [15453/09]

The current apprenticeship population is 24,774 of which 4,697 are redundant due to the reduction in employment in the economy.

FÁS has responded to the increase in the number of redundant apprentices by introducing a number of measures. Over 3,400 places have been provided, are currently being provided or have been put in place for future provision under these measures. FÁS with the support of the stakeholders in the apprenticeship system is providing opportunities for redundant apprentices within the capacity and resources available and the situation is been monitored on an ongoing basis.

A table showing the number of redundant apprentices by trade and phase is provided as follows.

Phase 1

Phase 2

Phase 3

Phase 4

Phase 5

Phase 6

Phase 7

Total

Cabinet Making

7

7

43

10

20

10

16

113

Wood Machinery

1

0

2

1

2

0

2

8

Print Media

0

0

0

0

4

0

0

4

Electronic Security Systems

2

0

4

0

0

0

0

6

Electrical

74

40

308

106

427

85

245

1,285

Electrical Instrumentation

0

0

0

1

1

0

0

2

Motor Mechanics

16

11

28

9

35

13

21

133

Agricultural Mechanics

2

0

3

2

1

0

0

8

Heavy Vehicle Mechanics

2

2

3

1

2

0

3

13

Vehicle Body Repairs

5

1

8

3

4

3

6

30

M.A.M.F.

3

3

24

1

7

0

3

41

Toolmaking

1

0

0

0

3

0

0

4

Farriery

1

0

0

0

0

0

0

1

Aircraft Mechanics

0

0

30

0

0

0

0

30

Refrigeration

4

1

6

1

6

2

6

26

Sheet Metalworking

10

0

7

1

5

0

12

35

Metal Fabrication

14

10

17

4

19

5

5

74

Floor & Wall Tiling

0

0

7

0

6

0

0

13

Industrial Insulation

5

0

1

0

0

0

0

6

Carpentry & Joinery

8

14

366

103

466

71

163

1,191

Painting & Decorating

6

1

20

2

19

7

19

74

Plumbing

32

26

388

74

329

84

156

1,089

Brick & Stonelaying

2

0

93

27

154

26

51

353

Plastering

5

2

46

9

38

17

18

135

Construction Plant Fitting

6

0

7

2

6

1

1

23

Total

206

118

1,411

357

1,554

324

727

4,697

Semi-State Bodies.

Leo Varadkar

Question:

155 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff who are employed in Science Foundation Ireland at present, and in 2007 and 2008; and if she will make a statement on the matter. [15454/09]

Leo Varadkar

Question:

156 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if the embargo on recruitment to the public sector applies to Science Foundation Ireland; and if she will make a statement on the matter. [15455/09]

I propose to take Questions Nos. 155 and 156 together.

The Deputy should note there is not an embargo on recruitment to the public sector as this would imply that no filling of vacancies whatsoever could take place. The Government decision regarding the moratorium on recruitment and promotions in the public service, which is effective from March 27 2009, provides the Minister for Finance with the authority to allow for the filling of vacancies in exceptional circumstances where warranted. Such approval from the Minister for Finance may, in due course, involve the redeployment of staff from other Departments or public bodies.

I can confirm that the moratorium will operate in respect of non-commercial state bodies and is therefore applicable to Science Foundation Ireland (SFI). Staff numbers serving in SFI are outlined in the following table.

Date

Number

31st December 2007

36

31st December 2008

50

20th April 2009

54

Work Permits.

Denis Naughten

Question:

157 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the concerns expressed by an organisation (details supplied) regarding the proposed changes to the work permit system; her plans to address these concerns; and if she will make a statement on the matter. [15632/09]

I am aware of the concerns expressed by the organisation named and welcome their ongoing and valuable input into my Department's work on economic migration policies. Indeed, input received from the organisation during a consultation process on proposed changes was incorporated into the final policy decisions.

Ireland has benefited greatly from immigration. However, we need to be sure that our economic migration policies are adapted to reflect the changed realities of the Irish labour market. As a result, it is essential that we now take steps to ensure that every possible effort is made by employers to find suitably skilled employees from within the existing labour market. Initiatives such as strengthening the labour market needs test will facilitate this process.

Departmental Staff.

Paul Kehoe

Question:

158 Deputy Paul Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of uncertified sick days taken within all sections of her Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if she will make a statement on the matter. [15670/09]

The statistics requested by the Deputy for my Department, which employs approximately 1,100 staff, are contained in following table.

2007

2008

2009

Total

Uncertified sick days

1,016

1,199.5

329

2,544.5

Staff

465

533

216

1,214

Staff who took 1-10 days

465

533

216

1,214

Staff who took over 10 days

0

0

0

0

Monday or Friday*

399

454

131

984

I should point out that the figures at* above relate to uncertified sick leave taken either on Monday or on Friday. There were no staff of my Department referred for an independent doctor’s opinion as a result of taking uncertified sick leave in the period in question.

Redundancy Payments.

Tom Hayes

Question:

159 Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the procedure for employees, whose employers do not provide the required paperwork, for receiving their statutory redundancy payments; the process that requires them to do so in order that their payment can be processed; and the length of time this process should take. [15700/09]

Normally, employees receive their redundancy entitlements from their employer. Employers are then entitled to apply to the Department for a rebate of 60% of the statutory element of the redundancy payments made. If, at this stage, an employer submits a claim which is incomplete, the Department will seek the necessary information from the employer. In these circumstances, employees will normally suffer no delay as they should already have received their redundancy payment. The delay in these cases caused by incomplete claims will result in the employer not getting a rebate until all information is received. The period of time involved depends in each case on how quickly the employer responds with full information.

Where an employer is not in a position to pay the statutory lump sum, my Department pays the statutory amount from the Social Insurance Fund (SIF) to individual employees and seeks reimbursement of 40% of the total payments from the employer. When an employer is not in a position to pay statutory redundancy, the Redundancy Payments Section requires proof of inability to pay. The employer is asked to provide a letter from his Accountant or Solicitor confirming inability to pay together with documentary evidence (i.e Audited Accounts/Statement of Affairs) within 30 days of issue of the communication. Where an employer does not provide the information requested or refuses to pay within the agreed timeframe, the employee is advised to take a case to the Employment Appeals Tribunal (EAT) against the employer, seeking a determination of their entitlement to statutory redundancy. The average waiting period for a case to be heard before the EAT is, I understand, currently around 27 weeks.

Employment Appeals Tribunal.

Michael Ring

Question:

160 Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will confirm the stated policy of the Employment Appeals Tribunal in relation to High Court judicial reviews taken against it in view of the opinion that the EAT is adopting a policy of not contesting judicial reviews taken against it. [15742/09]

The Employment Appeals Tribunal is an independent body under the aegis of the Department. As an independent body, I have no role in relation to the day-to-day operation of the Tribunal.

I understand that each judicial review proceedings in which the Tribunal is named is considered on the basis of the notice of motion before the Court. All aspects of the motion including previous similar proceedings are considered before a decision is reached whether or not to take part in the judicial review proceedings.

Employment Support Services.

Terence Flanagan

Question:

161 Deputy Terence Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide details of the new measure announced in the 7 April 2009 supplementary budget regarding getting graduates back to work through work experience programmes (details supplied); and if she will make a statement on the matter. [15797/09]

Róisín Shortall

Question:

165 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the location, when and the way the 2,000 work experience scheme places announced by her are to be allocated; the person who is to provide them; the types of work experience involved; the criteria for qualification; and the way interested people can apply or obtain further information. [15950/09]

I propose to take Questions Nos. 161 and 165 together.

The Work Experience Scheme, which was announced in the Supplementary Budget, is being established to provide 2,000 six-month places to individuals who are unemployed and it will also include the placement of graduates. This scheme will provide invaluable work experience to individuals who are unemployed, who have just left college or have very limited experience of the workplace.

The places will be created on a cost neutral basis, as the State's payment will be equivalent to social welfare Job Seeker Benefit/Allowance weekly rates. Discussions are ongoing between my Department and the Department of Social and Family Affairs and it is expected that these discussions will be finalised in the coming weeks when further details will be available pertaining to this scheme.

Job Losses.

Kieran O'Donnell

Question:

162 Deputy Kieran O’Donnell asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the jobs task force in Limerick in the wake of the announced job losses at a company (details supplied); if she has instructed the Industrial Development Authority to join this task force; if the IDA will make Limerick and the mid west a priority region for inward investment; and if she will make a statement on the matter. [15945/09]

Following the January announcement by Dell, I established the Mid West Task Force, Chaired by Mr Denis Brosnan. The role of the Task Force, amongst others, is to assess the particular impact on the wider regional economy of the decision to close certain parts of the Dell plant in Limerick and associated job losses in other companies and also to carry out an analysis of the potential impact of the current economic downturn on the Mid-West Region. As part of its analysis, the task force is meeting with and obtaining inputs from all the relevant State Development Agencies, including the IDA. I have asked the Task Force to provide me with an interim report on their findings and this is likely to be completed in May.

It is also important to point out that IDA has been working diligently to secure new investments for the region and over the last year companies like Vistakon, Zimmer, Cook, DTS and Microsemi have had announcements in the region. The Agency currently has a pipeline of projects under consideration. These potential investments are being pursued and IDA Ireland will do everything possible to speed up the investment decisions in Limerick's favour.

FÁS Training Programmes.

Róisín Shortall

Question:

163 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the location, when and the way the 12,000 places on ten week training courses places announced by her are to be allocated; the person who is to provide them; the types of course covered; the criteria for qualification; and the way interested people can apply or obtain further information. [15948/09]

Róisín Shortall

Question:

164 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the location, when and the way the 1,800 places on 20 week training courses announced by her are to be allocated; the person who is to be provide them; the types of course covered; the criteria for qualification; and the way interested people can apply or obtain further information. [15949/09]

I propose to take Questions Nos. 163 and 164 together.

The additional 12,000 ten week and 1,800 twenty week training courses announced in the supplementary Budget will be funded by FÁS, the National Training and Employment Authority, and brings the total number of training places available in courses of ten and twenty week duration to 92,000. These extra places are designed to build upon the existing training and development work already undertaken by FÁS in developing new skills and competencies for the unemployed.

The precise details of the roll-out of these additional activation places, including allocation, qualifying criteria and the types of courses covered will be finalised over the coming weeks. This is to ensure that the additional places created will be targeted to deliver the maximum positive benefit to the diverse needs of the unemployed.

Question No. 165 answered with Question No. 161.

Róisín Shortall

Question:

166 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the location, when and the way the pilot scheme for short-term workers announced by her are to be allocated; the criteria for qualification; and the way interested people can apply or obtain further information. [15951/09]

The pilot scheme for short-term workers will provide training and income support to 277 workers considered to be in vulnerable employment. Under this pilot training programme workers who are on a three-day week and receiving social welfare payments for the days they are not working will receive 2 days training a week for a period of 52 weeks.

Discussions are ongoing between my Department and the Department of Social and Family Affairs and it is expected that these discussions will be finalised in the coming weeks when further details will be available pertaining to this scheme.

Departmental Programmes.

Róisín Shortall

Question:

167 Deputy Róisín Shortall asked the Minister for Finance if he will provide details of the cycle to work scheme introduced in the Finance (No. 2) Act 2008; the progress made to date to implement the scheme; and the number of Departments and public sector agencies actively availing of this scheme. [15127/09]

The cycle to work scheme came into operation on 1 Jan 2009. The purposes of the scheme are to encourage more employees to cycle to and from work, to contribute to lowering carbon emissions, to help reduce traffic congestion, and to help improve health and fitness levels.

The scheme allows an employer to provide an employee with a bicycle (including an electrically assisted bicycle) and cycle safety equipment, e.g. helmet, lights, reflective clothing, as a benefit of his/her employment without the employee being liable for benefit-in-kind taxation. The scheme applies where the bicycle is used by the employee for travelling to and from work or for travelling between workplaces.

The scheme can be implemented through salary sacrifice arrangements in a similar manner to the existing Travel Pass Scheme. Under such an arrangement, the employer provides the bicycle and/or safety equipment to the employee who agrees to forego or sacrifice part of his or her salary every pay period in order to cover the cost of the bicycle and safety equipment. Any salary sacrifice arrangement must be completed within a maximum period of twelve months and the arrangement will be reflected in the employee's pay over that period.

The bicycle and safety equipment up to the value of €1,000 are exempt from benefit-in-kind taxation under the scheme. Employees will not be liable to income tax, employee PRSI, or levies on the cost of the bicycle and safety equipment up to this limit. Where the cost exceeds this amount, a BIK charge will apply to the balance. The scheme is available to individual employees once only in a five year period.

The employer will also benefit in that employer PRSI is not payable on the cost of the bicycle and/or safety equipment. Employers will not, however, be able to reclaim the VAT paid on the bicycle and/or safety equipment.

Participation in the scheme is voluntary for employers. However, when an employer agrees to participate, he or she must make the scheme generally available, on an equal basis, to all employees requesting it.

There is no notification procedure for employers to indicate to the Revenue Commissioners that they are operating the scheme. However, the purchase of bicycles and associated safety equipment by employers for employees will be subject to the normal Revenue audit procedure with the normal obligations on employers to maintain records (e.g. invoices, salary sacrifice agreements between employer and employee, such agreements to include a statement from employees that the bicycle and safety equipment are for their own use and will be used for travelling to and from work).

The cycle to work scheme is effectively available since 1 January 2009 to private sector employees where employers agree to operate the scheme.

Implementation of the scheme in the civil service is being dealt with by my Department. Introducing the scheme in the civil service has given rise to a number of issues including that of public procurement. These issues will be resolved shortly. I also understand that the Office of Public Works will be advertising in the near future seeking expressions of interest from those selling bicycles and pedelecs (electrically assisted bicycles), and who are prepared to supply bicycles and cycle safety equipment to those availing of the scheme in the civil service.

A circular providing for a scheme in the civil service will be issued as soon as practicable and those arrangements should provide a framework for the implementation of a similar scheme in the wider public service.

Tax Code.

Tom Hayes

Question:

168 Deputy Tom Hayes asked the Minister for Finance if a reduction on the VAT applied to the installation of domestic water softening units will be considered. [15197/09]

With regard to the VAT applied to domestic water softening units, or indeed any other goods and services, it is important to bear in mind that the VAT treatment of goods and services is subject to EU VAT law with which Irish VAT law must comply. In this regard, it is not possible to apply the reduced rate of VAT to water softening units which are subject to the standard 21.5% VAT rate.

However, I would point out that the reduced VAT rate of 13.5% may currently be applied to products which are provided under a single supply and install contract where the VAT exclusive cost of the goods does not exceed two-thirds of the total VAT exclusive charge to the customer.

National Archives.

Mary Upton

Question:

169 Deputy Mary Upton asked the Minister for Finance if there are plans to increase the space in the National Archives; and if he will make a statement on the matter. [15266/09]

The Land Commission is currently accommodated in the National Archives premises in Bishop Street, Dublin 8. The Office of Public Works is in the process of relocating the Land Commission personnel and their records from Bishop Street and will allocate the space freed up by this move to the National Archives for storage purposes.

Tax Code.

Michael Creed

Question:

170 Deputy Michael Creed asked the Minister for Finance if a registered charity (details supplied) in County Cork is exempt from paying local authority rates; and if he will make a statement on the matter. [15404/09]

I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act 2001 and that I, as Minister for Finance, have no function in decisions in this regard.

The Valuation Act 2001, which came into effect on 2 May 2002, provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Act. Schedule 4 outlines the categories of property and the various uses that are deemed to be non-rateable under the Act, including buildings occupied by a charitable organisation and used exclusively by that organisation for charitable purposes and otherwise than for profit.

In the case of the valuation of premises occupied by Clondrohid Community Childcare, I am informed by the Valuation Office that a Revision Officer has been appointed following a request from Cork County Council to revise the valuation. In considering the request, the revision officer will examine all aspects of the case, including the occupier's claim for exemption. In this regard, I might mention that the grant of charitable status to an organisation does not of itself entitle that organisation to an exemption from rates. The nature of the occupation and use of the premises and the particular terms and conditions of the organisation's Memorandum and Articles of Association will be determining factors in whether the premises occupied by the organisation will be exempt or not. Before a definitive decision is made in the case, the occupiers of the premises in Clondrohid will be afforded an opportunity by the Revision Officer to make Representations.

If dissatisfied with the outcome, they may appeal to the Commissioner of Valuation in the first instance, and subsequently to the independent Valuation Tribunal. There is also a further right of appeal to the High Court and ultimately to the Supreme Court on a point of law.

Disabled Drivers.

Dan Neville

Question:

171 Deputy Dan Neville asked the Minister for Finance if he will make a statement on the case of a person (details supplied) in County Limerick. [15459/09]

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area.

If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Tax Code.

Fergus O'Dowd

Question:

172 Deputy Fergus O’Dowd asked the Minister for Finance his views on the representations from an organisation (details supplied). [15092/09]

I am conscious of the decline in the motor industry in Ireland and internationally due to the contraction in economic activity. I, and my officials, have had meetings with representatives of the motor industry at which the issues referred to in the correspondence were raised. These matters were considered in the context of the recent Supplementary Budget and it was decided to introduce a VAT Margin Scheme for second-hand cars as outlined in Page B.8 of the Summary of Supplementary Budget Measures — Policy Changes.

Pension Provisions.

Brendan Howlin

Question:

173 Deputy Brendan Howlin asked the Minister for Finance the basis, in view of the fact that retained fire officers have no public service pension entitlement and no access to a public service pension scheme, on which they are deemed liable to pay the public service pension levy; if he will review the imposition of the levy on retained fire officers; and if he will make a statement on the matter. [15098/09]

Retained firefighters are subject to the pension-related deduction as they are entitled to join the Local Government Superannuation Scheme and receive a pension and lump sum from a local authority. Those who do not take that option are eligible for a non-contributory retirement gratuity arrangement. Under the Financial Emergency Measures in the Public Interest Act, retained firefighters are, therefore, subject to the deduction.

However, in the recent Supplementary Budget, I announced a change to the structure of the deduction which will exempt the first 15,000 euro of earnings. This should benefit retained firefighters, especially those with no other public service employment.

The Deputy will be aware that I undertook during the Dáil debate on the deduction to have the case of the retained firefighters examined to see if there are exceptional circumstances with regard to this group of public servants. That examination is in progress.

Tax Code.

Damien English

Question:

174 Deputy Damien English asked the Minister for Finance when an application for a tax refund by a person (details supplied) made to the Office of the Revenue Commissioners will be decided on; the reason for any undue delay; and if he will make a statement on the matter. [15108/09]

I am advised by the Revenue Commissioners that correspondence was received from the taxpayer on 17th February 2009 and that a refund cheque issued on 1st April 2009.

Kieran O'Donnell

Question:

175 Deputy Kieran O’Donnell asked the Minister for Finance the number of car repossession orders made in each month over the past 12 months in tabular form; and if he will make a statement on the matter. [15111/09]

It is assumed that the Deputy is referring to the number of cars seized by the Revenue Commissioners for breaches of Vehicle Registration Tax (VRT) legislation. 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.

Revenue mobile units continuously monitor both Irish and foreign registered vehicles on our roads as part of their regular and ongoing enforcement activity. As part of this enforcement activity, vehicles in serious breach of the VRT regulations are seized. The following Table gives the number of vehicles seized in the State in each month over the past twelve months. In addition to the VRT collected, penalties in excess of €1 million were charged in respect of these vehicles.

Month / Year

Number of Seizures

April 2008

120

May 2008

191

June 2008

175

July 2008

98

August 2008

120

September 2008

137

October 2008

151

November 2008

168

December 2008

131

January 2009

143

February 2009

164

March 2009

284

Financial Services Regulation.

Paul Nicholas Gogarty

Question:

176 Deputy Paul Gogarty asked the Minister for Finance if measures will be taken to request financial institutions, in view of current financial and economic circumstances, to allow mortgage holders who are on fixed rate mortgages to move to variable rate mortgages without incurring a severe financial penalty to do so. [15157/09]

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 obtaining the 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, which was published in December 2007, the Mortgage Industry and Consumer 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.

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 mortgage and it would not be advisable to embark on any course of action which could impact adversely on the cost and availability of fixed rate mortgages in the future.

On 26 March 2009, I undertook, in this House, to contact the Consumer Director of the Financial Regulator on the subject of customers who wish to switch from a fixed rate mortgage. On foot of that my Department has contacted the Financial Regulator to request confirmation that the redemption costs for switching from a fixed rate mortgage cover funding costs only and that there are no other costs included in these charges. The Financial Regulator has confirmed to my Department that it is looking into this matter and that it will revert shortly. I will advise the Deputy of the outcome of the Financial Regulator's consideration of this matter.

Departmental Programmes.

Mattie McGrath

Question:

177 Deputy Mattie McGrath asked the Minister for Finance if he will supply a run down of various Government investment in the Cahir electoral area, County Tipperary, since 1997; and if he will make a statement on the matter. [15159/09]

Individual projects are a matter for the relevant responsible Departments. The Deputy may obtain specific information for the Cahir electoral area from the relevant Departments.

Tax Code.

Joe Costello

Question:

178 Deputy Joe Costello asked the Minister for Finance if he will amend the Finance (No. 2) Act 2008 to ensure that the daily requirement for residency in the State for tax purposes is 24 hours not a portion of the day; and if he will make a statement on the matter. [15165/09]

Section 15 Finance (No. 2) Act 2008 amended section 819 of the Taxes Consolidation Act 1997 to provide that, for 2009 and subsequent years, an individual is regarded as present in the State for a day if he or she is present in the State at any time during that day.

This provision amended the previous tax residence rule, denoted as the "Cinderella rule", under which individuals could be in the State on a given day but not present for that day for tax purposes provided they arrive after midnight and depart before the following midnight.

The purpose of the amendment was to make it more difficult for an individual to arrange his or her affairs to become non-resident for tax purposes. The Deputy's proposal would make it easier for individuals to be non-resident. As a result, I do not intend making the suggested amendment.

Olivia Mitchell

Question:

179 Deputy Olivia Mitchell asked the Minister for Finance if he will permit funds to write off rebates due to them on foot of redundancy payments against tax due, in view of the fact that the delays in repaying is driving firms out of business. [15177/09]

I presume that the Deputy is referring to the 60% statutory redundancy rebates that the Department of Enterprise, Trade and Employment administer.

Taxes paid by employers include tax levied directly on the employer such as Income Tax or Corporation Tax but also fiduciary taxes such as PAYE Income Tax, Income Levy or VAT levied on the employees or customers of that employer. Also relevant would be levies and contributions collected from employees such as PRSI and Health Levy.

In the circumstances and given that there is no provision in taxation, social welfare or health legislation to offset tax liabilities in the manner suggested, it is not possible to offset the 60% statutory redundancy rebates against a tax liability due to Revenue.

I am, however, advised by Revenue that where a business is awaiting a statutory redundancy rebate and it is experiencing particular difficulties in meeting its tax payment obligations because of a delay in receiving the repayment, then subject to satisfactory evidence being provided of the repayment due and its quantum, Revenue will be accommodating in deferring for a reasonable period collection or enforcement action that would otherwise ensue in the event of delayed payment of tax.

Tax Collection.

Michael Ring

Question:

180 Deputy Michael Ring asked the Minister for Finance the position in relation to a person (details supplied) in County Mayo. [15178/09]

I am advised by the Revenue Commissioners that the taxpayer in question contacted his local tax district in March 2009 to inform them that he had received payment of a pension from the Department of Agriculture, Fisheries and Food. The pension covered the period from July 2008 to March 2009 and was subjected to the PAYE emergency tax procedures, as the taxpayer had not applied for a PAYE Tax Credit Certificate when he became entitled to receive the pension. A PAYE Tax Credit Certificate has been issued to the taxpayer for 2009 and, once processed by the Department of Agriculture, Fisheries and Food, the emergency procedures will cease and have the effect of refunding some or all of the tax suffered by the taxpayer.

The reason that the taxpayer's affairs cannot be fully regularised until the end of 2009 is that a return of all income earned in 2008 will be required which should include the portion of his pension earned in 2008 but not paid by the Department of Agriculture, Fisheries and Food until 2009 and subjected to tax in 2009. In order to regularise the taxpayer's affairs it will be necessary to review both the 2008 and 2009 tax years as some of the pension paid in 2009 is properly assessable in 2008 while the tax deducted is due in 2009. This review cannot be carried out until the end of 2009.

Pension Provisions.

Denis Naughten

Question:

181 Deputy Denis Naughten asked the Minister for Finance if persons who have applied for early retirement due to ill health but are not approved by 1 May 2009 will be forced to postpone 90% of their lump sum until retirement age; and if he will make a statement on the matter. [15233/09]

Where persons who have applied for early retirement due to ill-health have not had their applications approved by 1 May 2009, the terms of the benefits of ill- health retirements will not be affected by the proposed Incentivised Scheme of Early Retirement.

Richard Bruton

Question:

182 Deputy Richard Bruton asked the Minister for Finance his views on exempting members of an association (details supplied) from the pension levy, under section 8 of the Financial Emergency Measures in the Public Interest Act 2009; and if he will make a statement on the matter. [15236/09]

I have no proposals to exempt members of the Association referred to by the Deputy from the pension-related deduction.

However, in the recent Supplementary Budget, I announced a change to the structure of the deduction which will exempt the first 15,000 euro of earnings. This should benefit the group of public servants in question, especially those with no other public service employment.

I also undertook, during the Dáil debate on the pension-related deduction, to have the situation of this group of public servants examined to see if there are exceptional circumstances in their case. That examination is in progress.

Financial Services Regulation.

Tom Sheahan

Question:

183 Deputy Tom Sheahan asked the Minister for Finance if he will instruct the financial institutions, who have not already done so, to allow people to change from fixed rate mortgages to variable rate without penalties; and if he will make a statement on the matter. [15254/09]

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 obtaining the 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, which was published in December 2007, the Mortgage Industry and Consumer 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.

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 mortgage and it would not be advisable to embark on any course of action which could impact adversely on the cost and availability of fixed rate mortgages in the future.

On 26 March 2009, I undertook, in this House, to contact the Consumer Director of the Financial Regulator on the subject of customers who wish to switch from a fixed rate mortgage. On foot of that my Department has contacted the Financial Regulator to request confirmation that the redemption costs for switching from a fixed rate mortgage cover funding costs only and that there are no other costs included in these charges. The Financial Regulator has confirmed to my Department that it is looking into this matter and that it will revert shortly. I will advise the Deputy of the outcome of the Financial Regulator's consideration of this matter.

Tax Collection.

Paul Connaughton

Question:

184 Deputy Paul Connaughton asked the Minister for Finance if his attention has been drawn to the increasing annoyance and frustration felt by accountants and other such professions regarding their relationship with the Revenue Commissioners in so far as bureaucratic procedures are concerned; his views on whether there is too much bureaucracy involved; if such bureaucracy will be reduced without prejudice to the necessary checks and balances that are a necessary part and parcel of taxation collection measures; and if he will make a statement on the matter. [15273/09]

I am informed by the Revenue Commissioners that they are not aware of increasing annoyance and frustration on the part of accountants.

Revenue operates a network of formal contacts with tax practitioners ranging from the Taxes Administration Liaison Committee (TALC) to local Revenue and Practitioner forums. TALC was established in 1989 and is a liaison committee between Revenue, the Irish Taxation Institute (ITI), the Consultative Committee of Accountancy Bodies of Ireland (CCAB-I) and the Law Society of Ireland. TALC is a forum for consultation and discussion between Revenue and practitioners on a wide variety of issues concerning the administration of tax in Ireland and meets regularly throughout the year. Regular meetings at Regional and District level between Revenue staff and local tax practitioner and their representatives further support TALC dialogue. Given such a wide network of contacts, Revenue would have expected to be made aware of such annoyance and frustration, but this is not the case. TALC produces practical suggestions for improved administration on an ongoing basis. For example, at the TALC meeting on 17 April, streamlined processes for issuing tax refunds to businesses were discussed and agreed.

In recent years Revenue has made many charges in the way it does business:

The Revenue Online Service (ROS) now allows tax accountants to file tax returns and pay their taxes on line. This has greatly streamlined the whole business of tax filing, the main point of contact between Revenue and tax professionals.

Revenue has simplified tax administration; for example, reducing the number of VAT returns for smaller businesses.

A new service, the Revenue Technical Service was set up to answer difficult tax queries from tax practitioners. Many more examples of simplification could be given. In 2006, Revenue surveyed small and medium-sized businesses and found that 84% of respondents were either "very satisfied" or "satisfied" with the service they get from Revenue. According to the PricewaterhouseCoopers/World Bank report "Paying Taxes 2009-The Global Picture", Ireland is the sixth ‘easiest' country (out of 181 countries surveyed) in which to pay taxes.

While there is always room for improvement, I'm satisfied that Revenue is alert to the needs of business and has mechanisms in place to identify those needs, and is willing to respond where possible having regard to the necessary checks and balances to ensure compliance.

However, if the Deputy is aware of a particular issue, that matter should be brought to the attention of Revenue in one of the fora mentioned above.

Pension Provisions.

Paul Kehoe

Question:

185 Deputy Paul Kehoe asked the Minister for Finance if a person retiring from the public service at pension age, not an early leaver, will be liable for tax on the gratuity payment they receive; and if he will make a statement on the matter. [15277/09]

Finian McGrath

Question:

206 Deputy Finian McGrath asked the Minister for Finance the position regarding a matter (details supplied). [15743/09]

I propose to take Questions Nos. 185 and 206 together.

Under statutory pension schemes and pension schemes approved by the Revenue Commissioners there is no liability to income tax in respect of retirement gratuities or lump sums paid to members of such schemes on retirement. Provided the individual referred to in the question is a member of such a scheme and the lump sum payment complies with Revenue rules in this area, there is no liability to income tax on the retirement lump sum payment. In this regard, it should be noted that the tax arrangements for retirement lump sums apply in respect of pension schemes in both the public and private sectors.

As I mentioned in my Budget Speech on 7 April last, the Commission on Taxation is examining various aspects of pension tax treatment, including the treatment of retirement lump sum payments and I expect to be dealing with the Commissions' recommendations in the 2010 Budget in December.

Tax Code.

Michael McGrath

Question:

186 Deputy Michael McGrath asked the Minister for Finance his views on the issues raised by an association (details supplied) in the context of the forthcoming Finance Bill; and if he will make a statement on the matter. [15289/09]

I am conscious of the difficulties being encountered in the farm machinery business in conjunction with other businesses, however, given the current Exchequer deficit position, the Budget 2009 policy decision of increasing the standard VAT rate continues to be necessary in order to support the public finances. We are borrowing to fund day to day public services which is unsustainable as future generations will be required to pay higher taxes unless we correct our public finances.

Regarding the differential in VAT rates resulting from temporary reduction in the UK standard VAT rate from 17.5% to 15% up to the end of 2009, as recognised by the farm machinery industry in their correspondence, the VAT rate is not the only factor in the price differential between North and South of the border. The weakening of sterling has had, and is having, a far more significant impact on relative prices than any VAT changes in this regard.

As a small open economy, many of our standard rated goods are imported, and cutting the VAT rate could benefit the economies from which we import more than our own. In other words, while, it might help the consumer, it would not be the most effective way of helping our own economy.

Regarding the validity of VAT registration numbers, this forms part of the checks carried out by Revenue officers, including with their counterparts in Revenue & Customs in the UK, and in Northern Ireland in particular, in connection with audits and assurance checks where risk or suspicions arise. These checks are carried out using the EU VAT Mutual Assistance Programme, which is designed specifically to tackle cross-border VAT fraud. This programme allows for exchanges of information between EU Member States in relation to VAT matters and also allows the presence of officials from a Member State in another Member State while enquiries are being carried out. These are VAT anti-fraud measures and Ireland plays a full role in the exchange of information with all other Member EU States, including the UK, with whom we have a good working relationship.

Checks of the control procedures in place between the State and Northern Ireland will continue as part of Revenue's work programmes in 2009. Revenue will continue to liaise, as appropriate, with the competent authorities in Northern Ireland, under the EU Mutual Assistance programme. Any specific allegations regarding the abuse of VAT numbers will be investigated fully. Regarding to the availability of financing, the Deputy will be aware that as part of the recapitalisation package announced on 11 February 2009, Allied Irish Bank and Bank of Ireland reconfirmed their December commitment to increase lending capacity to small and medium enterprises (SMEs) by 10%. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. Compliance with this commitment will be monitored by the Financial Regulator. The banks will make quarterly reports, with the first report to end March 2009 to be submitted by end April 2009.

Government Departments and State agencies have engaged with banks and business representatives in a variety of settings on issues surrounding the flow of credit for business. A formal structure for those contacts on an ongoing basis will be finalised shortly.

An independent review of credit availability, funded by the banks but managed jointly by the banks, Government and business representatives is also underway and will be completed shortly. Amongst the issues covered by this review will be changes in bank lending, repayment terms and a comparison with customer experiences prior to the onset of the financial crisis. I am satisfied that this review, along with the quarterly reports from the recapitalised institutions, will give a clear picture regarding the flow of credit in the Irish economy, which will inform future policy.

Departmental Expenditure.

Richard Bruton

Question:

187 Deputy Richard Bruton asked the Minister for Finance the programme changes introduced in the 2009 Estimates published on 14 October 2008 designed to make savings in expenditure in 2009; and the amount of savings achieved in each programme within each Department. [15290/09]

The detailed 2009 expenditure allocations will be published in the Revised Estimates of Public Services 2009 tomorrow, Thursday 23 April. These allocations reflect all changes which impact on Departmental expenditure in 2009.

Tax Code.

Joan Burton

Question:

188 Deputy Joan Burton asked the Minister for Finance if he will explain the tax treatment of redundancy payments, particularly with regard to the income levy; and if he will make a statement on the matter. [15396/09]

Pat Breen

Question:

209 Deputy Pat Breen asked the Minister for Finance if he will clarify the way the recent increases in the income levy will be applied; if it will apply to compulsory and voluntary redundancy payments; if so, if he has plans to reverse this decision; and if he will make a statement on the matter. [15821/09]

Jack Wall

Question:

210 Deputy Jack Wall asked the Minister for Finance if a person who took voluntary redundancy at the end of December 2008 will be subject to the income levy rates; and if he will make a statement on the matter. [15853/09]

I propose to take Questions Nos. 188, 209 and 210 together.

The position is that statutory redundancy payments are exempt from both income tax and income levy.

In addition, ex-gratia redundancy payments in excess of the statutory redundancy amount are exempt from income tax and the income levy, subject to certain limits, namely—

a basic exemption of €10,160 plus €765 per complete year of service in excess of statutory redundancy; or

if more beneficial, the Standard Capital Superannuation Benefit, which is 1/15th of the person's annual income (average of the last three years) for each year of employment less any tax-free lump sum which is received or receivable under any approved or statutory pension scheme.

The basic exemption from income tax and income levy as outlined above can be further increased by up to €10,000 if the person is not a member of an occupational pension scheme. This can only be claimed if the person has not made any claim in respect of a lump sum received in the previous 10 tax years.

The amount of redundancy payment in excess of whichever exemption applies is liable to both income tax and income levy. The income levy rates announced in the Supplementary Budget, namely, 1.67% on the first €75,036, 3% on the next €25,064, 3.33% on the next €74,880, 4.67% on the next €75,140 and 5% on the remainder, apply to the whole of a person's 2009 income.

With regard to an individual who took voluntary redundancy at the end of December and received the termination or lump sum payment associated with that redundancy before 1 January 2009, the person will not be liable to the income levy on that payment. However if the termination payment was actually made on any date on or after 1 January 2009, then the person is liable to the income levy on that payment on the basis set out above.

The treatment of taxable redundancy payments paid prior to 1 May will be considered in the context of the preparation of the forthcoming Finance Bill.

Pension Provisions.

Róisín Shortall

Question:

189 Deputy Róisín Shortall asked the Minister for Finance, further to Parliamentary Question No. 7 of 8 April 2009, if he has received clarification of the comments made by CIROC in respect of pension arrangements which are inconsistent with public policy and tax laws; and the steps he will take to address these matters. [15402/09]

In my reply to the previous question raised by the Deputy on this issue, I indicated that my Department was examining the matters raised in the CIROC report. Following that consideration, and in light of discussions between my Department and the Revenue Commissioners, the matters raised in the report are to be taken up by the Commissioners with the institutions involved, with a view to ensuring that the practices concerned are in compliance with pensions tax provisions and with tax law generally.

Tax Collection.

Caoimhghín Ó Caoláin

Question:

190 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of DIRT free deposit accounts operated here by the banks; and if he will make a statement on the matter. [15417/09]

Caoimhghín Ó Caoláin

Question:

191 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of DIRT free deposits accounts which were opened in 2008; and if he will make a statement on the matter. [15418/09]

I propose to take Questions Nos. 190 and 191 together.

Section 34 of the Finance Act 2007 introduced a new scheme to allow the operation of Deposit Interest Retention Tax (DIRT) exempt savings accounts subject to two conditions: (a) the account holder must be aged 65 years of age or over or be permanently incapacitated; and (b) their total income must not exceed the relevant exemption threshold, i.e. €20,000 (for an individual) or €40,000 (for a married couple) in 2008.

Provisional figures show that in 2008 73,738 DIRT free deposit accounts were operated. Of these, 46,528 accounts were held with Banks and the balance were held with either Credit Unions or An Post. The equivalent figures for 2007 were 68,855 and 20,591.

Tax Yield.

Caoimhghín Ó Caoláin

Question:

192 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the amount of revenue received by the Exchequer from DIRT tax each year from 2002 to 2008; and if he will make a statement on the matter. [15419/09]

The following table sets out the net yield from Deposit Interest Retention Tax (DIRT) collected from 2002 to 2008:

Year

€m

2002

206.5

2003

153.3

2004

143.6

2005

167.1

2006

254.4

2007

471.8

2008

653.8

Tax Collection.

Caoimhghín Ó Caoláin

Question:

193 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if he is satisfied with the efforts made by his Department and the Revenue Commissioners to inform people about their potential entitlement to a DIRT free deposit account; and if he will make a statement on the matter. [15420/09]

I am informed by the Revenue Commissioners that when DIRT exempt accounts were introduced in April 2007, the initiative was widely publicised. Publicity measures included the production and dissemination of two information leaflets; the first DE1 was for account holders who qualified on the basis of being aged 65 years, while the second DE2 was for those who qualified on the basis of permanent incapacitation. These leaflets provided comprehensive information for qualifying taxpayers on how to have interest credited without deduction of DIRT. The application forms and information leaflets were made available in Revenue offices and in financial institutions. In 2007, Revenue arranged for information to be issued to social welfare customers in receipt of state pensions, which resulted in 100,000 information leaflets being sent out in conjunction with other information being circulated by the Department of Social and Family Affairs.

I am further informed that in 2008 Revenue produced and circulated over 2,550 information posters about DIRT exempt accounts for those aged 65 years and over. The posters were circulated for display in Citizens Information Offices, banks, post offices and in Revenue's local public offices. Irish versions of the posters were also printed and circulated. Revenue also provided briefing material to relevant interested parties including the Senior Times magazine and Age Action Ireland.

Information about DIRT exempt accounts is also available on the Revenue website, www.revenue.ie. Provisional figures show that in 2008 73,738 DIRT free deposit accounts were operated, which demonstrates the satisfactory arrangements which have been made.

Caoimhghín Ó Caoláin

Question:

194 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of people who made a claim for a tax refund on becoming unemployed in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [15421/09]

I am informed by the Revenue Commissioners that the number of people who made a claim for a tax refund on becoming unemployed in the years in question are as follows:

2007 — 27,652.

2008 — 44,987.

2009 (to 17 April) — 6,018.

Caoimhghín Ó Caoláin

Question:

195 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if he is satisfied with the efforts made by his Department and the Revenue Commissioners to inform people about their potential entitlement to a tax refund if they are made unemployed during the tax year; and if he will make a statement on the matter. [15422/09]

I am informed by the Revenue Commissioners that they have a range of information available to taxpayers in relation to their entitlements to claim tax refunds if they are unemployed.

The Revenue website, www.revenue.ie contains a wide range of information in relation to how claims can be made and what information customers need in order to make a claim.

At the start of each tax year, the Revenue Commissioners send all taxpayers a tax credit certificate which sets out their tax credits and their standard rate band. When sending out the 2009 tax credit certificates, the Revenue Commissioners included a booklet PAYE for Employees. This 16 page booklet about the PAYE system included 2 pages of information about changing jobs and what to do in relation to a possible tax refund if a taxpayer is out of work. The booklet was sent to over 2.2 million taxpayers in November and December 2008 in advance of the start of the tax year. The information was presented in an easy-to-read format in booklet form in order that PAYE taxpayers would use it as a handy reference guide about the tax system.

Regarding the specific question about people who become unemployed, I am advised that this is handled in a very direct way. When a person becomes unemployed, their employer provides them with Form P45 which includes information in the section titled "Important Notes for Employee" about what a taxpayer should do if unemployed and claiming a tax repayment. Taxpayers who are unemployed and claiming a tax repayment are advised to send parts 2, 3 and 4 of the Form P45, with a completed Form P50, to their local Revenue Office. I am fully satisfied with this arrangement.

Furthermore, Revenue operates a Lo Call 1890 telephone service for PAYE taxpayers taking between 6,000 and 12,000 calls per day, depending on the time of year. Information on unemployment refunds is available from the Lo Call service.

Tax Yield.

Caoimhghín Ó Caoláin

Question:

196 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the amount of revenue received by the Exchequer each year from 2004 to 2008 from the 2% levy on non-life insurance policies; the amount of same which is derived from motor insurance policies; and if he will make a statement on the matter. [15423/09]

A 2% stamp duty, which was introduced in 1982, is charged on most non-life insurance premiums and is part of the normal stamp duty system. The exceptions are re-insurance, voluntary health insurance, marine, aviation and transit insurance and export credit insurance. The yield to the Exchequer from 2004 to 2008 was as follows:

Year

Yield

€m

2004

97.7

2005

90.8

2006

88.3

2007

85.4

2008

80.1

It is not possible to distinguish between the different types of insurance business within the yield from the non-life levy. The purpose of the non-life levy is to broaden the tax base, while increasing the sources of revenue available to address the current pressures on the public finances.

Departmental Expenditure.

Joan Burton

Question:

197 Deputy Joan Burton asked the Minister for Finance the breakdown of budgetary projections for 2009, 2010 and 2011, including all appropriations-in-aid, for expenditure receipts and balances; and if he will explain the spike in this figure for 2009, with corresponding figures for 2007 and 2008. [15467/09]

Budgetary projections for 2009, 2010 and 2011 are broken down in the following table and are consistent with the figures published in Supplementary Budget 2009, published on 7 April. The corresponding figures for 2007 and 2008 are also included in the table. The figures from 2007 are taken from the Appropriation Account 2007 and the Finance Account 2007, while the 2008 figures are Department of Finance estimates.

2007 Outturn

2008 Provisional

2009 Estimate

2010 Estimate

2011 Estimate

€m

€m

€m

€m

€m

Gross Voted Current Expenditure

48,607

53,475

56,588

56,757

56,111

Non-Voted (Central Fund) Current Expenditure

3,937

3,936

5,855

7,796

9,304

Gross Current Expenditure

52,544

57,411

62,442

64,553

65,415

less Current Appropriations-in-Aid and balances

11,647

12,653

16,077

13,816

13,531

Net Current Expenditure

40,897

44,758

46,365

50,737

51,884

Gross Voted Capital Expenditure

7,819

8,920

7,329

6,621

5,491

Non-Voted Capital Expenditure

853

797

871

832

825

Payment to the NPRF

1,516

1,690

3,000

1,449

Gross Capital Expenditure

10,187

11,407

11,200

7,453

7,765

Less Capital Appropriations-in-Aid

92

473

465

481

479

Net Current Expenditure

10,096

10,934

10,735

6,972

7,286

The figure for Appropriations-in-Aid increases significantly from €12.7 billion in 2008 to 16.1 billion in 2009 primarily due to the increase in Social Insurance Fund (SIF) expenditure associated with the rise in the Live Register: this increased expenditure is financed fully from SIF resources (including the accumulated SIF surplus) in 2009, and these resources are recorded as Appropriations-in-Aid. However, from 2010 the surplus is eliminated and a cumulative deficit is forecast for the SIF. The total SIF resources available to meet SIF expenditure will therefore be lower than in 2009, with the Appropriation-in-Aid figure being reduced accordingly.

The following table shows a percentage breakdown of Appropriations-in-Aid for 2009. The SIF related Appropriation-in-Aid includes income for 2009 and a drawdown of the accumulated surplus.

2009

%

SIF related Appropriations-in-Aid

63

Health Levy

12

Pension-Related Deduction*

5

Other Appropriations-in-Aid

20

Total

100

*€80 million of the Pension-related deduction impacts on Gross Expenditure through the Local Government Fund.

Tax Code.

Ned O'Keeffe

Question:

198 Deputy Edward O’Keeffe asked the Minister for Finance if an exemption on mortgage income tax relief will be granted when a couple has a home loan for more than seven years but in the past couple of years had the rate of interest fixed by the lending institutions; and if he will make a statement on the matter. [15577/09]

Ned O'Keeffe

Question:

199 Deputy Edward O’Keeffe asked the Minister for Finance the mortgage of persons (details supplied) in County Cork regarding abolishment of mortgage interest relief after seven years. [15578/09]

I propose to take Questions Nos. 198 and 199 together.

The position is that Mortgage Interest Relief for principal private residencies will cease for all mortgages from the 1st May, where the mortgage holder has been in receipt of mortgage interest tax relief for more than seven years. The exception to this rule is where a new loan has been taken out in the last seven years for the purpose of buying a new home or for the purposes of repair, development or improvement of their current home.

The fixing of the rate of interest on an existing mortgage does not, in itself, constitute a new qualifying loan. In the circumstances outlined in both of these questions, no exemption from the abolition of the relief is available.

Financial Services Regulation.

Jack Wall

Question:

200 Deputy Jack Wall asked the Minister for Finance his views on correspondence (details supplied); the action he will take to address the matter of the lack of available funds to small and medium enterprises; if his attention has been drawn to the black market effect of cash in hand that the lack of such funding will create; and if he will make a statement on the matter. [15579/09]

Government Departments and State agencies have engaged with banks and business representatives in a variety of settings on issues surrounding the flow of credit for business. A formal structure for those contacts on an ongoing basis will be finalised shortly.

A Code of Conduct for Business Lending to Small and Medium Enterprises was published by the Financial Regulator on 13 February and took effect on 13 March. This code will apply to all regulated banks and building societies and will facilitate access to credit, promote fairness and transparency and ensure that banks will assist borrowers in meeting their obligations, or otherwise deal with an arrears situation in an orderly and appropriate manner. The business lending code includes a requirement for banks to offer their business customers annual review meetings, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty the banks will give the customer reasonable time and seek to agree an approach to resolve problems and to provide appropriate advice. This is a statutory code and banks will be required to demonstrate compliance.

In addition, as part of the recapitalisation package announced on 11 February, Allied Irish Bank and Bank of Ireland reconfirmed their December commitment to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. If the mortgage lending is not taken up, then the extra capacity will be available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. Compliance with this commitment will be monitored by the Financial Regulator. The banks will make quarterly reports, with the first report to end March 2009 to be submitted by end April 2009. Officials from my Department are also in regular contact with the banks concerned in relation to their progress on implementing these measures.

An independent review of credit availability, funded by the banks but managed jointly by the banks, Government and business representatives is also underway and will be completed shortly. Amongst the issues covered by this review will be changes in bank lending, repayment terms and a comparison with customer experiences prior to the onset of the financial crisis. I am satisfied that this review, along with the quarterly reports from the recapitalised institutions, will give a clear picture regarding the flow of credit in the Irish economy which will inform future policy.

Departmental Agencies.

Denis Naughten

Question:

201 Deputy Denis Naughten asked the Minister for Finance when he will extend the special Civil Service incentive career break scheme and shorter working year scheme to the public service; and if he will make a statement on the matter. [15627/09]

The special civil service incentive career break scheme and shorter working year scheme are initially being implemented for the civil service. Discussions have taken place at official level on wider application of these, or equivalent schemes, to other appropriate areas of the public service. It is a matter for the relevant Minister with responsibility for staff in those public service areas as to whether the extension of these schemes is appropriate in those areas.

Job Creation.

Martin Ferris

Question:

202 Deputy Martin Ferris asked the Minister for Finance if he has examined ways in which to encourage persons who have investments abroad to redirect their investments into the domestic economy in order to compensate for falling foreign direct investment; and if he will make a statement on the matter. [15647/09]

Ireland will continue to be successful in securing investment and job creation, whether by domestic or foreign investors, if the overall climate for investment is favourable in comparison to other countries. This Government through its policies, including the development of a relatively low taxation regime for business, has created an attractive environment for investment. Significant additional support continues to be made available to investors, primarily through agencies under the auspices of the Department of Enterprise, Trade and Employment such as the IDA, Enterprise Ireland and Science Foundation Ireland, which encourage investment, by both domestic and foreign investors.

Tax Collection.

Bernard J. Durkan

Question:

203 Deputy Bernard J. Durkan asked the Minister for Finance when a P45 will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15650/09]

I have been advised by the Revenue Commissioners that Form P45 is issued by the employer and not by Revenue. On the 23rd March 2009 Revenue wrote to the employer regarding the matter. As no reply was received, and in the absence of receiving Form 45 from the employer, Revenue has decided to contact the taxpayer to obtain this information. The employer will also be contacted again in an effort to finalise this matter.

Departmental Staff.

Paul Kehoe

Question:

204 Deputy Paul Kehoe asked the Minister for Finance the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15672/09]

Under the Civil Service Sick Leave Regulations, sick leave for single or two-day absences in total not exceeding seven days in any period of twelve months may be granted without a medical certificate. If the number of day's absence without medical certificate in any period of twelve months, reckoning backwards from the date of the latest absence, exceeds seven in the aggregate, the staff member may face disciplinary measures e.g. loss of annual leave/pay.

Regular monitoring of the number of uncertified sick days taken by each individual is carried out throughout the year. For those staff members who have taken 5 days uncertified sick leave over any period of twelve months, a notification is issued by the Human Resources Unit to the staff member via their supervisor advising them that they are approaching the limits which are used as the thresholds in relation to access to promotion, payment of increments, eligibility to transfer, etc. It must be emphasised that in no circumstances can an individual take more than 7 days uncertified sick leave in any twelve month period.

Year

Total Number of staff serving in the Department (full-time & part time)

Total Number of Staff Members on Uncertified Sick Leave

Total Number of Days Uncertified Sick Leave

Average Number of days

2007

691

296

569.69

1.92

2008

672

285

617.30

2.17

2009*

666

95

138.00

1.45

*Please note the figures for 2009 are up to 31 March.

While the Deputy's concern with absences before or immediately after a weekend is understood, it is possibly important to realise that many of the Department's staff are employed on less than a full time basis e.g. split week. Accordingly the significance of Monday/Friday absences may be less than otherwise would be the case. In the timescale given, it is not possible to identify the number of sick days taken on a Friday or Monday in each of the years concerned. However, the Deputy may wish to know that the Comptroller & Auditor General is currently undertaking an examination on Managing Sickness Absences in the Civil Service.

Individual instances of sick leave (uncertified and certified) are in certain situations referred to the Chief Medical Officer for the Civil Service, who is independent in the implementation of his functions. The Chief Medical Officer has however, recommended that repeated short term absences should, in the first instance at least, be dealt with through normal internal management procedures.

Pension Provisions.

Michael McGrath

Question:

205 Deputy Michael McGrath asked the Minister for Finance if his attention has been drawn to the fact that part-time fire-fighters, who are not members of a pension scheme, are being charged the public sector pension levy; and if he will make a statement on the matter. [15708/09]

Those part-time or retained firefighters who are not members of the Local Government Superannuation Scheme are eligible for a payment in lieu in the form of a non-contributory retirement gratuity arrangement. The pension-related deduction also applies to those eligible for such a payment. However, in the recent Supplementary Budget, I announced a change to the structure of the deduction which will exempt the first 15,000 euro of earnings. This should benefit retained firefighters, especially those with no other public service employment.

Questions No. 206 answered with Question No. 185.

Departmental Staff.

Michael D'Arcy

Question:

207 Deputy Michael D’Arcy asked the Minister for Finance his views on reallocating staff from other Departments and agencies to the Money Advice and Budgeting Service in an attempt to alleviate the workload currently being experienced by MABS personnel in offices here due to the economic downturn; and if he will make a statement on the matter. [15760/09]

In the light of constraints on the public finances and the need to maximise the use of resources, it is necessary to develop appropriate redeployment mechanisms so that staff can be moved from activities which are no longer priority to areas of greater need. In my Supplementary Budget 2009 I stated that I intended to allocate and redeploy staff in the civil service to areas of highest priority.

In relation to the allocation of staff to MABS, which is not part of the civil or public sector, it is a matter for the parent Department, in consultation with my Department, to establish the priority areas in this context, the appropriate level of resources needed and how they might be provided.

Tax Code.

Róisín Shortall

Question:

208 Deputy Róisín Shortall asked the Minister for Finance the amount of tax foregone by the State in the past three years for which figures are available in respect of the off-setting of rental income against mortgage interest on foreign property with a breakdown by commercial and non-commercial property, and with a breakdown by property location. [15793/09]

I assume that the Deputy is enquiring about the amount of tax forgone by allowing interest relief on borrowings to finance the purchase, improvement or repair of foreign property to be set off as an expense against the rental income from that property.

I am advised by the Revenue Commissioners that as personal income tax returns of foreign rental income are not required to separately identify claims for interest relief from claims for other expenses such as repairs, insurance and management expenses there is, therefore, no statistical basis on which they can provide an estimate of cost relating to the amounts of interest relief involved.

Questions Nos. 209 and 210 answered with Question No. 188.

National Assets Management Agency.

Joe Costello

Question:

211 Deputy Joe Costello asked the Minister for Finance the talks he had engaged in with the EU Commission or Central Bank prior to the supplementary Budget on 7 April; if the EU had given approval or encouragement for the establishment of the National Assets Management Agency; if the EU had given approval for State aid for the initiative; and if he will make a statement on the matter. [15879/09]

On 25 February 2009, the European Commission provided guidance on the treatment of asset relief measures by member states. The Commission considers that a common European approach is presently needed to deal with the treatment of impaired assets, to make sure that foreseeable losses are disclosed and properly handled and banks can use their capital to resume their normal function of lending to the economy instead of fearing they would need this capital to cushion against possible losses. Guidelines were also issued by the European Central Bank on bank asset support measures.

The National Asset Management Agency (NAMA) initiative announced on 7 April will be developed and implemented within the common EU framework detailed in the European Commission Guidance and guidelines issued by the European Central Bank.

My officials have already started the cooperation with the European Commission to ensure that the design and the implementation of the NAMA proposal will be consistent with EU requirements. The measure will be formally notified to the European Commission under State aid rules in due course.

Joe Costello

Question:

212 Deputy Joe Costello asked the Minister for Finance if funding of the National Assets Management Agency will constitute part of the national debt; if he has consulted with the EU Commission on this matter; and if he will make a statement on the matter. [15880/09]

In the Supplementary Budget I announced the formation of a National Asset Management Agency (NAMA), which will operate as an independent commercial entity under the aegis of the National Treasury Management Agency (NTMA). As I mentioned in the Supplementary Budget speech, assets will be transferred from the banks to the Agency with the purpose of ensuring that the banks have a clean bill of health, their balance sheets strengthened and uncertainty over bad debts is reduced. This will underpin a sustained flow of credit on a commercial basis to individuals, households and businesses in the real economy.

The assets will be acquired by the issuing of Government Bonds to the banks. While this will result in a significant increase in gross national debt, this will be offset by the value of the assets purchased. The cost of servicing the debt will be met from the income accruing from the purchased assets, and the debt incurred will be repaid from funds raised from the eventual disposal of the assets. Discussions are ongoing with the European Commission in relation to the issues surrounding the establishment of NAMA.

Financial Institutions Support Scheme.

Joan Burton

Question:

213 Deputy Joan Burton asked the Minister for Finance if he, the Central Bank or the Financial Regulator have given instructions to the management at Anglo Irish Bank with respect to the treatment of distressed loans; if the treatment of distressed loans and debtors has changed since the issuance of the bank guarantee on 30 September 2008; and if he will make a statement on the matter. [15897/09]

Anglo Irish Bank is being run on an arms length commercial basis. Consequently, normal commercial decisions, which include those relating to treatment of distressed loans and debtors and overall credit management and control, are a matter for the Board of Anglo. As with other credit institutions, the Financial Regulator supervises Anglo's credit management processes in line with regulatory requirements.

The terms of the guarantee Scheme did not provide for specific changes to the treatment of distressed loans and debtors of covered institutions, but, as the Deputy will be aware, a range of reporting and commercial conduct requirements were introduced as part the guarantee Scheme, to ensure compliance with the objectives of the Scheme, and as with all covered institutions, Anglo is subject to these.

I would note that the terms applying to debtors of Anglo Irish Bank were unaffected by the introduction of the guarantee Scheme, or the subsequent taking into public ownership of Anglo. As I have stated previously, as with any commercial bank, Anglo will pursue all loan agreements to their full extent, to maximise the return from the bank's loan book.

I would also note that as part of the Government's Bank Customers Package, codes of practice on business lending and mortgage arrears have been put in place on a statutory basis and published by the Financial Regulator to ensure that all banks operating here deal in an honest way with customers and consumers and that they are treated in a reputable and respectable fashion.

National Assets Management Agency.

Joan Burton

Question:

214 Deputy Joan Burton asked the Minister for Finance if loans at Anglo Irish Bank are to be included in the remit of the National Assets Management Agency; and if he will make a statement on the matter. [15898/09]

The position on the inclusion of loans at Anglo Irish Bank in the remit of the National Asset Management Agency will be considered having regard to Anglo's particular circumstances and the business planning process currently under way. All actions in relation to Anglo will be closely co-ordinated with the initiatives being taken in relation to the sector as a whole.

Anglo will remain as a going concern, being run on an arms length commercial basis. The Government has committed to further support measures for Anglo as necessary, consistent with EU State aid requirements.

Departmental Expenditure.

Joan Burton

Question:

215 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the 10% reduction in all expenses other than mileage rates, as announced by him in his 7 April 2009 budget speech; when he expects this measure to take effect; and if he will make a statement on the matter. [15899/09]

Joan Burton

Question:

216 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the discontinuance of long service payments or increments for serving TDs, as announced by him in his 7 April 2009 budget speech; when he expects this measure to take effect; and if he will make a statement on the matter. [15900/09]

Joan Burton

Question:

218 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the discontinuance of the arrangement whereby Oireachtas Members who are on paid leave of absence as teachers can keep the difference between their teachers’ salary and the cost of employing a replacement, as announced by him in his 7 April 2009 budget speech; when he expects this measure to take effect; and if he will make a statement on the matter. [15902/09]

Joan Burton

Question:

219 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the 50% reduction in allowances paid to Oireachtas committee chairs, as announced by him in his 7 April 2009 budget speech; when he expects this measure to take effect; and if he will make a statement on the matter. [15903/09]

Joan Burton

Question:

220 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the discontinuance of payments to whips and vice-chairs of Oireachtas committees; when he expects this measure to take effect; and if he will make a statement on the matter. [15904/09]

Joan Burton

Question:

221 Deputy Joan Burton asked the Minister for Finance the progress made with reducing the number of Oireachtas committees; when he expects these reductions to take effect; and if he will make a statement on the matter. [15905/09]

I propose to take Questions Nos. 215, 216 and 218 to 221, inclusive, together.

Work on the various issues raised by the Deputy is progressing. In some instances legislation is required. It is expected that the initiatives in question will be implemented during this Dáil term.

Pension Provisions.

Joan Burton

Question:

217 Deputy Joan Burton asked the Minister for Finance if he has taken action or put in place measures to effect the discontinuance of the arrangement whereby former Ministers are paid ministerial pensions while they are still Members of the Oireachtas, as announced by him in his 7 April 2009 budget speech; when he expects this measure to take effect; and if he will make a statement on the matter. [15901/09]

It will be necessary to change the relevant legislation to give effect to this measure. My Department is in consultation with the Office of the Attorney General on the matter.

Questions Nos. 218 to 221, inclusive, answered with Question No. 215.

Departmental Staff.

Joan Burton

Question:

222 Deputy Joan Burton asked the Minister for Finance when he will publish details of the public service early retirement scheme for public servants aged 50 years or over as announced in his 7 April 2009 budget speech; and if he will make a statement on the matter. [15906/09]

Joan Burton

Question:

224 Deputy Joan Burton asked the Minister for Finance his views on whether the public service early retirement scheme for public servants aged 50 years or over, as announced in his 7 April 2009 budget speech, could undermine certain areas such as the gardaí, by encouraging many skilled senior staff to retire early without adequate replacements; and if he will make a statement on the matter. [15908/09]

I propose to take Questions Nos. 222 and 224 together.

Details of the recently announced Incentivised Scheme of Early Retirement, ISER, in certain areas of the public service were outlined in Annex D of my Financial Statement of 7 April last. Officials of my Department are finalising the operating details of the Scheme for the civil service. The civil service circular, which will be issuing very shortly, will be used as a template for the operation of the Scheme in other appropriate areas of the public service, although there may have to be modifications to accommodate the particular needs of those areas.

In general, the Scheme will be subject to local management arrangements and controls to ensure that its operation does not undermine the effective delivery of services to the public. The Scheme will not apply to members of An Garda Síochána or where any other arrangements for early retirement already exist. In addition, it will not apply where the recently announced moratorium on recruitment and promotion allows retiring staff to be replaced.

Official Engagements.

Joan Burton

Question:

223 Deputy Joan Burton asked the Minister for Finance the position regarding his tour of financial capitals to restore Ireland’s international reputation; the number of elected representatives and civil servants who accompanied him on this trip; the steps that were taken to ensure that costs for the trip were minimised in view of the challenging Exchequer position; and if he will make a statement on the matter. [15907/09]

As I indicated in my Budget speech, I intend to visit financial capitals around Europe in order to communicate details of the resolute actions being taken by the Government to address the difficulties in the public finances and the domestic banking sector, but I have not yet done so. I did, as part of my St Patrick's Day engagements in London, meet with representatives of the financial services industry and the financial services media in order to outline the Government's determination to address the current difficulties. On that occasion, I was accompanied for part of the visit by my Private Secretary, two officials from my Department and an official from the National Treasury Management Agency.

Question No. 224 answered with Question No. 222.

Tax Code.

Joan Burton

Question:

225 Deputy Joan Burton asked the Minister for Finance the reason, in view of the fact that he admitted shortly before the 7 April 2009 budget that the 0.5% increase in the VAT rate in October 2008 had been a failure, he did not take the opportunity in the supplementary budget to reverse this measure; and if he will make a statement on the matter. [15909/09]

As the Deputy is aware, the 0.5% increase in the standard VAT rate from 21% to 21.5% was introduced in the 2009 Budget as part of a general package of revenue-raising measures to fund key public services. The UK Government, as part of a fiscal stimulus package, then reduced their standard VAT rate from 17.5% to 15% on a temporary basis with effect from 1 December 2008 to 31 December 2009.

It would appear that the timing of Ireland's VAT increase, given the subsequent temporary reduction in the UK rate, may have sent the wrong signal to consumers. However, given the current Exchequer deficit position, the Budget 2009 policy decision of increasing the VAT rate continues to be necessary in order to support the public finances.

We are borrowing to fund day to day public services which is unsustainable as future generations will be required to pay higher taxes unless we correct our public finances. As a small open economy, many of our standard rated goods are imported, and cutting the VAT rate could benefit the economies from which we import more than our own. In other words, while, it might help the consumer, it would not be the most effective way of helping our own economy.

Financial Institutions Support Scheme.

Joan Burton

Question:

226 Deputy Joan Burton asked the Minister for Finance the progress with the recapitalisation or other action with a building society (details supplied); and if he will make a statement on the matter. [15910/09]

The building society to which the Deputy refers is covered under the Government's guarantee scheme. This has led to increased scrutiny and oversight of the operations of the building society and to increased engagement with its management including with regard to the institution's capital position.

As the Deputy will be aware, the Government announced on 7 April 2009 its intention to establish a National Asset Management Agency (NAMA). Assets will be transferred from participating institutions to NAMA with the purpose of ensuring that relevant institutions have a clean bill of health, their balance sheets are strengthened and uncertainty over bad debts is reduced.

The Government will consider the position of relevant institutions on an individual basis in the light of the proposed establishment of NAMA, the capital requirements of the institutions concerned and the requirement to protect the position of the taxpayer. In bringing forward the necessary legislation to establish NAMA and the details that will govern its operation, further discussions will be undertaken with the relevant institutions including the institution referred to by the Deputy where its participation in NAMA and its future capital position will be discussed.

Joan Burton

Question:

227 Deputy Joan Burton asked the Minister for Finance the progress made with the recapitalisation or other action with a building society (details supplied); and if he will make a statement on the matter. [15911/09]

The building society to which the Deputy refers is covered under the Government's guarantee Scheme. This has led to increased scrutiny and oversight of the operations of the building society and to increased engagement with its management including with regard to the institution's capital position.

As the Deputy will be aware, the Government announced on 7 April 2009 its intention to establish a National Asset Management Agency (NAMA). Assets will be transferred from participating institutions to NAMA with the purpose of ensuring that relevant institutions have a clean bill of health, their balance sheets are strengthened and uncertainty over bad debts is reduced.

The Government will consider the position of relevant institutions on an individual basis in the light of the proposed establishment of NAMA, the capital requirements of the institutions concerned and the requirement to protect the position of the taxpayer. In bringing forward the necessary legislation to establish NAMA and the details that will govern its operation, further discussions will be undertaken with the relevant institutions including the institution referred to by the Deputy where its participation in NAMA and its future capital position will be discussed.

Joan Burton

Question:

228 Deputy Joan Burton asked the Minister for Finance the progress made with the recapitalisation or other action with a bank (details supplied); and if he will make a statement on the matter. [15912/09]

The bank to which the Deputy refers is covered under the Government's guarantee Scheme. This has led to increased scrutiny and oversight of the operations of the institution and to increased engagement with its management including with regard to the institution's capital position.

As the Deputy will be aware, the Government announced on 7 April 2009 its intention to establish a National Asset Management Agency (NAMA). Assets will be transferred from participating institutions to NAMA with the purpose of ensuring that relevant institutions have a clean bill of health, their balance sheets are strengthened and uncertainty over bad debts is reduced. The Deputy will be aware that the institution in question is in a strong capital position and is not subject to the same level of concern in relation to asset quality as other institutions.

However, the Government will consider the position of relevant institutions on an individual basis in the light of the proposed establishment of NAMA, the capital requirements of the institutions concerned and the requirement to protect the position of the taxpayer. In bringing forward the necessary legislation to establish NAMA and the details that will govern its operation, further discussions will be undertaken with the relevant institutions including the institution referred to by the Deputy where its participation in NAMA and its future capital position will be discussed.

Joan Burton

Question:

229 Deputy Joan Burton asked the Minister for Finance his views on suggestions from the credit union sector that credit unions contribute to Exchequer funding needs through the placement of surplus funds through the National Treasury Management Agency as investments; and if he will make a statement on the matter. [15913/09]

I would like to draw to the Deputy's attention that it is open to credit unions to invest in government bonds, which are issued by the National Treasury Management Agency. Government bonds are fixed-term, fixed-rate investment instruments which are part of the National Debt.

Financial Services Regulation.

Joe Costello

Question:

230 Deputy Joe Costello asked the Minister for Finance the legal provisions for the transfer of cash to a bank outside this jurisdiction; the restrictions on transfer of this cash back to Ireland; if his attention has been drawn to the fact that finance companies (details supplied) facilitate such transactions; if this may constitute money laundering under the act; and if he will make a statement on the matter. [15915/09]

Any person who carries on the business of money transmission is subject to the money laundering provisions of the Criminal Justice Act 1994 and accordingly is required to identify their customers, keep records, train staff and report suspicious transactions to the Garda Síochána and to the Revenue Commissioners. Money transmitters are also subject to EU Regulation 1781/2006 which requires that money transfers be accompanied by the identity of the sender including name, address and account number. These money laundering requirements would also apply to any transfer of funds back to Ireland provided that the institution making the transfer is located in another EU Member State or in a country which has implemented the relevant recommendations of the Financial Action Task Force on money laundering — the main international anti money laundering organisation.

Whether or not any particular transfer of funds by a money transmission business involves money laundering would be a matter for investigation by the Garda Síochána and ultimately for judgement by the Courts.

Money transmitters are required to be authorised by the Financial Regulator under the Central Bank and Financial Services Authority of Ireland Act 2004. The authorisation process involves the application of a "fit and proper" test to the persons directing the business. The Financial Regulator conducts ongoing supervision of authorised businesses to ensure that they meet the requirements of the money laundering and terrorist financing provisions of the Criminal Justice Acts.

Pension Provisions.

Joe Costello

Question:

231 Deputy Joe Costello asked the Minister for Finance when he proposes to approve the new RTÉ pension scheme, the 50/50 risk sharing scheme; the reason for the delay; and if he will make a statement on the matter. [15916/09]

The Minister for Communications, Energy and Natural Resources has primary responsibility for matters relating to RTÉ, including its pension schemes. However I have a role because of my responsibility for public service pension policy and for public service expenditure generally.

Under the terms of the Broadcasting Authority Act 1960 (as amended) RTÉ pension schemes and arrangements are subject to the approval of the Minister for Communications, Energy and Natural Resources with the concurrence of the Minister for Finance. This is similar to the provisions normally used when establishing a State body.

My understanding is that late last year a new pension arrangement of a hybrid defined benefit/defined contribution scheme was proposed and was agreed to by Management and Unions. The details of this new arrangement, including a draft Scheme, were submitted to the Department of Communications, Energy and Natural Resources seeking Ministerial approval and consent, as required under the governing legislation. This correspondence was also copied to my Department by RTÉ.

Examination of a pension scheme is a complex and detailed exercise. In addition the use of hybrid schemes in the public sector is a relatively new development. My officials are in discussion and consultation with officials in the Department of Communications, Energy and Natural Resources regarding the examination of the new RTÉ hybrid scheme and will endeavour to progress matters as soon as possible.

Denis Naughten

Question:

232 Deputy Denis Naughten asked the Minister for Finance if he will furnish a reply to a commitment given in the Houses of the Oireachtas on 25 February 2009 to provide the figures on the cost of including low paid workers within the pension levy; if he will explain the way he could evaluate the matter as marginal on that date and yet be unable to furnish the figures requested within two months; and if he will make a statement on the matter. [15922/09]

I can inform the Deputy that I have now written to him about this matter. The new public service pension-related deduction was introduced earlier this year. As you know, this was done by the Financial Emergency Measures in the Public Interest Act 2009 which was signed into law on 27 February 2009. The recent Supplementary Budget changed the pension-related deduction to ameliorate its effect on lower paid public servants.

During the Committee stage debate on this Bill in the Dáil, you raised the issue of public servants who might now qualify for means tested benefits as a result of paying the deduction. Our debate on that occasion made clear the need to introduce the pension-related deduction in the light of the severe budgetary constraints we are experiencing taking account of the nature and quality of public service pension terms generally.

The means tests for FIS purposes and for medical card qualification take into account the pension-related deduction for public servants. A quantification of public servants who may have means slightly above the current income thresholds is not possible but the number is not estimated to be of such a scale as to call into question the impact on the Exchequer. The recent Supplementary Budget change will also reduce any effect on these means tests qualifications.

Financial Services Regulation.

Ciaran Lynch

Question:

233 Deputy Ciarán Lynch asked the Minister for Finance if it is his intention to make provision to assist fixed rate mortgage holders who are required to pay a substantial penalty when changing to a variable rate mortgage; and if he will make a statement on the matter. [15925/09]

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 obtaining the 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, which was published in December 2007, the Mortgage Industry and Consumer 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.

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 mortgage and it would not be advisable to embark on any course of action which could impact adversely on the cost and availability of fixed rate mortgages in the future.

On 26 March 2009, I undertook, in this House, to contact the Consumer Director of the Financial Regulator on the subject of customers who wish to switch from a fixed rate mortgage. On foot of that my Department has contacted the Financial Regulator to request confirmation that the redemption costs for switching from a fixed rate mortgage cover funding costs only and that there are no other costs included in these charges. The Financial Regulator has confirmed to my Department that it is looking into this matter and that it will revert shortly. I will advise the Deputy of the outcome of the Financial Regulator's consideration of this matter.

Tax Code.

Róisín Shortall

Question:

234 Deputy Róisín Shortall asked the Minister for Finance if he will confirm that if a person who is eight years into their first time buyer mortgage trades up to another home they can avail of tax relief on their mortgage interest for a further seven years on their new mortgage loan. [15953/09]

The position is that mortgage interest tax relief, through the tax relief at source system, would be granted at the appropriate rate of relief for a period of 7 years where, in the circumstances outlined, a new loan is taken out on a newly purchased home. In the circumstances described, the person would now be classified as a non first time buyer and therefore would qualify for relief at a rate of 15% on the first €3,000 of interest paid per individual or €6,000 in the case of a married couple.

Róisín Shortall

Question:

235 Deputy Róisín Shortall asked the Minister for Finance if he will clarify his recent statement that he intends abolishing mortgage interest relief; the date from which this will take effect; and if existing recipients of the relief will be affected by this change. [15954/09]

I assume the Deputy is referring to my budget speech on 7th April where I outlined the Government's decision in relation to Mortgage Interest Relief for principal private residences. While this relief has not been abolished, with effect from 1st May 2009, its availability will be restricted to the first seven years of any qualifying loan. I also stated that, as house prices fall, the provision of Mortgage Interest Relief will be kept under review with a view to eventual abolition. The Commission on Taxation are reviewing this, along with the rest of the taxation system, and I expect to receive their recommendations later this year.

Should any future decision be taken to abolish Mortgage Interest Relief, those taxpayers that already have qualifying loans will continue to have access to the relief until the 7 year limit is reached.

Inter-Country Adoptions.

Pat Breen

Question:

236 Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to the decision by the Russian Federal Ministry of Education not to accept documents from adoptive parents with a home study or post-place commitment from a list of ten providers; the implications of this decision for parents who have already applied; if she will expedite the outstanding post place reports to assist in this matter; and if she will make a statement on the matter. [15085/09]

Jim O'Keeffe

Question:

240 Deputy Jim O’Keeffe asked the Minister for Health and Children the reason the ten Health Service Executive regions were added to the list of home study providers blacklisted by the Government of the Russian Federation on 3 April 2009; and the steps being taken to ensure that the concerns expressed by the Russian authorities are dealt with from the point of view of inter-country adoptions. [15341/09]

I propose to take Questions Nos. 236 and 240 together.

Post placement reports in relation to adoption are a requirement of a number of countries that send children to be adopted by Irish applicants. While there is no statutory basis for such reporting, the Health Service Executive has, and continues to, facilitate the preparation of such reports.

The Office of the Minister for Children and Youth Affairs has been in touch with the Health Service Executive to clarify the situation in relation to any such list of outstanding reports. The Health Service Executive has confirmed that reports continue to be supplied from all regions and that the Executive is following up in respect of reports which may be completed but not yet transmitted. However, it should be noted that responsibility for the translation and the transmission of the completed reports, in respect of children adopted from the Russian Federation, rests with the applicants.

Health Service Staff.

James Reilly

Question:

237 Deputy James Reilly asked the Minister for Health and Children if she will report on proposed bonuses for management in the Health Service Executive and in particular a proposed bonus for the chief executive officer of the HSE; if a bonus has been proposed; the amount of same; if it has been approved by him and the board of the HSE; if it will be awarded; when it will be awarded; and if she will make a statement on the matter. [15212/09]

James Reilly

Question:

262 Deputy James Reilly asked the Minister for Health and Children if she will report on proposed bonuses for management in the Health Service Executive; the proposed bonuses to senior management and in particular a proposed bonus for the chief executive officer of the HSE; if a bonus has been proposed; the amount of same; if it has been approved by her, the board of the HSE and the Department of Finance; if it will be awarded; when it will be awarded; and if she will make a statement on the matter. [15211/09]

I propose to take Questions Nos. 237 and 262 together.

It is a matter for the board of the HSE to review annually the matter of performance related award payments to the CEO and a number of senior managers in accordance with the contractual provisions applicable to the individuals involved and the provisions of the approved arrangements which govern these matters. The HSE has advised me that no determination has been reached in relation to such matters and no proposals in relation to such bonuses are currently scheduled for consideration by the Board of the HSE.

Child Abuse.

Pat Breen

Question:

238 Deputy Pat Breen asked the Minister for Health and Children her plans to introduce a 24-hour child protection service; and if she will make a statement on the matter. [15213/09]

The Government and the HSE remain committed to the development of a comprehensive needs-based service for children at risk. Minister Andrews has personally chaired regular meetings between officials from his Office and senior child welfare and protection managers in the HSE aimed at improving the provision of services to children at risk. A key component of these discussions has been the provision of out of hours care.

In this context, the HSE is now putting in place a standardised national system whereby Gardaí can access an appropriate place of safety for children found to be at risk out of hours under Section 12 of the Child Care Act 1991. This service will conform with Child Care Regulations and with the National Foster Care Standards. The provision of this service aims to ensure that children presenting as ‘at risk' outside of normal working hours are provided with an appropriate emergency place of safety thereby reducing or eliminating social admissions of children in an acute hospital setting. Foster families are currently being recruited with a view to commencing the service on or before 1 June 2009.

In addition, and instead of developing a stand alone social work out of hours service, it has been agreed to develop alternative proposals based on a more integrated approach which builds on the HSE's existing out of hours services including GPs, acute hospital services and mental health services. This should provide a more effective and integrated service by using existing resources and strengthening the links between services such as mental health and social work to appropriately address incidents occurring outside usual working hours. The aim is to ensure that persons seeking personal social services outside normal working hours can be provided with appropriate advice, information, support and, in emergency situations, access to specialist staff, such as staff working in the areas of mental health and suicide prevention.

Inter-Country Adoptions.

Michael D. Higgins

Question:

239 Deputy Michael D. Higgins asked the Minister for Health and Children the position regarding inter-country adoption, in particular such adoptions between Ireland and Vietnam; the status of the agreement between the two countries; the status of persons who had been on the list of adoption before the initial agreement was terminated; the position in this matter; and if she will make a statement on the matter. [15309/09]

Fergus O'Dowd

Question:

268 Deputy Fergus O’Dowd asked the Minister for Health and Children her views on correspondence (details supplied); and if she will make a statement on the matter. [15235/09]

Alan Shatter

Question:

285 Deputy Alan Shatter asked the Minister for Health and Children the progress made to date in effecting a new bilateral adoption agreement with Vietnam; and if she will make a statement on the matter. [15300/09]

Alan Shatter

Question:

301 Deputy Alan Shatter asked the Minister for Health and Children if a delegation of officials from her Department will travel to Vietnam before the expiration on 1 May 2009 of the bilateral adoption agreement between Ireland and Vietnam to discuss the putting in place of a new bilateral agreement; when such a delegation will travel to Vietnam; if such a delegation will be accompanied by representatives from the Irish Adoption Board; and if she will make a statement on the matter. [15511/09]

I propose to take Questions Nos. 239, 268, 285 and 301 together.

Ireland offered to provide the Vietnamese Authorities with the text of a draft agreement as a basis for negotiations. A draft Bi-lateral Agreement for Inter-country Adoption was delivered on 6 March, 2009, through the Department of Foreign Affairs, to the Vietnamese Authorities for their consideration. On 2 April, 2009, the Vietnamese Government invited a delegation from Ireland to visit Vietnam to discuss the provisions of the draft Bi-Lateral Agreement provided. The Irish delegation will travel to Hanoi on the week commencing on 20 April, 2009 (the earliest opportunity provided to meet with the relevant Vietnamese Ministries) for an intensive round of discussions on this draft Bi-lateral Agreement.

The delegation will be led by the Office of the Minister for Children who will be assisted in discussions by the Adoption Board. Channels for international discussions between Ireland and other jurisdictions are a matter for the Minister for Foreign Affairs. Discussions will be facilitated and guided locally by the Irish Embassy in Hanoi.

I would like to again reiterate my personal commitment, and the commitment of the Government, to conclude an agreement with Vietnam. As the Deputy will be aware, Ireland has a long and positive relationship with Vietnam, but I must also emphasise the need to respect the authority of that jurisdiction, having regard to the sensitive nature of discussions regarding inter-country adoption. The work to prepare for and advise the Government on this issue and the implementation of the Government's decisions is being given the highest priority. These are complex matters that require careful consideration. At all times, the Minister and the Government, and officials advising them, are guided by the need to respect and protect the best interests and rights of the child.

Question No. 240 answered with Question No. 236.

Mental Health Services.

Andrew Doyle

Question:

241 Deputy Andrew Doyle asked the Minister for Health and Children if there is an inter-departmental working group or committee working on the reinvestment of funds received from the disposal of mental health hospitals. [15447/09]

Andrew Doyle

Question:

300 Deputy Andrew Doyle asked the Minister for Health and Children if consultation with the Department of Finance on the Health Service Executive priority mental health projects to be funded from the sale of psychiatric hospitals has taken place; the percentage of the funds realised through the sale of psychiatric hospitals to be returned to mental health care services; the alternative care programme, its cost and funding for the patients of St. Loman’s Hospital and Newcastle Hospital; and if she will recruit a national director of mental health services. [15449/09]

I propose to take Questions Nos. 241 and 300 together.

‘A Vision for Change' the Report on the Expert Group on Mental Health recommended that a plan to bring about the closure of all psychiatric hospitals should be drawn up and implemented, and that the resources released by these closures should be re-invested in the new mental health service infrastructure requirement. The Departments of Finance and Health and Children have agreed in principle to the release of the proceeds of the disposal of properties prior to 2006 for reinvestment in mental health capital development. The arrangements for property disposal require Department of Finance approval in each case, the lodging of the proceeds as Exchequer Extra Receipts and the re-Voting of the funds for approved projects. Disposals to date amount to over €42m and a submission detailing the projects to be funded from these disposals was received from the HSE on 12 February last. At a meeting between officials from my Department and the HSE to discuss the matter, it was agreed that the HSE would forward a revised submission to my Department and this is expected shortly.

In relation to the recruitment of a National Director of Mental Health Services, the Health Service Executive has responsibility for determining the composition of its staffing complement. However, it has been made clear to the HSE on a number of occasions, most recently by the Independent Monitoring Group in its annual report published this week, that the most effective way to bring about the implementation of ‘A Vision for Change' would be for a senior person to be assigned at national level with specific responsibility for delivering on reform in the mental health services.

Health Services.

Charles Flanagan

Question:

242 Deputy Charles Flanagan asked the Minister for Health and Children the number of refuge places for victims of domestic violence here annually for the past five years; the location of these places; and the funding allocated to each centre annually for the past five years. [15472/09]

Charles Flanagan

Question:

243 Deputy Charles Flanagan asked the Minister for Health and Children the progress made on mandating the Health Service Executive to ensure sexual assault treatment centres are established in all regions, with on-call staffing; and the number of sexual assault centres nationwide. [15473/09]

I propose to take Questions Nos. 242 and 243 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Inter-Country Adoptions.

Ciaran Lynch

Question:

244 Deputy Ciarán Lynch asked the Minister for Health and Children if the forthcoming Adoption Bill will provide for the continuance of the bilateral agreement with Vietnam and the introduction of bilateral agreements with Russia and Ethiopia; if there will be provision for an inter-country adoption agency; the measures that will be adopted to reduce the delay in the assessment of applications by adoptive parents; and if she will make a statement on the matter. [15839/09]

Finian McGrath

Question:

344 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [15851/09]

I propose to take Questions Nos. 244 and 344 together.

The Adoption Bill, 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, was published on 23 January, 2009. A core principle of the Hague Convention is that inter-country adoption should be child-centred — that is, in all stages of the process, the child's interests must be paramount. Legislating for inter-country adoption is essential to give protection to children during the process of adoption. The Hague Convention has put in place the equivalent of a contract between States to regulate the standards that will apply in each jurisdiction. It is an additional safeguard for a receiving country like Ireland regarding the standards that are being applied in the sending country, over which we have no jurisdiction. As a receiving country, it is especially important to have some confidence in the process of consent to the adoption, the status of the child as adoptable and a guarantee of no improper financial gain from the process.

I firmly believe that legislation and, specifically, the regime of the Hague Convention provide an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. As such, it is our intention that inter-country adoptions will now meet the standards of the Hague Convention.

Under the proposed new legislative regime, prospective adoptive parents will be able to adopt from countries that have ratified the Hague Convention, and from those countries with which Ireland has a bilateral agreement based on Hague standards. As part of the preparations for the likely passage and entry into force of these new legislative arrangements, my Office has been liaising with the Department of Foreign Affairs to identify and negotiate with countries that continue to seek homes abroad for children in need of alternative care which cannot be provided domestically. We are working actively to assess the possibilities of entering into bi-lateral agreements with a small number of countries, including Ethiopia and the Russian Federation.

As regards the Russian Federation, my Office is undertaking preparatory work to consider the contents of such an agreement, including anticipating the likely requirements of the Russian Federation. While every effort will be made to conclude a bi-lateral agreement with countries from which children have traditionally been adopted by Irish applicants, in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the Governments of these sovereign States.

However, at this point in time, it is my priority to endeavour to ensure that an international bi-lateral agreement with Vietnam is put in place as soon as possible, to maintain the continuity of arrangements between Ireland and Vietnam in relation to inter-country adoption. In this regard, I am pleased to inform the House that an Irish delegation is currently in Hanoi — the earliest opportunity provided to meet with the relevant Vietnamese Ministries — for an intensive round of discussions on this draft Bi-lateral Agreement. The delegation is being led by the Office of the Minister for Children and Youth Affairs, who will be assisted in discussions by the Adoption Board. Ireland has a long and positive relationship with Vietnam, but I must also emphasise the need to respect the authority of that jurisdiction, having regard to the sensitive nature of discussions regarding inter-country adoption.

As the Deputy is aware, requests for assessment for inter-country adoption are continuously increasing. The Study on Inter-country Adoption, undertaken by the Children's Research Centre in Trinity College, revealed that Ireland has one of the highest rates for inter-country adoption in Europe. It is against this background that the Office of the Minister for Children and Youth Affairs is continuing to work to create the appropriate legislative, policy and administrative frameworks that will ensure a well regulated regime of adoption.

A family that wishes to adopt should be recognised beforehand as being able to promote, safeguard and support the development and well-being of a child in need of adoption in a lasting manner. However, it is acknowledged that persons applying for inter-country adoption are experiencing delays as regards waiting times for assessment, and that there are also concerns regarding the standardisation of the service across the country.

It should be noted that the increasing numbers of children adopted from abroad create additional pressures on inter-country adoption teams within the HSE. This is because these same teams provide post-adoption reports to the sending countries, at the request of those countries, with the agreement of the adoptive parents. This is an important component in the willingness of countries to consider Irish applicants for adoption. It is also important to note that subsequent to undergoing an assessment with the HSE, and to receiving the Declaration of Eligibility and Suitability from the Adoption Board, applicants must then wait before receiving a referral for a child from the sending country. The waiting times for referral are outside the jurisdiction of both the HSE and the Adoption Board and are dependant on the regulations that each individual country has with regard to inter-country adoption. I would like to assure you that attention is being given to this issue by the Office of the Minister for Children and Youth Affairs, and reiterate the importance of a rigorous and effective assessment system that is provided on a timely, fair and transparent basis.

Tax Code.

Róisín Shortall

Question:

245 Deputy Róisín Shortall asked the Minister for Health and Children the types of income on which the health levy is currently payable; and the types of income that are currently exempt from the health levy. [15936/09]

The health levy is payable on all income other than that earned by those

earning less than €500 per week/€26,000 per year

who have a medical card or its EU equivalent

under 16 years

over 70 years

in receipt of certain categories of social welfare payments (i.e. survivor's pension, widows (non-contributory) pension, deserted wife's benefit and allowance, death benefit pension and one parent family payment)

The basis on which contributions are levied is set out in the Health Contributions Act, 1979 as amended. On foot of the recent Supplementary Budget the Social Welfare Bill 2009 contains provisions to increase the rate of contribution. The current rate of contribution is 2% of gross income up to €1,925 per week or €100,100 per annum and 2.5 % on the balance of income in excess of those amounts in a contribution year. With effect from 1 May, subject to the legislation being enacted, the new rates to be applied are 4% of gross income up to €1,443 per week or €75,036 per annum and 5% on the balance of income in excess of those amounts in a contribution year.

Health Services.

Finian McGrath

Question:

246 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [15094/09]

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.

Child Care Services.

Mary Upton

Question:

247 Deputy Mary Upton asked the Minister for Health and Children if she will address the concerns of the community child care workers (details supplied); and if she will make a statement on the matter. [15114/09]

The Community Child care Subvention Scheme (CCSS) is implemented under the National Childcare Investment Programme (NCIP) 2006 -2010 for which I have responsibility. With regard to the proposals received by the Deputy in relation to the CCSS, the following is the position. The objective of both the previous support schemes under the Equal Opportunities Childcare Programme (EOCP), and the CCSS, has been to provide funding to community child care services to enable them to charge reduced fees to disadvantaged and low income parents. Under the previous scheme, participating services were required to charge tiered fees based on ability to pay, however, many of them did not implement this requirement. Under the CCSS, specific subvention rates have been set with 3 categories of parents benefiting from subvented fee rates and parents who do not qualify for subvention paying the full economic cost of their child care places(s). Neither scheme provides for core funding and to do so would be discriminatory vis-à-vis commercial child care providers who cannot benefit from the scheme.

The CCSS is a targeted scheme available only to services provided in community child care facilities, and the Deputy's proposal to set Band C eligibility by reference to the average industrial wage would, therefore, be discriminatory to the majority of parents using commercial child care services and who are not benefiting from the scheme. Also eligibility by reference to the average industrial wage would require services to seek details of parents' earnings whereas the CCSS is based on existing means tested criteria which include receipt of social welfare payment, family income supplement (FIS) or having a GP visit or Medical Card. Eligibility for the medical and GP visit cards takes account of factors relevant to disadvantage and low income, and is considered a reasonable basis on which to set the upper threshold at which parents qualify.

As the CCSS is a publicly funded support scheme for community services targeted at low income and disadvantaged parents, it is necessary that it is based on clear and transparent criteria which measure the actual level of service provision as well as the level of disadvantage of the parents availing of the participating service. A discretionary scheme would not meet these requirements. The CCSS also assists services in ensuring that they operate on the basis of a sustainable business model based on a fee structure which is appropriate to their actual operating costs.

It should be noted that funding provided under the previous EOCP scheme amounted to €37 million in 2007. Funding provided under the CCSS amounted to €52m in 2008, and is expected to increase to €56m in 2009. The September 2008 service returns indicated that there had been a significant increase in the number of children attending services, not just in the disadvantaged cohort, but also among middle and upper-income families. As there is no prospect of additional funding being provided to increase the current subvention rates an increase in the Band C subvention rate would require a reduction in either the Band A rate, the Band B rate or a combination of both.

To co-ordinate the provision of quality child care training a new Workforce Development Plan is being developed by the Early Education Unit in my Office. This will have a positive impact on the career paths of child care workers and should help retain personnel in the child care sector. The recent Budget announcement of the introduction of a free pre-school year in early childhood care and education (ECCE) from January next will also help to sustain thousands of jobs in the child care sector. The scheme will provide a capitation grant of over €2,400 to participating services.

Tom Hayes

Question:

248 Deputy Tom Hayes asked the Minister for Health and Children the position in the case of a child care group (details supplied) in County Tipperary which has applied for funding. [15120/09]

Tom Hayes

Question:

249 Deputy Tom Hayes asked the Minister for Health and Children when funding will be made available to a community playgroup (details supplied) in County Tipperary; and if she will make a statement on the matter. [15129/09]

I propose to take Questions Nos. 248 and 249 together.

Both of the queries raised by the Deputy relate to grant funding under the National Childcare Investment Programme (NCIP) 2006 -2010, which is implemented by my Office with the assistance of Pobal.

As the Deputy may be aware, the finalisation of the latest portfolio of capital grant applications, under the NCIP, was delayed pending the introduction of the recent Supplementary Budget. Following decisions in the budget the capital allocation now available for 2009/2010 will meet existing capital grant commitments but will not be sufficient to allow for the approval of any additional grant applications. It is therefore not possible to approve the capital grant application for the group referred to by the Deputy at this time. My Office will be writing to the group shortly to advise them of this outcome.

In relation to the Deputy's query in regard to funding under the Community Childcare Subvention Scheme (CCSS), also under the NCIP, I understand that the group in question has been advised that it's funding allocation for 2009 is €20,000 and that Pobal is in the process of making the quarterly payment.

Health Services.

Finian McGrath

Question:

250 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [15133/09]

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

Hospital Services.

Finian McGrath

Question:

251 Deputy Finian McGrath asked the Minister for Health and Children if there are plans to move rheumatology services from Our Lady’s Hospital, Manorhamilton, County Leitrim to Sligo General Hospital (details supplied); and if she will make a statement on the matter. [15134/09]

The HSE indicates that replies issued to the Deputy in relation to this issue on 7 and 17 April 2009 and that the position has not changed in the interim.

Hospital Accommodation.

Joe Carey

Question:

252 Deputy Joe Carey asked the Minister for Health and Children if she will report on the bed capacity in relation to each category of patient over the past five years for hospitals (details supplied); and if she will make a statement on the matter. [15136/09]

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

Hospital Services.

Joe Carey

Question:

253 Deputy Joe Carey asked the Minister for Health and Children the number of applicants awaiting placement for long stay in hospitals (details supplied); and if she will make a statement on the matter. [15137/09]

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

Medicinal Products.

Joe Costello

Question:

254 Deputy Joe Costello asked the Minister for Health and Children the way she will ensure that the ban on happy pills is implemented and enforced; if she has written to the head shops which sell these pills informing them of the new statutory instrument; if she has contacted the Garda regarding seizing the existing supply of pills which are illegal; and if she will make a statement on the matter. [15138/09]

Caoimhghín Ó Caoláin

Question:

297 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009 is effective immediately; the steps that have been taken to notify retailers of the change in the law and to secure compliance; the arrangements in place with An Garda Síochána to ensure same; and if she will make a statement on the matter. [15411/09]

I propose to take Questions Nos. 254 and 297 together.

On 31 March 2009, Benzylpiperazine (BZP), one of the so-called ‘party' or ‘happy pills' available for sale in ‘head shops' was declared a controlled drug under the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009. This means that the possession and sale of BZP are now illegal. A press release issued from my Department on 31 March and there was considerable media coverage of the ban on BZP.

Head shops possessing supplies of BZP must dispose of those stocks or risk prosecution under the Misuse of Drugs Acts. Enforcement of this measure is a matter for the Gardaí who have powers under the Misuse of Drugs Acts to search premises and to seize supplies of BZP which have not been disposed of.

The Gardaí were kept informed both of the impending control of BZP prior to 31 March and also of the Government's decision taken on that day.

Health Services.

Phil Hogan

Question:

255 Deputy Phil Hogan asked the Minister for Health and Children if she will continue home support for children suffering from autism; and if she will make a statement on the matter. [15174/09]

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.

Paul Nicholas Gogarty

Question:

256 Deputy Paul Gogarty asked the Minister for Health and Children if she will provide a copy of the orthodontic guidelines for children under 16 seeking non-routine dental treatment. [15194/09]

The Guidelines referred to by the Deputy were developed by The Orthodontic Review Group established by the Health Service Executive in 2006.

As the implementation of the new guidelines is the responsibility of the Executive, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Traveller Community.

James Reilly

Question:

257 Deputy James Reilly asked the Minister for Health and Children the moneys and resources in the letters of allocation to the Health Service Executive, the Eastern Regional Health Authority and former health boards in relation to Traveller health development from 1998 to 2008; the cost centres the moneys were allocated to in the HSE, ERHA and former health boards; the name of the cost centres; if the moneys were used year on year; the amount currently allocated to Traveller health; and if she will make a statement on the matter. [15198/09]

Allocations to the former health boards and the Eastern Regional Health Authority in relation to Traveller health for the years 1998 to 2005 are presented in the following table. These development funds are in addition to the ongoing current expenditure on Traveller health.

Health Board/Authority

Year

1998

1999

2000

2001

2002

2003

2004

2005

Total

€m

Eastern/ ERHA

0.344 (IR£0.271m)

0.309 (IR£0.243m)

0.343 (IR£0.270m)

0.249

0.221

0.298

1.764

Midland

0.116 (IR£0.091m)

0.126 (IR£0.099m)

0.140 (IR£0.110m)

0.101

0.077

0.104

0.664

Mid Western

0.067 (IR£0.053m)

0.126 (IR£0.099m)

0.137 (IR£0.108m)

0.152 (IR£0.120m)

0.111

0.083

0.112

0.788

North Eastern

0.051 (IR£0.040m)

0.103 (IR£0.081m)

0.103 (IR£0.081m)

0.114 (IR£0.090m)

0.286

0.070

0.094

0.821

North Western

0.051 (IR£0.040m)

0.060 (IR£0.047m)

0.046 (IR£0.036m)

0.051 (IR£0.040m)

0.037

0.054

0.073

0.372

South Eastern

0.067 (IR£0.053m)

0.103 (IR£0.081m)

0.103 (IR£0.081m)

0.114 (IR£0.090m)

0.083

0.094

0.127

0.691

Southern

0.067 (IR£0.053m)

0.136 (IR£0.107m)

0.149 (IR£0.117m)

0.165 (IR£0.130m)

0.120

0.095

0.129

0.861

Western

0.067 (IR£0.053m)

0.156 (IR£0.123m)

0.171 (IR£0.135m)

0.190 (IR£0.150m)

0.138

0.121

0.163

1.006

Total

0.371 (IR£0.292m)

1.143 (IR£0.900m)

1.143 (IR£0.900m)

1.270 (IR£1.000m)

1.125

0.815

1.100

6.967

Allocations of €2 m and €1m were made to the HSE for the years 2006 and 2007 respectively and no additional development funding was allocated in 2008.

As the remainder of the information sought in the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Nursing Education.

Michael Creed

Question:

258 Deputy Michael Creed asked the Minister for Health and Children if the recently advertised postgraduate degree in public health nursing (details supplied) is available to non-Health Service Executive staff; and if she will make a statement on the matter. [15203/09]

As the Health Service Executive has responsibility for the sponsorship arrangements for Student Public Health Nurses this matter has been referred to the Executive for direct reply.

Mental Health Services.

Olwyn Enright

Question:

259 Deputy Olwyn Enright asked the Minister for Health and Children her views on bringing forward a cross-departmental action plan regarding the implementation of A Vision for Change; and if she will make a statement on the matter. [15205/09]

In January 2008, the Government established the Office for Disability and Mental Health as a cross-cutting Government Office with a remit across four Government Departments: Health and Children, Education and Science, Enterprise, Trade and Employment and Justice, Equality and Law Reform. The Office was assigned four key priorities one of which is to bring a new impetus to the implementation of ‘ A Vision for Change’ working in partnership with the HSE and other stakeholders including other Government Departments to achieve implementation of agreed targets. The Office aims to bring about improvements in the manner in which services respond to the needs of people with disabilities and mental health difficulties, by working to develop person-centred services, focusing on the holistic needs of clients and service users and actively involving them in their own care.

Bilateral meetings with officials from other Government Departments to discuss progressing recommendations in ‘A Vision for Change’ and ‘Reach Out’ are taking place within this context.

Health Services.

Róisín Shortall

Question:

260 Deputy Róisín Shortall asked the Minister for Health and Children the level of service provided to a child (details supplied) in County Louth; the reason this service falls short of that available to other children with similar disabilities; and if she will ensure that sufficient funding is made available in order to ensure that this child receives appropriate support. [15208/09]

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.

Bullying in the Workplace.

James Reilly

Question:

261 Deputy James Reilly asked the Minister for Health and Children the amount of legal fees and costs and damages incurred in respect of 2005, 2006, 2007, 2008 and to date in 2009 by her Department on human resources issues specifically bullying; the amount of the largest claim incurred or settled in that period; the amount incurred on legal fees and costs and damages by the Health Service Executive on human resources issues specifically bullying for these years; the amount of the largest claim incurred or settled in that period; and if she will make a statement on the matter. [15210/09]

The Chief State Solicitor's Office provides my Department with legal advice. The costs arising from the provision of such advice are met directly by that Office. In the years referred to by the Deputy, my Department did not pay any damages in respect of bullying.

As the information requested by the Deputy in respect of the Health Service Executive is not available in my Department, my Department has accordingly referred that part of the question to the Executive for attention and direct reply.

Question No. 262 answered with Question No. 237.

Hospital Services.

Ulick Burke

Question:

263 Deputy Ulick Burke asked the Minister for Health and Children the additional space per hospital ward and theatre that has been put in place at University College Hospital Galway since it has been designated as a centre of excellence; if she or the Health Service Executive west has made provision for the recruitment of additional medical and nursing staff to cater for the extra work load in providing specialist cover; the additional funding that has been provided for the delivery of extra services at UCHG as it is now a designated centre of excellence; and if she will make a statement on the matter. [15222/09]

The matters raised by the Deputy relate to the provision of healthcare services and accordingly, I have asked the HSE to respond directly to the Deputy on the matters.

Ambulance Service.

Michael D. Higgins

Question:

264 Deputy Michael D. Higgins asked the Minister for Health and Children the number of calls for private ambulances processed on behalf of privately insured patients in Health Service Executive facilities through ambulance control rooms in the mid-western, western and north western regions of the national ambulance service, and to which private ambulance companies these were allocated; the number of calls to each company for the period January 2007 to 1 April 2009; and if she will make a statement on the matter. [15224/09]

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

Nursing Homes Repayment Scheme.

Michael Ring

Question:

265 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be awarded payment under the health repayment scheme. [15230/09]

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

Hospital Accommodation.

Damien English

Question:

266 Deputy Damien English asked the Minister for Health and Children when a bed will be made available for a person (details supplied) in County Meath at the National Rehabilitation Hospital in Dún Laoghaire; and if she will make a statement on the matter. [15231/09]

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

Mental Health Services.

Deirdre Clune

Question:

267 Deputy Deirdre Clune asked the Minister for Health and Children if her attention has been drawn to the fact that the waiting time for child and adolescent mental health services in the south Lee area, Cork, is three years; the steps she will take to address this issue; and if she will make a statement on the matter. [15232/09]

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

Question No. 268 answered with Question No. 239.

Health Services.

Catherine Byrne

Question:

269 Deputy Catherine Byrne asked the Minister for Health and Children the cost of chiropody services for elderly patients; if they are obliged to pay a top-up fee to their chiropodist; and if she will make a statement on the matter. [15237/09]

Catherine Byrne

Question:

270 Deputy Catherine Byrne asked the Minister for Health and Children the cost of chiropody services for patients with mental disabilities; if they are obliged to pay a top-up fee to their chiropodist; and if she will make a statement on the matter. [15238/09]

I propose to take Questions Nos. 269 and 270 together.

As the Deputy's questions relate to a service matter they have been referred to the Health Service Executive for direct reply.

Health Service Transport.

Catherine Byrne

Question:

271 Deputy Catherine Byrne asked the Minister for Health and Children the number of vehicles owned by the Health Service Executive for transporting patients with disabilities; the cost of this service to the HSE, including the cost of paying drivers; the number of HSE staff members or care assistants that must be on board each vehicle to accompany each patient; and if she will make a statement on the matter. [15239/09]

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.

Care of the Elderly.

Catherine Byrne

Question:

272 Deputy Catherine Byrne asked the Minister for Health and Children if she operates a scheme to provide house accessories and fittings for the elderly or infirm; the amount of money allocated for this scheme each year; the number of people who have received this allowance in 2008 and 2009; and if she will make a statement on the matter. [15241/09]

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

Departmental Expenditure.

Catherine Byrne

Question:

273 Deputy Catherine Byrne asked the Minister for Health and Children the amount of money spent on taxis for transporting patients in 2008 and to date in 2009; and if she will make a statement on the matter. [15242/09]

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

Health Services.

Catherine Byrne

Question:

274 Deputy Catherine Byrne asked the Minister for Health and Children the number of children undergoing orthodontic treatment which is paid for by the State; the number of children on a waiting list for orthodontic treatment in Dublin, and countrywide; and if she will make a statement on the matter. [15243/09]

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

Hospital Services.

Tom Sheahan

Question:

275 Deputy Tom Sheahan asked the Minister for Health and Children when the unit for cystic fibrosis sufferers will commence construction at Cork University Hospital; and if she will make a statement on the matter. [15255/09]

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

Tom Sheahan

Question:

276 Deputy Tom Sheahan asked the Minister for Health and Children the reason Cork University Hospital has not employed an operator for the PET scanner at the hospital, in view of the fact that people are having to travel to Dublin to have this scan carried out; and if she will make a statement on the matter. [15256/09]

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

Hospitals Building Programme.

Tom Sheahan

Question:

277 Deputy Tom Sheahan asked the Minister for Health and Children the progress regarding the new hospital in Dingle, County Kerry; if the hospital and all its day services will be fully operational in 2009; and if she will make a statement on the matter. [15257/09]

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

Nursing Home Standards.

Jan O'Sullivan

Question:

278 Deputy Jan O’Sullivan asked the Minister for Health and Children the residential homes for older people under the Health Service Executive considered to be not up to the standards set in the Health Information and Quality Authority standards recently published; if she has information on the work which needs to be carried out to bring them up to standard; if there are plans to provide replacement beds rather than refurbish buildings in some cases; and if she will make a statement on the matter. [15263/09

In preparation for the introduction of the new national standards for residential care settings for Older People, the Health Service Executive has put in place a programme of preparation to ensure that its public facilities will be in a position to comply with the requirements of the standards. This preparation has focused on two particular areas to ensure that: policies, procedures and overall service are sufficient to meet the new standards; and the overall infrastructure is adequately developed on a phased basis.

The Executive established a Residential Standards National Reference Group which included Managers/Directors of Nursing of HSE residential facilities. Under the auspices of this group, each residential care setting is currently undertaking work to benchmark their facility against the standards in order to identify and address the deficits that can be addressed on a cost neutral basis. There are also formal implementation groups established across the four areas with the national group acting as a reference group to guide the work of the implementation groups at local level. The overall effort is to ensure preparation within the public facilities to comply with each of the 32 standards.

In some cases, additional investment will be required. In 2006, at the request of my Department, the Executive carried out an assessment of need for residential care for older people in preparation for both the impending standards and the National Development Plan 2009-2013. As part of this work, an assessment was undertaken to establish the extent to which existing public residential accommodation required replacement or refurbishment in the context of emerging standards, but also in the context of wider environmental and structural requirements including health & safety, fire and other criteria.

In terms of reconfiguration and development the focus of the HSE's programme is to target the highest priority locations in the first instance and progressing over time, within the resources available, to bring all our facilities up to the required standards. The Deputy will be aware that Standard 25 addresses the physical environment for all types of residential centres. A distinction is made between new and existing facilities. This provides a six year period for existing nursing homes, whether public, private or voluntary to meet certain infrastructural deficits, for example with regard to room sizes, the number of residents per room and usable floor space. The Chief Inspector has discretion to extend this timeframe where the provider and the Chief Inspector agree a written, explicit, costed plan with timescales to address these deficits.

The 2009 National Service Plan sets out its plan for the management and configuration of public long-term residential care services in the current year. The Service Plan identifies a requirement to reduce the number of long-term residential care beds in some parts of the country, particularly where there is a surplus and/or the standard of facilities is considered inadequate, and where it is necessary to address infrastructural deficits in order to meet health & safety and fire requirements, and the new standards. It also provides for a number of additional and replacement long-term residential care beds over the course of 2009. The latest information from the HSE indicates that 737 additional beds and 506 replacement beds will become operational during 2009. This includes beds being provided under the Capital Plan and beds being provided under the Fast-Track Initiative.

Health Services.

Niall Collins

Question:

279 Deputy Niall Collins asked the Minister for Health and Children the Health Service Executive’s plans for Bolands Meadow, Foynes, County Limerick; and if she will make a statement on the matter. [15272/09]

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

Medical Cards.

Niall Collins

Question:

280 Deputy Niall Collins asked the Minister for Health and Children if she will provide a schedule to the full range of allowances and entitlements a holder of a medical card can avail of; and if she will make a statement on the matter. [15282/09]

Full eligibility for health services is granted to persons who, in the opinion of the Health Service Executive are unable to provide general practitioner, medical and surgical services for themselves and their dependants without undue hardship. Under the Health Act 2008, persons aged 70 years and over are statutorily entitled to a medical card should their gross income not exceed €700 per week for a single person or €1,400 per week for a couple. Determination of an individual's eligibility status is the responsibility of the Health Service Executive.

Persons with full eligibility are entitled to general practitioner services, prescribed drugs, medicines and appliances, all in-patient public hospital services in public wards including consultant services, all out-patient public hospital services including consultant services, dental, ophthalmic and aural services and appliances, child health services, home nursing and a maternity and infant care service.

Other services such as allied health professional services may be available to medical card holders but are not based on a statutory entitlement. Medical card holders may also be entitled to free transport to school for children who live 3 miles or more from the nearest school, exemption from state examination fees in public second-level schools and financial help with buying school books. They are also exempt from paying the health levy and the income levy.

Hospital Services.

Deirdre Clune

Question:

281 Deputy Deirdre Clune asked the Minister for Health and Children the breakdown of the capital cost of transferring the specialist breast centre from Cork’s South Infirmary Victoria University Hospital to Cork University Hospital; and if she will make a statement on the matter. [15284/09]

Deirdre Clune

Question:

282 Deputy Deirdre Clune asked the Minister for Health and Children the anticipated annual running cost of Cork University Hospital’s new breast clinic; if the necessary funding has been put in place to ensure that the increased staffing and other running costs can be met; and if she will make a statement on the matter. [15285/09]

I propose to take Questions Nos. 281 and 282 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Assisted Human Reproduction.

Michael McGrath

Question:

283 Deputy Michael McGrath asked the Minister for Health and Children if she has plans to introduce legislation in respect of embryonic stem cell research in this country. [15291/09]

At present there is no legislation in Ireland governing the intervention in the natural process of creating human life; instead, medical practice is governed by guidelines issued by the Medical Council. My Department is developing an appropriate regulatory framework for the area of Assisted Human Reproduction, which will also encompass the area of human embryonic stem cell research. This work involves, inter alia, examining the approaches to regulation in other jurisdictions and considering the ethical and legal issues that arise. It will also take into account the report of the Joint Oireachtas Committee on Health and Children on this area — when completed — and any judgment of the Supreme Court in the RvR (frozen embryos) case.

Health Services.

Mary Upton

Question:

284 Deputy Mary Upton asked the Minister for Health and Children when a person (details supplied) in Dublin 12 will be provided with the necessary orthodontic treatment; and if she will make a statement on the matter. [15294/09]

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

Question No. 285 answered with Question No. 239.

Niall Blaney

Question:

286 Deputy Niall Blaney asked the Minister for Health and Children when the report on the national review of the Health Service Executive funded adult day services 2007 to 2008 will be published; and if she will make a statement on the matter. [15311/09]

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.

Cardiovascular Health Strategy.

Jimmy Deenihan

Question:

287 Deputy Jimmy Deenihan asked the Minister for Health and Children if she is satisfied that enough is being done to implement the cardiovascular health strategy; the number of its 211 recommendations that have been implemented to date; and if she will make a statement on the matter. [15313/09]

The Government has committed over €60 million since 2000 towards the implementation of the Cardiovascular Health Strategy, ‘Building Healthier Hearts'. This funding has supported a wide range of new services and initiatives which have had a positive impact on the diagnosis and treatment of patients with heart disease. An audit of progress on the implementation of the Strategy showed a continuing decline in cardiovascular disease.

However, given the many changes that have occurred since the strategy was launched in 1999, an updated policy on cardiovascular health, including stroke, was considered necessary to ensure that cardiovascular health continues to be a high priority for the health service. In September 2007, I established a Cardiovascular Health Policy Group to draw up a new policy framework for the development of all aspects of cardiovascular health, including stroke. It is expected that the report of the Group will be published by the end of June 2009.

Seán Connick

Question:

288 Deputy Seán Connick asked the Minister for Health and Children if she is committed to the work of local voluntary cardiac groups; the person in her Department who is responsible for co-ordinating these groups; and if she will make a statement on the matter. [15321/09]

The organisation, co-ordination and funding of voluntary cardiac groups is a matter for the Health Service Executive (HSE) and accordingly I have referred the Deputy's question to the HSE for direct reply.

The Health Promotion Policy Unit of my Department is responsible for policy matters in relation to cardiovascular health, and in particular, the development of a new Cardiovasculaar Health Strategy.

Hospitals Building Programme.

Seán Connick

Question:

289 Deputy Seán Connick asked the Minister for Health and Children when funding will be released to a hospital (details supplied) in County Wexford to allow completion of phase 2 of building works; and if she will make a statement on the matter. [15322/09]

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

Mental Health Services.

Dan Neville

Question:

290 Deputy Dan Neville asked the Minister for Health and Children the details of all applications for property-related accelerated capital allowance schemes in relation to mental health centres. [15335/09]

While it is the responsibility of the Health Service Executive to certify that the qualifying conditions specified for eligibility for capital allowances for mental health centres have been met, it is a matter for the Revenue Commissioners to determine entitlement to any such capital allowances. In the circumstances the Deputy may wish to address his query to the Revenue Commissioners.

Health Services.

Finian McGrath

Question:

291 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied) in Dublin 5. [15349/09]

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

Proposed Legislation.

Finian McGrath

Question:

292 Deputy Finian McGrath asked the Minister for Health and Children the position regarding a matter (details supplied). [15350/09]

The Bill referred to by the Deputy has completed Committee Stage in the Dáil. It is the Minister's intention to progress the legislation through the Houses of the Oireachtas with a view to implementing the scheme in the second half of 2009. Unfortunately it is not possible to give a more specific timeframe at present.

Question No. 293 withdrawn.

Health Services.

Caoimhghín Ó Caoláin

Question:

294 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason a person (details supplied) is to be moved from a centre on a full-time basis. [15399/09]

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.

Medical Cards.

Michael Ring

Question:

295 Deputy Michael Ring asked the Minister for Health and Children the position regarding application forms for medical cards (details supplied). [15406/09]

The Health Service Executive (HSE) has the operational responsibility for the General Medical Services (GMS) Scheme which includes the medical card and GP visit card benefits. The policy of the HSE is to have application forms for medical cards and GP visit cards widely available. Application forms should be available at: Health Centres; Local Health Offices; Community Information Centres; GP Surgeries; Department of Social and Family Affairs Local Offices; Money Advice and Budgeting Services (MABS) Offices; Other designated areas as appropriate.

If the Deputy would like to provide more details on the cases concerned, the Executive will investigate the matter further.

Health Services.

Paul Connaughton

Question:

296 Deputy Paul Connaughton asked the Minister for Health and Children if it is proposed to increase the funding to an organisation (details supplied) in 2009; if her attention has been drawn to the fact that as a result of budgetary cutbacks many services have had to be cut; and if she will make a statement on the matter. [15409/09]

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.

Question No. 297 answered with Question No. 254.

Hospital Services.

Dan Neville

Question:

298 Deputy Dan Neville asked the Minister for Health and Children the number of patients treated or admitted from St. Michael’s Unit, South Tipperary General Hospital, Clonmel and St. Luke’s Hospital, Clonmel, County Tipperary to accident and emergency units or admitted to general hospitals; the reason for such treatment and admissions; and the details regarding the care and welfare of such patients for the past ten years. [15436/09]

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

Tobacco-Related Diseases.

Andrew Doyle

Question:

299 Deputy Andrew Doyle asked the Minister for Health and Children if she has conducted a regulatory impact analysis on the effects of the costs incurred on foot of implementing the regulations governing the display of cigarettes in convenience stores and local newsagents; and her views on alternative regulations that would be less costly to implement for the small retailers. [15448/09]

The measures in question were provided for in legislation enacted by the Oireachtas in 2002 and confirmed again by Government and the Oireachtas in 2004 prior to the Government's decision of 21 June 2005 that Regulatory Impact Analysis (RIA) should be carried out on all proposals for primary legislation.

I do not believe that these measures, which will come into effect on 1 July next, will impose onerous obligations on tobacco retailers.

Question No. 300 answered with Question No. 241.
Question No. 301 answered with Question No. 239.

Nursing Homes Repayment Scheme.

Michael Ring

Question:

302 Deputy Michael Ring asked the Minister for Health and Children the number of claims, fully processed but not awarded under the health repayment scheme on a county basis in tabular form; and when these claims will be awarded. [15521/09]

Michael Ring

Question:

306 Deputy Michael Ring asked the Minister for Health and Children the number of claims pursuant to a scheme (details supplied) that are outstanding; and the reason they are not being finalised and awarded. [15526/09]

Michael Ring

Question:

326 Deputy Michael Ring asked the Minister for Health and Children if all applications made under a scheme (details supplied) have been finalised; and is she will provide this Deputy with a full and complete breakdown of the cost of this scheme to date. [15736/09]

Michael Ring

Question:

327 Deputy Michael Ring asked the Minister for Health and Children if a scheme pursuant to an Act (details supplied) is near completion; and if she will make a statement on the matter. [15737/09]

Michael Ring

Question:

328 Deputy Michael Ring asked the Minister for Health and Children the initial timeframe for a scheme (details supplied); and the estimated timeframe for completion of this scheme. [15738/09]

Michael Ring

Question:

329 Deputy Michael Ring asked the Minister for Health and Children the reason there are cases outstanding under a scheme (details supplied) in view of the length of time the cases are being dealt with. [15739/09]

I propose to take Questions Nos. 302, 306 and 326 to 329, inclusive, together.

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

The scheme was launched in August 2006 and it was envisaged that the timeframe for the scheme would be 2/3 years. Since the commencement of the scheme approximately 35,000 applications have been received by the Scheme Administrator. To date 33,600 applicants have now either received an offer of repayment or have had their application rejected. As a result, there are in the region of 1,400 claims to be processed and it is anticipated the vast majority of these claims will be processed over the coming weeks. It should be noted that repayments offered cannot be paid until the statutory 28 day period for appeal has elapsed and a completed acceptance form has been returned to the Scheme Administrator. In addition, claimants who receive offers must be given the opportunity if they so wish, to appeal the Scheme Administrator's decision.

The Scheme is progressing as speedily as possible and every effort is being made to settle the remaining claims as quickly as possible. However, there are a number of different factors which have affected the length of time it takes to process a claim. A very high number of deficiencies have appeared on claim forms which must each be rectified before they can be processed. Over 13,500 estates who have lodged claims to date did not have a grant of representation, as required by law, and the Scheme Administrator has had to establish probate before the claim can be progressed. All relevant facilities around the country have had to be visited to review and retrieve their records of payment. The format in which this information was stored varied widely between institutions and usually included a mixture of paper files, handwritten files and computer files.

In regard to the cost of the scheme, a total of €393.7m has been expended to date on the Health Repayment Scheme and a breakdown of the costs is as follows:

€m

Repayments to 31st March 2009

371.7

Overheads 2006

3.0

Overheads 2007

5.0

Overheads 2008

14.0

Total Expenditure

393.7

The number of claims fully processed but not yet awarded are as follows:

County

No. of Claims fully processed but not yet awarded

Armagh

1

Carlow

9

Cavan

4

Clare

19

Cork

79

Donegal

23

Dublin

118

Fermanagh

1

Galway

12

Kerry

16

Kildare

19

Kilkenny

7

Laois

6

Leitrim

8

Limerick

15

Longford

3

Louth

8

Mayo

18

Meath

9

Monaghan

4

Offaly

2

Roscommon

3

Sligo

18

Tipperary

10

Tyrone

2

Waterford

10

Westmeath

6

Wexford

7

Wicklow

13

Total

450

Mental Health Services.

Tom Hayes

Question:

303 Deputy Tom Hayes asked the Minister for Health and Children the average national waiting time for assessment by a child psychiatrist; the waiting time for patients in south Tipperary; the maximum time for assessment in south Tipperary at present; and if she will make a statement on the matter. [15523/09]

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

Health Services.

Tom Hayes

Question:

304 Deputy Tom Hayes asked the Minister for Health and Children the average national waiting time for assessment of a child by a speech and language therapist; the waiting time for children in south Tipperary; the maximum time for assessment of children in south Tipperary at present; and if she will make a statement on the matter. [15524/09]

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.

Tom Hayes

Question:

305 Deputy Tom Hayes asked the Minister for Health and Children the average national waiting time for assessment by an audiologist; the waiting time for patients in south Tipperary; the maximum time for assessment in south Tipperary at present; and if she will make a statement on the matter. [15525/09]

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

Question No. 306 answered with Question No. 302.

Tom Hayes

Question:

307 Deputy Tom Hayes asked the Minister for Health and Children the average national waiting time for an endoscopy; the waiting time for patients in south Tipperary; the maximum time on waiting lists in south Tipperary at present; and if she will make a statement on the matter. [15527/09]

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

Health Service Staff.

Billy Timmins

Question:

308 Deputy Billy Timmins asked the Minister for Health and Children the position regarding the case of persons (details supplied); and if she will make a statement on the matter. [15602/09]

Ruairí Quinn

Question:

337 Deputy Ruairí Quinn asked the Minister for Health and Children the reason she has instructed An Bord Altranais that no staff contracts are to be renewed as part of the moratorium on staff numbers in the public sector despite the fact that An Bord Altranais is entirely self-funded and receives no money from her Department; and if she will make a statement on the matter. [15795/09]

Michael Kennedy

Question:

347 Deputy Michael Kennedy asked the Minister for Health and Children the relationship between her Department and An Bord Altranais, particularly in respect of employment contracts, their conditions and their non-renewal; the role, financially, her Department and the Health Service Executive has in funding same; and if she will make a statement on the matter. [15892/09]

I propose to take Questions Nos. 308, 337 and 347 together.

An Bord Altranais (The Nursing Board), which was established under the Nurses Act, 1985, is the statutory regulatory body for nurses and midwives. The Board consists of 29 members, 17 of whom are elected by nurses and 12 appointed by the Minister, 2 of whom are representatives of the Department of Health and Children.

Under the Act the Minister has a range of functions in relation to the Board one of which, Section 17 (1), relates to the officers and servants of the Board "In addition to the Chief Executive Officer, there shall be appointed such and so many persons to be officers and servants of the Board, as the Board, with the consent of the Minister, from time to time determines."

The Act also provides that the Local Government (Superannuation) Act, 1956 applies to the Board and its officers and servants as if it were a local authority.

In addition to its statutory functions, the Board also administers the Nursing Careers Centre on behalf of the Health Services. For this purpose ongoing funding is provided by the HSE and the amount of this funding in 2007 was €600,000.

While the bulk of the Board's income is generated by fees paid by nurses and midwives, it is a statutory body whose staff have access to a public service pension scheme. It is thus covered by the recent Government decision that, with effect from the 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Therefore, when vacancies arise each agency must reallocate or reorganise work or staff accordingly.

In the case of the health sector, any exceptions to this principle, which will arise in very limited circumstances only, require the prior sanction of the Minister for Health and Children and the Minister for Finance.

Hospital Staff.

Jan O'Sullivan

Question:

309 Deputy Jan O’Sullivan asked the Minister for Health and Children when she expects the specialist consultants with expertise in adult and in paediatric cystic fibrosis to be appointed for the Mid-Western Regional Hospital, Limerick; and if she will make a statement on the matter. [15641/09]

Tom Hayes

Question:

319 Deputy Tom Hayes asked the Minister for Health and Children if the physiotherapist required by paediatric cystic fibrosis patients in Limerick Regional Hospital, who has been replaced since 2007, has been recruited. [15702/09]

I propose to take Questions Nos. 309 and 319 together.

In order to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or the payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts.

Arrangements have been put in place for the health sector that aim to ensure that key services are maintained insofar as possible and there will be flexibility in relation to the filling of key frontline posts for the following grades; Hospital Consultants, Speech and Language Therapist, Occupational Therapist, Physiotherapist, Clinical Psychologist, Behavioural Therapist, Counsellor, Social workers and Emergency Medical Technicians to allow for the continued development of integrated health care, particularly primary and community care, care of the elderly and people with disabilities.

The way in which the Government decision will be applied is a matter for the Health Service Executive. My Department has asked the HSE to reply to the Deputies in relation to the specific issues raised.

Medical Cards.

Jan O'Sullivan

Question:

310 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will clarify the areas of dental care that are available to people with a medical card; if it includes fillings that are considered necessary by the dentist; and if she will make a statement on the matter. [15642/09]

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

Bernard J. Durkan

Question:

311 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15662/09]

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

Departmental Staff.

Paul Kehoe

Question:

312 Deputy Paul Kehoe asked the Minister for Health and Children the number of uncertified sick days taken within all sections of her Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor’s opinion; and if she will make a statement on the matter. [15674/09]

The number of uncertified sick days taken by officers in my Department in 2007, 2008 and the first quarter of 2009 are 679.45, 522.42 and 139.23 respectively. These figures relate to general service grades (Assistant Secretary to Clerical Officer).

Under Circular 25/1978 an officer ". . .may be granted leave for one or two days without medical certificate, within a limit of seven days in the aggregate in any period of twelve months. . . ." Data is therefore not currently collated by my Department in respect of uncertified sick leave above seven days. If an officer exceeds the limit of seven days in any period of twelve months the excess is deducted from either his/her annual leave allowance (above statutory minimum), in the current year or in the following year, or a deduction is made from his/her salary. The following table shows the number of people who took between one and seven days uncertified sick leave in the calendar twelve months of 2007 and 2008.

Total number of uncertified sick days

Number of people in 2007 (headcount)

Number of people in 2008 (headcount)

0.5 – 1

97

84

1.5 – 2

98

89

2.5 – 3

41

30

3.5 – 4

33

26

4.5 – 5

21

11

5.5 – 6

7

2

6.5 – 7

2

3

Data is also not collated by my Department in respect of the days of the week on which officers take uncertified sick leave. However, the Office of the Comptroller & Auditor General undertook sick leave data analysis across several Government departments in 2008 and I understand that "day of the week" was one of the criteria examined. The findings and recommendations of the C & AG are awaited at this time.

Officers who are absent on certified sick leave for more than 4-6 weeks, depending on the condition, are routinely referred to the office of the Chief Medical Officer of the Civil Service (CMO) for review and advice. These referrals are solely based on a duty of care principle and should, in no way, be seen as a sanction or disciplinary action against an officer. In fact, the intervention and guidance of the CMO can often aid an officer's return to work after illness. The Human Resources Unit of my Department does not refer officers to the CMO in relation to uncertified sick leave. Rather, as provided for in Paragraph 12 of Circular 25/1978, a formal notification and reminder of the rules governing uncertified sick leave is sent to any staff member who reaches a total of 5 or more days uncertified sick leave in any "rolling" twelve month period. A copy of this letter is also forwarded to the officer's section head, for appropriate follow-up and management.

Medical Cards.

Thomas Byrne

Question:

313 Deputy Thomas Byrne asked the Minister for Health and Children the position regarding a medical card application by a person (details supplied) in County Meath. [15680/09]

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

Thomas Byrne

Question:

314 Deputy Thomas Byrne asked the Minister for Health and Children the status of a medical card for a person (details supplied) in County Meath. [15681/09]

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

Hospital Services.

Terence Flanagan

Question:

315 Deputy Terence Flanagan asked the Minister for Health and Children if she will provide a helipad at Beaumont Hospital, Dublin; if there is one, if she will advise about its usage; and if she will make a statement on the matter. [15689/09]

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

Health Service Executive Expenditure.

Sean Sherlock

Question:

316 Deputy Seán Sherlock asked the Minister for Health and Children the amount of money spent by the Health Service Executive on private security firms across the State for the years 2006 to 2008, inclusive, and to date in 2009, inclusive; and if she will make a statement on the matter. [15695/09]

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

Health Services.

Sean Sherlock

Question:

317 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite an application for shoes under the podiatry scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [15696/09]

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

Mental Health Services.

Tom Hayes

Question:

318 Deputy Tom Hayes asked the Minister for Health and Children the average national waiting time for assessment by an adult psychiatrist; the waiting time for patients in south Tipperary; the maximum time for assessment in south Tipperary at present; and if she will make a statement on the matter. [15701/09]

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

Question No. 319 answered with Question No. 309.

Medical Cards.

Michael McGrath

Question:

320 Deputy Michael McGrath asked the Minister for Health and Children her views on issuing a medical card in respect of a child (details supplied) in County Cork. [15710/09]

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

Michael Creed

Question:

321 Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on an application for a medical card by a person (details supplied) in County Cork. [15717/09]

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

Michael Creed

Question:

322 Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on a medical card application by a person (details supplied) in County Cork. [15718/09]

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

Hospital Services.

Michael Creed

Question:

323 Deputy Michael Creed asked the Minister for Health and Children when a person (details supplied) in County Cork will be called for an outpatient appointment; and if she will make a statement on the matter. [15720/09]

The management of out-patient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply.

Health Services.

Finian McGrath

Question:

324 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [15726/09]

The matter raised by the Deputy relates to the provision of health care services and accordingly, I have asked the HSE to respond directly to the Deputy on the matter.

Hospital Services.

David Stanton

Question:

325 Deputy David Stanton asked the Minister for Health and Children the way she will ensure that front-line services provided by nurses are protected in view of the moratorium on recruitment and promotion imposed on the HSE; and if she will make a statement on the matter. [15733/09]

In order to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Therefore when vacancies arise, each agency must reallocate or reorganise work or staff accordingly. In the case of the health sector, any exceptions to this principle, which will arise in very limited circumstances only, require the prior sanction of both the Minister for Health and Children and the Minister for Finance.

In order to ensure that essential front-line services provided by nurses and other health care professionals are maintained, the new employment control framework for the health sector provides for the redeployment of staff (and associated salary costs) within and across the hospital and primary, community and continuing care pillars, and from one institution to another to support the development of integrated care delivery.

The way in which the Government decision will be applied in the health sector is a matter for the Health Service Executive, and I have accordingly referred that part of the Deputy's question to the Executive for attention and direct reply.

Questions Nos. 326 to 329, inclusive, answered with Question No. 302.

Hospitals Building Programme.

Finian McGrath

Question:

330 Deputy Finian McGrath asked the Minister for Health and Children if she will clarify a matter (details supplied). [15744/09]

The next stage in the development of St. Vincent's Hospital will involve the building of a new ward block to replace existing accommodation. The new facility will include appropriate isolation facilities and accommodation for cystic fibrosis patients as required. This project has always been a priority for this Government. I am very pleased that we have found a way to allow the project to proceed to tender, so that it can be operational as early as possible in 2011.

Clinical and infrastructural needs at St. Vincent's will determine the configuration of beds across various specialties. There has been no upper limit placed by the hospital or the HSE on the allocation of beds to a particular specialty.

Health Services.

Finian McGrath

Question:

331 Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) will be supported. [15745/09]

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.

Child Care Services.

Caoimhghín Ó Caoláin

Question:

332 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views, in response to the funding difficulties that community child care groups are facing due to the changes introduced in the child care subvention scheme, on making additional supports available such as heating, electricity and rental assistance; and if she will make a statement on the matter. [15749/09]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme (NCIP) 2006-2010, under which the Community Childcare Subvention Scheme (CCSS) is being implemented.

Services participating in the CCSS receive annual funding on the basis of the number of qualifying parents recorded as using the service in a particular reference week, generally set in late September of each year. Services may apply mid-year to have their funding reviewed, where they believe they would benefit from additional funding as a result of having additional numbers of qualifying parents. In 2009, services have been advised that they should request a review by 26 March and that the reference week will be that ending on 10 April. Where a review results in an increased level of funding, this will be calculated with effect from 1 April.

The objective of both the previous support schemes under the Equal Opportunities Childcare Programme (EOCP), and the CCSS, has been to provide funding to community childcare services to enable them to charge reduced fees to disadvantaged and low income parents. Under the previous scheme, participating services were required to charge tiered fees based on ability to pay, however, many of them did not implement this requirement. Under the CCSS, specific subvention rates have been set with 3 categories of parents benefiting from subvented fee rates and parents who do not qualify for subvention paying the full economic cost of their childcare places(s). Neither scheme provides for core funding and to do so would be discriminatory vis a vis commercial childcare providers who cannot benefit from the scheme.

It should be noted that funding provided under the previous EOCP scheme amounted to €37 million in 2007. Funding provided under the CCSS amounted to €52m in 2008, and is expected to increase to €56m in 2009. The September 2008 service returns indicated that there had been a significant increase in the number of children attending services, not just in the disadvantaged cohort, but also among middle and upper-income families. As there is no prospect of additional funding being provided to increase the current subvention rates an increase in the Band C subvention rate would require a reduction in either the Band A rate, the Band B rate or a combination of both.

To co-ordinate the provision of quality childcare training a new Workforce Development Plan is being developed by the Early Education Unit in my Office. This will have a positive impact on the career paths of childcare workers and should help retain personnel in the childcare sector. The recent Budget announcement of the introduction of a free pre-school year in early childhood care and education (ECCE) from January next will also help to sustain thousands of jobs in the childcare sector. The scheme will provide a capitation grant of over €2,400 to participating services.

Health Services.

Caoimhghín Ó Caoláin

Question:

333 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she is proposing to engage a private company to take calls regarding at-risk children and then to nominate short-term foster families for them; if so, the name of the company; if she has sought the views of or discussed this proposal with children’s and human rights organisations; if her attention has been drawn to the fact that the Association of Garda Sergeants and Inspectors has described such a proposal as inappropriate; and if she will make a statement on the matter. [15755/09]

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

Hospital Accommodation.

Michael Ring

Question:

334 Deputy Michael Ring asked the Minister for Health and Children the number of beds at a facility (details supplied) in County Mayo that are being closed down. [15778/09]

Michael Ring

Question:

335 Deputy Michael Ring asked the Minister for Health and Children the bed capacity of a facility (details supplied) in County Mayo; and the bed capacity expected after staffing cuts are made. [15779/09]

Michael Ring

Question:

336 Deputy Michael Ring asked the Minister for Health and Children the number of staff being let go at a facility (details supplied) in County Mayo. [15780/09]

I propose to take Questions Nos. 334 to 336, inclusive, together.

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

Question No. 337 answered with Question No. 308.

Health Services.

Caoimhghín Ó Caoláin

Question:

338 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the assistance available to a person (details supplied) in Dublin 7 to obtain the drug Tysabri which they have been told is unavailable under the long-term illness scheme and which costs €3,000 a month. [15833/09]

The issue of access to the drug in question is being given consideration by the Health Service Executive (HSE). Arising from a recent review of neurology services a clinician led review group is to advise on how best to ensure that there is fair and equitable access to the drug and other agents used to treat the particular condition, taking account of clinical need, benefits and cost. The Group is to include patient representation.

My Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy on the specific case raised.

Health Service Staff.

Caoimhghín Ó Caoláin

Question:

339 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her attention has been drawn to the concern of a growing number of parents and the potential damage that can be inflicted on young children by her decision not to approve the recruitment of temporary cover speech and language therapists across the service in place of therapists on maternity or parental leave or other long-term absences; if she will lift the embargo on such temporary appointments; and if she will make a statement on the matter. [15834/09]

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

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. As this is a service matter it has been referred to the HSE for direct reply.

Health Services.

Caoimhghín Ó Caoláin

Question:

340 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the numbers on the waiting lists for initial assessments for children referred to the speech and language therapy services in each of the counties Cavan, Monaghan and Louth; the numbers in each case who have been waiting more than three months; the staffing levels and the actual in attendance levels in each of the speech and language therapy teams, that is excluding those on approved leave; if a staffing shortage exists; if steps will be taken to recruit temporary cover speech and language therapists across the named counties, to be followed by approval for further full-time appointments; and if she will make a statement on the matter. [15835/09]

Caoimhghín Ó Caoláin

Question:

341 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason a person (details supplied) in County Monaghan has not had their initial assessment by a speech and language therapist in the Louth service, having been listed for same since 25 August 2008; if her attention has been drawn to the fact that the County Louth speech and language therapy service, like the services in counties Cavan and Monaghan and throughout the State, is under staffed due to her ban on recruiting temporary replacement staff for therapists on maternity, parental or other longer-term leave; if she has informed herself of the efforts of those staff attempting to provide for the needs of all children referred to this service; the action she will take to address this deficiency in service provision that can have consequences for some children now and in later life; and if she will make a statement on the matter. [15836/09]

I propose to take Questions Nos. 340 and 341 together.

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

Youth Services.

Ruairí Quinn

Question:

342 Deputy Ruairí Quinn asked the Minister for Health and Children, further to Parliamentary Question No. 73 of 7 April 2009, if the national youth work advisory committee has completed its review of the 2003 to 2007 plan; when the new plan will be drawn up; and if she will make a statement on the matter. [15843/09]

The National Youth Work Advisory Committee is completing its review of the 2003 — 2007 National Youth Work Development Plan and has given initial consideration to possible next steps for the development of a new plan, having regard to current youth work policy and practice in Ireland. I understand that the Committee proposes to discuss the matter further with my Department and is at present considering the format of these discussions.

Patient Private Property Fund.

Denis Naughten

Question:

343 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question Nos. 95 and 96 of 26 February 2009, the position regarding the issues raised; and if she will make a statement on the matter. [15846/09]

The HSE is about to commence the calculation and refund of interest retained on Patient Private Property (PPP) funds invested since 2005. It is envisaged that the first payments will be made during May 2009. The HSE is continuing the validation of data on client balances to allow calculation of actual interest owed and assign that interest to existing client PPP accounts or arrange for the refund to be passed on directly to clients or their estate.

Question No. 344 answered with Question No. 244.

Care of the Elderly.

Billy Timmins

Question:

345 Deputy Billy Timmins asked the Minister for Health and Children the position regarding a person (details supplied) in County Wicklow who is in receipt of home help which has been reduced with the result that there is no weekend help; if same will be reversed and the previous times reinstated; and if she will make a statement on the matter. [15873/09]

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

Legislative Programme.

James Reilly

Question:

346 Deputy James Reilly asked the Minister for Health and Children when she expects the Nursing Homes Support Scheme Bill 2008 to come before Dáil Éireann for Report Stage; when she expects the legislative process on the Bill to be completed; if she will confirm that the required funding is in place in 2009 to implement the proposed provisions of the Bill; the amount of funding which has been provided for 2009 and estimated for 2010; and if she will make a statement on the matter. [15878/09]

The Minister envisages the Nursing Homes Support Scheme Bill 2008 commencing Report Stage in the Dáil as soon as possible. Thereafter, it is intended to progress the legislation through the Houses of the Oireachtas with a view to implementing the scheme in the second half of 2009. Unfortunately it is not possible to give a more specific timeframe at present.

Budget 2009 provided €55 million for the implementation of the Nursing Homes Support Scheme this year. As the Deputy is aware, in advance of the introduction of the scheme, a dedicated subhead for long-term residential care has been established (subhead B16). The total funding in the subhead for 2009 stands at €909 million. It is estimated that approximately €1 billion will be required for 2010.

Question No. 347 answered with Question No. 308.

Health Services.

Michael McGrath

Question:

348 Deputy Michael McGrath asked the Minister for Health and Children if a decision has been made on the provision of capital funding for a new health centre (details supplied) in County Cork. [15893/09]

As the Deputy's question relates to a service matter it has been referred to the Health Service Executive for direct reply.

Medical Aids and Appliances.

James Reilly

Question:

349 Deputy James Reilly asked the Minister for Health and Children if funding will be provided as soon as possible to purchase a wheelchair for a person (details supplied) in County Cork; and if she will make a statement on the matter. [15894/09]

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.

Health Services.

James Reilly

Question:

350 Deputy James Reilly asked the Minister for Health and Children the provision that has been put in place to provide speech and language therapy for a child (details supplied) in County Meath; the alternative arrangements that have been put in place to provide cover; when will this much needed service for this child will recommence; and if she will make a statement on the matter. [15895/09]

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.

Medical Cards.

James Reilly

Question:

351 Deputy James Reilly asked the Minister for Health and Children the amount that is used in the calculation of income regarding the assessment of income for an over 70 years medical card and in particular the calculation of interest on savings; and if she will make a statement on the matter. [15896/09]

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

Any savings and similar investments up to €36,000 (single)/€72,000 (couple) will be disregarded when assessing means and only interest from savings or similar investments above these figures will be considered as income. The relevant portion of savings and similar investments will be assessed on the income calculated at a notional interest rate (currently 5%), based on the prevailing interest rates at the time of application. The Health Service Executive's (HSE) Central Application Unit will review the notional rate on a quarterly basis.

Alternatively, where an applicant wishes to have the actual interest from savings/investments considered, then the HSE will apply this approach and use the most beneficial option in favour of the applicant, subject to submission of the appropriate certificates from the relevant institutions. In the case of "longer term" investment accounts, where the interest is only applied at the end of a fixed period, if the applicant so wishes, the HSE will only take account of the interest earned on the date the investment matures. Any calculation of interest is inclusive of Deposit Interest Retention Tax.

Frank Feighan

Question:

352 Deputy Frank Feighan asked the Minister for Health and Children the reason a person (details supplied) in County Leitrim is requested to refurnish all financial documents and so on to the Health Service Executive in order to obtain an over 70 years GMS card when these documents were sent to the local office in January 2009 and an acknowledgement of receipt received; if her attention has been drawn to the fact that original documents were sent and no copies were kept; and when a GMS card will issue to this person. [15918/09]

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

Health Services.

David Stanton

Question:

353 Deputy David Stanton asked the Minister for Health and Children the amount of money currently being spent on autism services here; and if she will make a statement on the matter. [15934/09]

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

Mental Health Services.

David Stanton

Question:

354 Deputy David Stanton asked the Minister for Health and Children the number of children and young people who have availed of psychiatric, psychological and other such support services outside the State in 2008; the number of such children and young people who are currently receiving such a service; the locations at which such services are being provided; the cost in 2008 of such services being provided; and if she will make a statement on the matter. [15937/09]

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

Services for People with Disabilities.

David Stanton

Question:

355 Deputy David Stanton asked the Minister for Health and Children, further to Parliamentary Question No. 190 of 2 December 2008, the progress which has been made by the Health Service Executive in the national review of autism services; if the timed work plan was completed by February 2009; if the report has been completed and will be available by summer 2009 as promised; and if she will make a statement on the matter. [15938/09]

As the Deputy is aware, the Health Service Executive previously stated in response to Parliamentary Question Reference No. 43461/08 that the review is to be finalised in 2009. I have arranged for the above question to be referred to the Health Service Executive to clarify the current position for the Deputy.

Medical Cards.

Michael Creed

Question:

356 Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on an application for a medical card by a person (details supplied) in County Cork. [15940/09]

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

Road Network.

Willie Penrose

Question:

357 Deputy Willie Penrose asked the Minister for Transport the impact the reduction in the roads programme announced in the 7 April 2009 budget will have in relation to Westmeath County Council and in particular in relation to the county roads programme; and if he will make a statement on the matter. [15789/09]

The improvement and maintenance of regional and local roads, in its area, is a statutory function of each individual local authority to be funded from its own resources supplemented by State road grants paid by my Department.

Following the Supplementary Budget of 7 April 2009, revised allocations were notified to local authorities on 14 April 2009, in respect of regional and local roads. The original allocation for Westmeath County Council was €17,748,365, the revised allocation for the Council is €13,941,365.

Port Authorities.

Thomas P. Broughan

Question:

358 Deputy Thomas P. Broughan asked the Minister for Transport if he will publish the 2007 Deloitte report into Shannon Foynes Port Company; the reason there has been a delay on publishing this report; if he has undertaken a wider investigation into the operation of the SFPC in view of the allegations surrounding the governance of the SFPC and allegations of alleged fraudulent activities at the SFPC; and if he will make a statement on the matter. [15153/09]

The report referred to in the Deputy's question is an internal audit report carried out for Shannon Foynes Port Company. The report is confidential and is not intended for publication.

In September 2008 I appointed a new chairperson and five other directors to the board of the company. The board is, in the first instance, responsible for corporate governance.

My Department continues to closely monitor the company's business in accordance with normal corporate governance practice.

Taxi Regulations.

Deirdre Clune

Question:

359 Deputy Deirdre Clune asked the Minister for Transport his views on appointing a deputy taxi regulator; and if he will make a statement on the matter. [15209/09]

Michael Creed

Question:

360 Deputy Michael Creed asked the Minister for Transport if he proposes to appoint a deputy taxi regulator as provided for under the Taxi Regulations 2003, who will have a specific remit for the Munster region; and if he will make a statement on the matter. [15316/09]

I propose to take Questions Nos. 359 and 360 together.

Sections 13 and 14 of the Taxi Regulation Act, 2003, provide that the Commission for Taxi Regulation shall consist of at least one and not more than three members appointed by the Minister for Transport with the consent of the Minister for Finance and following selection by the Public Appointments Service. Section 15 of the Act provides for the designation by the Commission, where there is only one Commissioner, of a member of staff of the Commission as "deputy Commissioner" to act in the absence of the Commissioner or where the membership of the Commission is vacant.

In accordance with these provisions one Commissioner is in office and the Commission for Taxi Regulation has appointed a deputy Commissioner. It is not open to me, under the Taxi Regulation Act, 2003, to appoint a deputy Commissioner and I do not propose to appoint a second Commissioner.

Public Transport.

Ciarán Cuffe

Question:

361 Deputy Ciarán Cuffe asked the Minister for Transport the position regarding the feasibility studies for the provision of light rail and bus rapid transit in Waterford, Cork, Galway and Limerick; and if he will make a statement on the matter. [15325/09]

We made a commitment in the Programme for Government of 2007 to conduct feasibility studies into 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, who have responsibility for these studies, to see that the feasibility of Bus Rapid Transit systems was simultaneously taken into account.

The Cork, Galway, Limerick and Waterford studies are currently under way, and 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.

Road Network.

Fergus O'Dowd

Question:

362 Deputy Fergus O’Dowd asked the Minister for Transport the new allocations given to each local authority for local and regional road maintenance and repair work; and if he will make a statement on the matter. [15401/09]

The improvement and maintenance of regional and local roads, in its area, is a statutory function of each individual local authority to be funded from its own resources supplemented by State road grants paid by my Department.

Following the Supplementary Budget of 7 April 2009, revised allocations were notified to local authorities on 14 April 2009, in respect of regional and local roads. The revised allocations are set out in the following table.

2009 Allocations

County Councils

Carlow

5,196,199

Cavan

13,052,025

Clare

16,032,498

Cork

43,880,723

Donegal

28,664,397

Dún Laoghaire-Rathdown

6,109,699

Fingal

5,788,866

Galway

24,234,746

Kerry

17,985,097

Kildare

15,769,264

Kilkenny

11,373,699

Laois

9,045,928

Leitrim

8,960,699

Limerick

13,190,198

Longford

6,380,799

Louth

10,920,631

Mayo

22,316,746

Meath

16,566,473

Monaghan

12,445,199

North Tipperary

11,008,598

Offaly

8,180,699

Roscommon

13,118,265

Sligo

10,706,899

South Dublin

8,250,899

South Tipperary

10,762,998

Waterford

13,672,699

Westmeath

13,941,365

Wexford

12,784,498

Wicklow

20,603,820

City/Borough Councils

Cork

4,264,000

Dublin

12,682,450

Galway

1,674,000

Limerick

2,294,000

Waterford

2,289,000

Clonmel

488,903

Drogheda

405,000

Kilkenny

393,000

Sligo

1,993,000

Wexford

443,000

Town Councils

Arklow

177,000

Athlone

359,000

Athy

177,000

Ballina

177,000

Ballinasloe

177,000

Birr

177,000

Bray

385,000

Buncrana

177,000

Bundoran

126,000

Carlow

373,000

Carrickmacross

177,000

Carrick-on-Suir

177,000

Cashel

126,000

Castlebar

177,000

Castleblayney

126,000

Cavan

177,000

Ceannanus Mor

177,000

Clonakilty

177,000

Clones

126,000

Cobh

177,000

Dundalk

385,000

Dungarvan

177,000

Ennis

373,000

Enniscorthy

177,000

Fermoy

177,000

Killarney

177,000

Kilrush

126,000

Kinsale

177,000

Letterkenny

359,000

Listowel

177,000

Longford

177,000

Macroom

126,000

Mallow

177,000

Midleton

177,000

Monaghan

177,000

Naas

373,000

Navan

373,000

Nenagh

177,000

New Ross

177,000

Skibbereen

126,000

Templemore

126,000

Thurles

177,000

Tipperary

177,000

Tralee

373,00

Trim

177,000

Tullamore

177,000

Westport

177,000

Wicklow

177,000

Youghal

177,000

Departmental Staff.

Paul Kehoe

Question:

363 Deputy Paul Kehoe asked the Minister for Transport the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15678/09]

The number of uncertified sick days taken within all sections of my Department amounted to 637 days in 2007, 513 days in 2008, and 157 days to date in 2009.

The maximum number of uncertified sick days allowable per person in any one year is 7. No employee is permitted to take over 7 days uncertified sick leave in any one year.

496 staff took an average of 1.28 uncertified sick days in 2007, 365 took an average of 1.40 uncertified sick days in 2008 and 110 took an average of 1.43 uncertified sick days to date in 2009.

As my Department's management system records sick leave by date rather than by day, it is not possible to furnish the information in respect of Fridays and Mondays within the time available. I will arrange to furnish this information to the Deputy at a later date.

No staff members have been referred to the Chief Medical Officer on the basis of their uncertified sick leave. Employees on certified sick leave may be referred to the Chief Medical Officer on an individual basis under the sick leave regulations. If an individual is found to be abusing the sick leave facility, disciplinary action, including withdrawal of the privilege of uncertified sick leave, may be invoked.

Departmental Expenditure.

Terence Flanagan

Question:

364 Deputy Terence Flanagan asked the Minister for Transport the amount of money that has been spent on public transport projects in all counties under Transport 21 since its launch; and if he will make a statement on the matter. [15694/09]

Exchequer capital and current grants to CIE and accessibility grants are not allocated on a county basis.

Expenditure on Luas/Metro projects relates to the Greater Dublin Area only. Under Transport 21, a total of €363m was spent on these projects up to the end of 2008. A provision of €159m has been made for Luas/Metro projects in the current year. In addition, Integrated Ticketing is being rolled out in the GDA initially. The expenditure on Integrated Ticketing from 2006 to date is €8.5m. It is not possible to breakdown by county.

Traffic Management grants are made available to fund bus priority, cycle and pedestrian facilities and other traffic management measures. The total grants are as per the table below. A provision of €55m has been made for the current year in respect of Traffic Management Grants. Grants provided under Transport 21 for 2006, 2007 and 2008 broken down by county are as follows:

County

2006

2007

2008

Dublin

24,633,066

38,162,739

56,283,820

Kildare

728,875

429,459

1,353,300

Meath

2,215,649

1,853,950

104,643

Wicklow

70,000

18,150

225,563

Cork

6,543

5,534

5,131

Galway

945

390

3,462

Limerick

681

1,194

3,330

Waterford

519

73

174

Total

27,656,278

40,471,489

57,979,423

Road Network.

Michael Creed

Question:

365 Deputy Michael Creed asked the Minister for Transport the decrease in the 2009 non-primary roads allocation to Cork County Council; if he will tabulate the way this increase compares with all other local authorities allocations; if he will also provide a per kilometre figure; and if he will make a statement on the matter. [15721/09]

The improvement and maintenance of regional and local roads, in its area, is a statutory function of each individual local authority to be funded from its own resources supplemented by State road grants paid by my Department.

Following the Supplementary Budget of 7 April 2009, revised allocations were notified to local authorities on 14 April 2009, in respect of regional and local roads. The revised allocations are set out in Table 1.

Regional and local road grants are allocated under a number of grant categories. The only grant categories which are calculated by reference to length of road are the discretionary improvement, discretionary maintenance and restoration maintenance categories.

Details of the 2009 grant allocations per kilometre to each county council under these specified grant categories are set out in Table 2.

Table 1

2009 Initial Allocations

2009 Revised Allocations

County Councils

Carlow

7,503,699

5,196,199

Cavan

18,396,025

13,052,025

Clare

21,767,498

16,032,498

Cork

61,242,343

43,880,723

Donegal

38,392,397

28,664,397

Dún Laoghaire-Rathdown

8,711,699

6,109,699

Fingal

8,170,866

5,788,866

Galway

33,557,804

24,234,746

Kerry

24,361,139

17,985,097

Kildare

24,578,264

15,769,264

Kilkenny

15,396,813

11,373,699

Laois

12,453,928

9,045,928

Leitrim

12,622,699

8,960,699

Limerick

18,330,598

13,190,198

Longford

8,798,799

6,380,799

Louth

13,158,636

10,920,631

Mayo

30,351,746

22,316,746

Meath

21,312,473

16,566,473

Monaghan

17,018,199

12,445,199

North Tipperary

14,739,598

11,008,598

Offaly

11,351,699

8,180,699

Roscommon

17,847,265

13,118,265

Sligo

14,924,751

10,706,899

South Dublin

13,826,899

8,250,899

South Tipperary

15,029,998

10,762,998

Waterford

17,601,699

13,672,699

Westmeath

17,748,365

13,941,365

Wexford

17,744,046

12,784,498

Wicklow

23,878,820

20,603,820

City/Borough Councils

Cork

6,979,000

4,264,000

Dublin

18,325,656

12,682,450

Galway

3,805,000

1,674,000

Limerick

4,210,000

2,294,000

Waterford

5,170,000

2,289,000

Clonmel

721,740

488,903

Drogheda

644,000

405,000

Kilkenny

625,000

393,000

Sligo

2,225,000

1,993,000

Wexford

675,000

443,000

Town Councils

Arklow

287,000

177,000

Athlone

581,000

359,000

Athy

287,000

177,000

Ballina

287,000

177,000

Ballinasloe

287,000

177,000

Birr

287,000

177,000

Bray

624,000

385,000

Buncrana

287,000

177,000

Bundoran

204,000

126,000

Carlow

605,000

373,000

Carrickmacross

287,000

177,000

Carrick-on-Suir

287,000

177,000

Cashel

204,000

126,000

Castlebar

287,000

177,000

Castleblayney

204,000

126,000

Cavan

287,000

177,000

Ceannanus Mor

287,000

177,000

Clonakilty

287,000

177,000

Clones

204,000

126,000

Cobh

287,000

177,000

Dundalk

624,000

385,000

Dungarvan

287,000

177,000

Ennis

605,000

373,000

Enniscorthy

287,000

177,000

Fermoy

287,000

177,000

Killarney

287,000

177,000

Kilrush

204,000

126,000

Kinsale

287,000

177,000

Letterkenny

581,000

359,000

Listowel

287,000

177,000

Longford

287,000

177,000

Macroom

204,000

126,000

Mallow

287,000

177,000

Midleton

287,000

177,000

Monaghan

287,000

177,000

Naas

605,000

373,000

Navan

605,000

373,000

Nenagh

287,000

177,000

New Ross

287,000

177,000

Skibbereen

204,000

126,000

Templemore

204,000

126,000

Thurles

287,000

177,000

Tipperary

287,000

177,000

Tralee

605,000

373,000

Trim

287,000

177,000

Tullamore

287,000

177,000

Westport

287,000

177,000

Wicklow

287,000

177,000

Youghal

287,000

177,000

Table 2

2009 allocation under Discretionary Improvement & Discretionary Maintenance and Restoration Maintenance

Regional and Local Road length in County Council areas (KM)

2009 allocation per Km under Discretionary Improvement & Discretionary Maintenance and Restoration Maintenance

County Councils

Carlow Co Council

1,646,000

1,153

1,428

Cavan Co Council

4,106,000

2,876

1,428

Clare Co Council

5,625,000

3,940

1,428

Cork Co Council

16,524,000

11,574

1,428

Donegal Co Council

8,596,000

6,022

1,427

Dún Laoghaire Rathdown Co Council

1,860,000

652

2,853

Fingal Co Council

2,188,000

1,022

2,141

Galway Co Council

8,669,000

6,072

1,428

Kerry Co Council

6,030,000

4,224

1,428

Kildare Co Council

2,984,000

2,090

1,428

Kilkenny Co Council

4,068,000

2,850

1,427

Laois Co Council

2,816,000

1,973

1,427

Leitrim Co Council

2,931,000

2,053

1,428

Limerick Co Council

4,859,000

3,404

1,427

Longford Co Council

2,093,000

1,466

1,428

Louth Co Council

1,637,000

1,147

1,427

Mayo Co Council

8,392,000

5,878

1,428

Meath Co Council

4,177,000

2,925

1,428

Monaghan Co Council

3,388,000

2,374

1,427

North Tipperary Co Council

3,469,000

2,431

1,427

Offaly Co Council

2,773,000

1,943

1,427

Roscommon Co Council

5,311,000

3,720

1,428

Sligo Co Council

3,567,000

2,499

1,427

South Dublin Co Council

1,695,000

792

2,140

South Tipperary Co Council

3,906,000

2,736

1,428

Waterford Co Council

3,507,000

2,457

1,427

Westmeath Co Council

2,859,000

2,004

1,427

Wexford Co Council

4,551,000

3,188

1,428

Wicklow Co Council

2,833,000

1,984

1,428

Public Transport.

Thomas P. Broughan

Question:

366 Deputy Thomas P. Broughan asked the Minister for Transport his plans to ensure that people with a disability have equal access to public transport and taxis in view of the decision in the supplementary budget on 7 April 2009 to cut a programme to improve accessibility for disabled persons to public transport by €5 million; his position on the commitment in the programme for Government 2007 to have 100% wheelchair accessible taxis in all cities by 2010 in view of the fact that wheelchair accessible taxis as a percentage of the overall taxi fleet have dropped from 21% in 2000 to 5% in 2008; his views on whether a commitment to an accessible taxi fleet is imperative to ensure people with a disability can fully participate in society; if he will grant priority to this matter in view of the fact that 26% of accessible taxis are ten years or older; and if he will make a statement on the matter. [15748/09]

Policy regarding public transport accessibility is set out in ‘Transport Access for All', my Department's Sectoral Plan under the Disability Act, 2005. Measures to implement the Plan are already well advanced. Since the year 2000, all major refurbishment projects at bus and rail stations, together with the construction of new stations and the purchase of trains or buses take account of the needs of people with mobility and sensory impairments.

Significant resources for accessibility are being provided under Transport 21 to facilitate further progress. Accessibility is being built into new public transport infrastructure projects and funding is also being provided to continue the phased retrofit of existing infrastructure. While the 2009 allocation for public transport accessibility improvement projects has been reduced from €25m to €20m, the revised allocation represents a 43% increase on the 2008 allocation and provides ample scope for accessibility improvement projects planned for 2009.

In addition, funding of €11 million, an increase of 10% on the 2008 provision, is being provided by my Department in 2009 for the Rural Transport Programme (RTP) which also provides services to people with disabilities. In relation to wheelchair accessible taxis, the percentage of the whole taxi fleet that was wheelchair accessible in 2008 was 7.5%. While this is a reduction from the percentage of the fleet that was wheelchair accessible pre-liberalisation, the 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 for Taxi Regulation 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 having regard to the commitment in the Programme for Government and in the context of the overall budgetary situation. In the context of the public consultation which the Commission has launched on the basis of the economic review of the taxi sector, it has sought submissions from the public and the taxi industry on the key recommendations of the review, including in relation to measures to secure greater provision of taxi services for people with disabilities and it is undertaking further analysis in this regard.

State Airports.

Paul Nicholas Gogarty

Question:

367 Deputy Paul Gogarty asked the Minister for Transport the scale of the debt at each of the State airports at Shannon, Cork and Dublin at the end of 2007 and 2008; the current position regarding debt at each of the airports; and if he will make a statement on the matter. [15756/09]

The Dublin Airport Authority plc (DAA), which has responsibility for Dublin, Cork and Shannon Airports, had overall borrowings of just under €1.1 billion at the end of 2008, as compared with borrowings of almost €500 million at the end of 2007. The increase in debt levels during 2008 is attributable to the €600m Eurobond issued by DAA in July 2008 to fund its €1.2 billion capital investment programme in the period up to 2009.

I understand that at the end of 2008 about €200 million of the borrowings relates to Cork airport, €70 million relates to Shannon airport and the remainder relates to Dublin airport.

Paul Nicholas Gogarty

Question:

368 Deputy Paul Gogarty asked the Minister for Transport when the necessary legislation will be brought before the Houses of the Oireachtas to enable the customs and Border protection facility be put in place at Shannon Airport; and if he will make a statement on the matter. [15757/09]

Pat Breen

Question:

370 Deputy Pat Breen asked the Minister for Transport, further to Parliamentary Question No. 338 of 11 November 2008, if legislation to give effect to the provision of full pre-clearance facilities at Shannon Airport has been finalised; when he expects this legislation to come before the Houses of the Oireachtas; and if he will make a statement on the matter. [15864/09]

I propose to take Questions Nos. 368 and 370 together.

Drafting of the necessary legislation for preclearance is at an advanced stage and I intend to introduce the legislation to the Houses of the Oireachtas in the coming weeks to enable Shannon Airport to be in a position to commence preclearance in the summer period.

Road Traffic Offences.

Fergus O'Dowd

Question:

369 Deputy Fergus O’Dowd asked the Minister for Transport the timetable for the introduction of outstanding penalty points to the schedule of penalty points offences which have yet to be implemented; the date they were originally intended to be implemented; the reason for the delay; and if he will make a statement on the matter. [15838/09]

Fergus O'Dowd

Question:

371 Deputy Fergus O’Dowd asked the Minister for Transport if he will postpone for three months the introduction of additional new penalty points for motorists in view of the backlog at test centres and public concerns in respect of delays in contacting these centres by telephone, fax or e-mail for appointments; and if he will make a statement on the matter. [15935/09]

I propose to take Questions Nos. 369 and 371 together.

Penalty points have been introduced on a phased basis, beginning in 2002, and since then in 2003, 2004, 2006 and this year (with effect from 1 May). This process will continue for the remaining offences which are scheduled to become penalty points offences in the Road Traffic Acts

In all cases, penalty points are applied to existing offences, and with the aim of improving road safety through driver behaviour, and in the case of the most recent penalty point offences, improving vehicle standards. For example, the use of a vehicle without a test certificate (where applicable) is already an offence which on conviction carries a fine of up to €2,000 or imprisonment for up to 3 months or both.

It is now the case, for the 5 offences to which penalty points will be attached with effect from 1 May, that such points will be applied on conviction, in addition to any fine or imprisonment.

The increase in inquiries to the National Car Testing Service has created some difficulties in making applications for tests, but these are temporary and thousands of test appointments have successfully been made in the last few days, including for cars which were due to be tested in 2007 and 2008.

I have no plans to postpone the commencement date of the 1st of May. The number of test appointments made by cars due for testing in 2007 and 2008 underlines both the road safety message and the effectiveness of the penalty point system.

I am sure the Deputy will continue to support my efforts to introduce all aspects of the Road Safety Strategy including the introduction of Penalty Points.

Question No. 370 answered with Question No. 368.
Question No. 371 answered with Question No. 369.

Visa Applications.

Michael D'Arcy

Question:

372 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform his plans to amend the three year rule for American voluntary workers working with Irish churches of different denominations here to allow them to stay here for longer periods in view of the fact that it takes time for them to settle into communities and build up relationships and that they come fully supported financially from the USA, including having medical insurance; and if he will make a statement on the matter. [15758/09]

Michael D'Arcy

Question:

373 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform his views, if he does not have plans to amend the three year rule for American voluntary workers working with Irish churches here, on extending the period they can stay in view of the fact that they bring a positive contribution to communities through their projects and do not gain materially from being here; and if he will make a statement on the matter. [15759/09]

I propose to take Questions Nos. 372 and 373 together.

A general policy has been in place for a number of years to the effect that religious and volunteer workers in the State could remain for a maximum of 3 years. However, this policy, while remaining in force, has not been rigorously applied and such volunteer workers have on a case by case basis been facilitated with further renewals, although it is not intended that such permissions be open-ended.

The particular immigration status given to religious and volunteer workers indicates that they are not entitled to participate in the labour market. It was also understood they are dependent on their employing church or organisation for their upkeep, finances, and medical expenses or the person concerned could of course organise their own private medical insurance.

My Department is currently reviewing the policy in relation to religious and volunteer workers and when that process is completed the terms and conditions governing this category of temporary migration will be set out clearly for the benefit of all parties.

Citizenship Applications.

Brendan Howlin

Question:

374 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 298 of 31 March 2009, if his attention has been drawn to the application for naturalisation of a person (details supplied) which was also submitted to his Department in December 2008 and has been granted; the length of time it currently takes to process a naturalisation application in respect of a child; when this application is expected to be dealt with; and if he will make a statement on the matter. [15100/09]

The application for naturalisation from the first named person, a spouse of an Irish citizen, has been granted.

Applications for certificates of naturalisation on behalf of the second and third persons referred to in the Deputy's Question were received in December 2008.

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

Applications on behalf of minors are dealt with by a separate unit in the Citizenship Division of my Department, because they generally require less processing than standard adult applications, it is usually possible to finalise them more quickly.

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.

Paul Kehoe

Question:

375 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the status of the naturalisation application in respect of a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [15121/09]

I refer the Deputy to my reply to Parliamentary Question 320 on 17 December 2008. Officials in the Citizenship Section inform me that processing of this application is ongoing and the file will be forwarded to me for a decision in due course.

Residency Permits.

Joe Costello

Question:

376 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 7 who has an Irish born child since 2002 is not entitled to residency; and if he will make a statement on the matter. [15145/09]

I wish to inform the Deputy that the person to whom he refers entered the State and applied for asylum on 2 April 2003. This application was refused and the person in question subsequently undertook to leave the State voluntarily. Her departure from the State was confirmed on 14 December 2004.

The person concerned did not make any application for permission to remain in the State under the arrangements then in place for the parents of children born in Ireland. Since the termination of the IBC/05 Scheme, there is no longer any separate procedure or free-standing right of any person to apply for permission to remain in the State on the sole basis of parentage of a child born in Ireland.

Prisoner Transfers.

Paul Nicholas Gogarty

Question:

377 Deputy Paul Gogarty asked the Minister for Justice, Equality and Law Reform if a person (details supplied) is receiving the proper medication for a condition during periods of transfer between prisons. [15155/09]

The Irish Prison Service is committed to providing general health care for the assessment, treatment and care of prisoners comparable to that which is available in the community and appropriate to a prison setting.

The person referred to by the Deputy is currently on remand in Cloverhill and is on methadone maintenance. He has made a number of court appearances since his initial committal on 20 December 2008. He was remanded by the courts to Castlerea prison and steps were taken to transfer him to Cloverhill where his methadone treatment was continued.

I am advised that all decisions regarding the medical treatment afforded to this person, while in custody in Castlerea, were taken by the prison doctor.

Residency Permits.

Brendan Howlin

Question:

378 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform when his Department expects to make a decision in respect of the application for long-term residency of a person (details supplied) in County Wexford. [15158/09]

The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in September 2007. I understand that applications received in July 2007 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Court Procedures.

Joe Costello

Question:

379 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will respond to correspondence (details supplied); and if he will make a statement on the matter. [15164/09]

Proceedings under the European Arrest Warrant Act 2003 in relation to the case raised by the Deputy are currently before the courts. As the Deputy will be aware, subject to the Constitution and the law, the courts are independent in the exercise of their functions. As Minister for Justice, Equality and Law Reform, I have no function in relation to the determination of the proceedings.

Citizenship Applications.

Bernard J. Durkan

Question:

380 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [15182/09]

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 February 2008.

The average processing time from application to decision is now at 23 months. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the 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.

The Deputy has not provided sufficient information with regard to the mother of the person concerned to enable me to give a detailed response. If the Deputy wishes to furnish further particulars, Officials in the Citizenship Division of my Department will advise him of the position.

Garda Training.

Bernard J. Durkan

Question:

381 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will report on the length of the waiting list for advanced driving courses for the Garda; his plans to provide resources to address this waiting list delay; and if he will make a statement on the matter. [15183/09]

I am informed by the Garda authorities that there is currently no waiting list to undergo advanced driving courses.

Citizenship Applications.

Bernard J. Durkan

Question:

382 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [15184/09]

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

The average processing time from application to decision is now at 23 months. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the 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.

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

I am informed by the Immigration Division of my Department that they have no record of applications for Long Term Residency from either of the persons concerned.

Residency Permits.

Bernard J. Durkan

Question:

383 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended residency will be offered to a person (details supplied) in County Louth; and if he will make a statement on the matter. [15185/09]

The person concerned was, as an exceptional measure, granted temporary permission to remain in the State for a six month period to 8 April 2009. This decision was conveyed to the person concerned by letter dated 8 October 2008.

The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.

Asylum Applications.

Bernard J. Durkan

Question:

384 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of the application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [15186/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 561 of Tuesday 24 March 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Residency Permits.

Bernard J. Durkan

Question:

385 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [15187/09]

The first named person concerned has been granted an extension of her temporary permission to remain in the State for a two year period until 19 March 2011. This decision was conveyed in writing to the first named person concerned by letter dated 17 April 2009.

In relation to the second named person concerned, the position is that if an application for asylum has been made by the person in question, the Deputy will be aware that it is not the practice to comment on asylum applications that are pending.

Citizenship Applications.

Bernard J. Durkan

Question:

386 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for citizenship in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [15188/09]

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

Bernard J. Durkan

Question:

387 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15189/09]

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 2008.

The average processing time from application to decision is now at 23 months. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the 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:

388 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15190/09]

The person concerned applied for asylum on 12 October 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 October 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

389 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (details supplied) in Dublin 1 who wishes to apply for permission to remain here; and if he will make a statement on the matter. [15191/09]

I am currently unable to answer the Deputy's Question due to the lack of information provided. I have been informed by the Irish Naturalisation and Immigration Service that they have sought further information regarding details of the person referred to by the Deputy. This information has not yet been received by my officials.

Missing Persons.

Jim O'Keeffe

Question:

390 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the position in relation to the establishment of a dedicated missing persons unit including a response network similar to the amber alert in the US; and if he will make a statement on the matter. [15193/09]

Charles Flanagan

Question:

446 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he has received a report from the Garda Inspectorate regarding the need to establish a dedicated missing persons unit, including a response network similar to the amber alert in the USA. [15509/09]

I propose to take Questions Nos. 390 and 446 together.

In July 2008, I asked the Garda Síochána Inspectorate to undertake a review and advise on the need to establish a dedicated Missing Persons Unit within An Garda Síochána and a response network for missing children similar to "Amber Alert" in the USA. This was in accordance with a commitment made in the Programme for Government.

I have received the Inspectorate's report. It finds overall that Garda systems for handling missing persons cases are in line with international best practice and makes recommendations on how these systems can be further enhanced. One of its key recommendations is that an emergency alert system for missing children, similar to the "Amber Alert" in place in other countries, should be established. I welcome this recommendation. The establishment of such an emergency alert system will be a challenging task and will require the support of a whole range of governmental agencies, NGOs and the media, as well as the support of the public.

The Garda Commissioner has welcomed the report and has indicated that An Garda Síochána will move forward with a commitment to working in partnership with governmental and non-governmental organisations dedicated to locating missing persons.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

391 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the countries from which citizenship applications are made; and the numbers of applications for the past five years. [15247/09]

I refer the Deputy to my reply to Parliamentary Question 155 on 7 April, 2009 in relation to the number of applications received for the last five years. The position remains as stated.

The vast majority of applications for certificates of naturalisation are received from applicants residing in Ireland, because residency is a statutory requirement. However, a very small minority of applications are received from individuals residing abroad.

The following is a breakdown of the nationalities of applicants for naturalisation between 2005 and 2009.

Nationality

Total

Nationality

Total

Nationality

Total

Nationality

Total

Nationality

Total

Afghanistan

139

Chile

26

India

1,663

Mongolia

14

South Africa

1,631

Albania

279

China

1,027

Indonesia

34

Montenegro

3

Spain

15

Algeria

374

Colombia

50

Iran

204

Morocco

148

Sri Lanka

86

Andorra

2

Costa Rica

5

Iraq

359

Mozambique

8

Stateless

13

Angola

368

Croatia

298

Ireland

12

Myanmar

37

Sudan

546

Argentina

62

Cuba

52

Israel

45

Namibia

2

Swaziland

8

Armenia

35

Cyprus

2

Italy

34

Nepal

73

Sweden

3

Australia

325

Czech Republic

44

Ivory Coast

99

New Zealand

173

Switzerland

32

Austria

5

Denmark

1

Jamaica

38

Nicaragua

4

Syria

87

Azerbaijan

24

DR Congo

766

Japan

24

Niger

16

Tajikistan

13

Bahamas

1

Ecuador

21

Jordan

103

Nigeria

4,556

Tanzania

27

Bahrain

6

Egypt

351

Kazakhstan

107

Norway

1

Thailand

202

Bangladesh

1,127

El Salvador

5

Kenya

168

Oman

2

Togo

98

Barbados

1

Eritrea

45

Korea

42

Pakistan

2,055

Trinidad and Tobago

17

Belarus

428

Estonia

39

Kosova

413

Palestine

97

Tunisia

94

Belgium

4

Ethiopia

72

Kuwait

13

Panama

1

Turkey

296

Belize

1

Fiji Islands

2

Kyrgyzstan

19

Paraguay

1

Turkmenistan

2

Benin

1

Finland

5

Latvia

125

Peru

23

Uganda

54

Bhutan

3

France

40

Lebanon

74

Philippines

2,265

Ukraine

1,016

Bolivia

2

Gabon

1

Lesotho

8

Poland

200

United Kingdom

562

Bosnia

196

Gambia

8

Liberia

56

Portugal

14

United States of America

656

Botswana

7

Georgia

134

Libya

180

Romania

849

Uruguay

6

Brazil

212

Germany

73

Lithuania

81

Russia

1,212

Uzbekistan

54

Brunei

4

Ghana

181

Macedonia

31

Rwanda

53

Venezuela

22

Bulgaria

218

Greece

11

Malawi

13

Samoa

1

Vietnam

192

Burkina Faso

1

Grenada

1

Malaysia

346

Saudi Arabia

14

Yemen

12

Burundi

25

Guatemala

3

Mali

1

Senegal

18

Yugoslavia

80

Cambodia

1

Guinea

47

Malta

5

Serbia

87

Zambia

20

Cameroon

248

Guyana

1

Mauritania

22

Sierra Leone

112

Zimbabwe

632

Canada

160

Netherlands

21

Mauritius

15

Singapore

18

Cape Verde Islands

4

Honduras

3

Mexico

35

Slovakia

35

Chad

6

Hungary

17

Moldova

618

Somalia

400

Aengus Ó Snodaigh

Question:

392 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the counties in which citizenship applicants are residing when making the application for the past five years. [15248/09]

Statistics are not compiled in such a manner as to provide data on the counties in which applicants are residing when making applications for certificates of naturalisation.

Residency Permits.

Tom Sheahan

Question:

393 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) will receive their stamp for long-term residency; and if he will make a statement on the matter. [15258/09]

The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. The application for long term residency from the person referred to by the Deputy is in the latter stages of processing. As soon as a decision is made on the case, the person concerned will be notified.

Asylum Support Services.

Tom Sheahan

Question:

394 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kerry will be allowed to transfer to Dundalk, County Louth; and if he will make a statement on the matter. [15259/09]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. It currently operates 59 centres across 22 counties

The persons referred to in the details supplied with this question are a family of seven. They currently occupy 3 adjoining rooms at Atlas House accommodation centre, Killarney. All three rooms are en-suite. This accommodation is of a good standard and is more than sufficient for the needs of this family.

The centre in Dundalk, County Louth, referred to in the question is one of a small number of self-catering centres operated by RIA. Demand among RIA residents for self catering accommodation far exceeds supply and it is the long term objective of RIA to steadily reduce the availability of such accommodation. The circumstances of this family would not, in any event, warrant its transfer to such accommodation.

Asylum Applications.

Aengus Ó Snodaigh

Question:

395 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his officials, when looking at the situation in Nigeria and other countries in determining asylum applications, take into account the prevalence of female genital mutilation in that country; the figures they have available; if they depend on State figures or UN figures; and if he will make a statement on the matter. [15279/09]

As the Deputy may be aware, there is a statutory framework governing the asylum determination process in Ireland, set out in the Refugee Act 1996 (as amended). This Act established two independent refugee status determination offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether in each case, such status should be granted. These offices are the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).

Asylum applications are determined on an individual case basis. Every asylum applicant is entitled to an investigation and determination of his/her claim at first instance by the Refugee Applications Commissioner. They are also entitled to a right of appeal to a statutorily independent office — the Refugee Appeals Tribunal; and access to legal assistance provided by the Refugee Legal Service. The UNHCR is given full access to the refugee determination process and can examine any case at any time to ensure fair procedures and compliance with Geneva Convention obligations.

In assessing each individual asylum application or appeal, the offices' referred to must, in accordance with their statutory remit, have regard to the specific claims made by the applicant including claims involving female genital mutilation (FGM), as measured against objective, reputable, up-to-date information relating to an applicant's country of origin. Such country of origin information is sourced from a wide variety of areas, including reports prepared by:

the UK Home Office and Border Agency;

the US State Department;

the Canadian Immigration and Refugee Board;

UNHCR;

Amnesty International;

Other EU Member States;

Media and Internet sources.

Reports on relevant issues in the country in question e.g. in respect of FGM in Nigeria, would include reports on human rights issues in Nigeria prepared by the Joint British-Danish fact-finding mission to Abuja and Lagos.

These various country of origin reports would reference statistical information produced by both the state authorities and UN Agencies such as UNICEF.

When evaluating an application for refugee status where fear of FGM is alleged, the ORAC considers the country and area where the application comes from and whether FGM is legally prohibited. Other issues considered include the credibility and plausibility of the individual applicant's account of their claim, the likelihood of FGM for that particular person, the State and NGO supports available, and the likely consequences if the asylum application is refused and the applicant is returned to their country of origin.

The Deputy might also like to be aware that when assessing asylum claims, the ORAC avails not only of its own internal research expertise but also of the services of expert researchers in the Refugee Documentation Centre (RDC), an independent library and research service within the Legal Aid Board. The RDC provides a research and query service on country of origin information for all organisations involved in the asylum process.

Departmental Properties.

Deirdre Clune

Question:

396 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform his plans for Spike Island; the steps taken since the closure of Spike Island prison in 2004 to date in 2009 to decide the future of that island; if steps have been taken to sell or transfer ownership of the island; when a final decision will be made on the island’s future; and if he will make a statement on the matter. [15286/09]

I wish to advise the Deputy that the Interdepartmental Committee set up to look at the future of Spike Island, which is chaired by the Department of Arts, Sport and Tourism, is still examining the matter. I will await their findings before coming to any final decision(s) on the future of the Island other than to say that I do not see it forming part of our prison estate again.

Garda Stations.

Charles Flanagan

Question:

397 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the opening hours of all Garda stations here; and if he will make a statement on the matter. [15302/09]

Tom Hayes

Question:

448 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Fethard, County Tipperary; the number of gardái currently on duty 24 hours a day; if there are plans to expand same; and if he will make a statement on the matter. [15516/09]

Tom Hayes

Question:

449 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Carrick-on-Suir, County Tipperary; the number of gardái currently on duty 24 hours a day; if there are plans to expand same; and if he will make a statement on the matter. [15517/09]

Tom Hayes

Question:

450 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Clonmel, County Tipperary; the number of gardái currently on duty 24 hours a day; if there are plans to expand same; and if he will make a statement on the matter. [15518/09]

Tom Hayes

Question:

451 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Cahir, County Tipperary; the number of gardái currently on duty 24 hours a day; if there are plans to expand same; and if he will make a statement on the matter. [15519/09]

Tom Hayes

Question:

452 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Cashel, County Tipperary; the number of gardái currently on duty 24 hours a day; if there are plans to expand same.; and if he will make a statement on the matter. [15520/09]

Tom Hayes

Question:

453 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a 24 hour garda presence in Tipperary town; the number of gardaí currently on duty 24 hours a day; if there are plans to expand same; and if he will make a statement on the matter. [15522/09]

Terence Flanagan

Question:

471 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of gardái attached to each station throughout the country; and if he will make a statement on the matter. [15691/09]

I propose to take Questions Nos. 397, 448 to 453, inclusive, and 471 together.

I am informed by the Commissioner that the personnel strength and the opening hours of each Garda Station throughout the country on the latest date for which figures are readily available are as per the following tables. The Deputies should be aware that an increase in the opening hours of Garda stations which are not already open on a 24/7 basis would necessitate the employment of additional Garda personnel on indoor duties who may be more effectively employed on outdoor policing duties.

Strength

Monday-Friday

Saturday

Sunday

District “A”

Kevin Street

144

24 Hours

Kilmainham

84

24 Hours

District “B”

Pearse St

265

24 Hours

Harcourt Tce.

84

24 Hours

District “E”

Donnybrook

129

24 Hours

Irishtown

58

24 Hours

D.M.R. North Central

District “C”

Store St.

297

24 Hours

District “D”

Bridewell

176

24 Hours

District “U”

Fitzgibbon St.

115

24 Hours

Mountjoy

104

24 Hours

D.M.R.South

District “G”

Sundrive R.D

79

24 Hours

Crumlin

106

24 Hours

District “M”

Rathfarnham

78

24 Hours

Tallaght

191

24 Hours

District “P”

Rathmines

71

24 Hours

Terenure

111

24 Hours

D.M.R.North

District “H”

Santry

82

24 Hours

Ballymun

120

24 Hours

Whitehall

52

24 Hours

Dublin Airport

23

24 Hours

District “R”

Coolock

118

24 Hours

Malahide

44

24 Hours

Swords

83

24 Hours

District “J”

Raheny

69

24 Hours

Clontarf

78

24 Hours

Howth

41

24 Hours

District “Y”

Balbriggan

62

24 Hours

Skerries

12

10am – 6pm

10am – 6pm

10am – 1pm

Lusk

3

10am – 1pm

10am – 1pm

12md – 1pm

Rush

4

10am – 1pm

10am – 1pm

12md – 1pm

Garristown

3

10am – 1pm

10am – 1pm

12md – 1pm

D.M.R.West

District “K”

Blanchardstown

193

24 Hours

Cabra

76

24 Hours

Finglas

103

24 Hours

Lucan

89

24 Hours

Ronanstown

87

24 Hours

District “L”

Ballyfermot

94

24 Hours

Clondalkin

92

24 Hours

Rathcoole

26

10am – 1pm, 2 – 5pm

10am – 1pm, 2 – 5pm

10am – 1pm, 2 – 5pm

D.M.R.East

District “F”

Dun Laoghaire

106

24 Hours

Dalkey

35

24 Hours

Kill-O-Grange

32

24 Hours

Cabinteeley

36

24 Hours

Shankhill

63

24 Hours

District “W”

Blackrock

95

24 Hours

Dundrum

75

24 Hours

Stepaside

29

24 Hours

Eastern Region

Monday – Friday

Saturday

Sunday

Meath

District: Kells

Kells

49

24 Hours

Crossakeel

0

10am – 1pm (2 days per weeks)

10 – 11am or 8 – 9pm

10 – 11am or 8 – 9pm

Athboy

6

10am – 1pm

10am –12md

10am – 1pm

Oldcastle

4

10am – 1pm

10am – 12md

10am – 1pm

District: Trim

Trim

31

24 Hours

Kilmessan

1

12 – 2pm

12 – 2pm

12 – 2pm

Summerhill

2

10am – 1pm

10am – 1pm

10am – 1pm

Longwood

2

9 – 11am

9 – 11am

9 – 11am

Enfield

10

2 – 6pm

10am – 1pm

10am – 1pm

Ballivor

3

10am – 2pm

10am – 12pm

10am – 12pm

District: Ashbourne

Ashbourne

48

24 Hours

Dunboyne

18

10am – 1pm (Manpower Permitting)

10am – 1pm (Manpower Permitting)

12pm – 1pm (Manpower Permitting)

Dunshaughlin

26

10am – 1pm (Manpower Permitting)

10am – 1pm (Manpower Permitting)

12pm – 1pm (Manpower Permitting)

District: Navan

Navan

75

24 hours

Nober

4

10am – 1pm & 6pm – 9pm

10 am – 1pm

12mid – 1pm

Slane

3

10am – 1pm & 6pm – 9pm

10am – 1pm & 2pm – 6pm

11am – 1pm

District: Laytown

Laytown

22

10am – 1pm

10am – 1pm

12mid – 1pm

Duleek

3

10am – 1pm & 6pm – 9pm

10 am – 1pm

12mid – 1pm

Carlow/Kildare

District: Naas

Naas

106

24 Hours

Clane

8

10am – 1pm

10am – 1pm

12mid – 2pm

Ballymore Eustace

0

2pm – 4pm

2pm – 4pm

closed

Kill

3

10am – 1pm

10am – 1pm

10am – 1pm

District: Kildare

Ballytore

2

Mon, wed, Fri 7pm – 9pm, Tue 3pm – 5pm

7pm – 9pm

closed

Kildare

30

24 Hours

Robertstown

3

10am – 1pm

10am – 1pm

10am – 1pm

Kilcullen

4

10am – 1pm

10am – 1pm

10am – 1pm

Monasterevan

6

10am – 1pm

10am – 1pm

10am – 1pm

Newbridge

34

24 Hours

Rathangan

4

10am – 1pm

10am – 1pm

10am – 1pm

District: Carlow

Carlow

71

24 Hours

Leighlinbridge

1

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

Ballon

1

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

Myshall

1

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

Muinebheag

10

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

Athy

27

9am – 10pm

9am – 10pm

9am – 10pm

Hacketstown

1

11am – 1pm

11am – 1pm

closed

Rathvilly

0

3pm – 5pm

3pm – 5pm

closed

Tullow

11

10am – 1pm

10am – 1pm

11am – 1pm

Castledermot

2

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

10am – 1pm, 6pm – 7:30pm

District: Leixlip

Carbury

3

10am – 1pm

10am – 1pm

10am – 1pm

Celbridge

19

10am – 6pm, 7pm – 9pm

10am – 6pm, 7pm – 9pm

12mid – 2pm

Kilcock

8

10am – 1pm

10am – 1pm

12mid – 1pm

Leixlip

33

24 Hour

Maynooth

15

10am 7 –1pm, 2pm – 6pm, 7pm – 9pm

10am – 1pm

12pm – 2pm

Laois/Offaly

District: Portlaoise

Portlaoise

114

24 Hours

Mountmellick

7

10am – 1pm

10am – 1pm

12mid – 1pm

Mountrath

4

10am – 1pm

10am – 1pm

12mid – 1pm

Portarlington

14

10am – 1pm

10am – 1pm

8pm – 9pm

Stradbally

2

10am – 1pm

10am – 1pm

opening hours subject to manpower availability

Clonaslee

2

10am – 1pm

10am – 1pm

opening hours subject to manpower availability

District: Abbeyleix

Abbeyleix

28

24 Hour

Ballacolla

1

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Durrow

2

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Rathdowney

4

9am – 5pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Ballylinan

4

9am – 5pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Arles

2

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Ballinakill

1

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Borris-On-Ossory

2

7pm – 8pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

District: Birr

Birr

27

24 Hours

Banagher

6

2pm – 5pm

2pm – 5pm

2pm – 5pm

Cloghan

1

3pm – 5pm

3pm – 5pm

closed

Ferbane

4

3pm – 5pm

3pm – 5pm

closed

Kilcormac

2

3pm – 5pm

3pm – 5pm

closed

Kinnitty

2

3pm – 5pm

3pm – 5pm

closed

Shinrone

3

3pm – 5pm

3pm – 5pm

closed

Shannonbridge

1

3pm – 5pm

3pm – 5pm

closed

District: Tullamore

Tullamore

78

24 Hours

Clara

3

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Clonbologue

1

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Daingean

2

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Edenderry

14

10am – 1pm, 8pm – 10pm Tues & Thurs

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Rhode

2

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Geashill

0

10am – 1pm

10am – 1pm, alternate Saturdays

10am – 1pm, alternate Sundays

Prison Building Programme.

Charles Flanagan

Question:

398 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will confirm that he followed tendering guidelines when dealing with construction companies in relation to building projects at prisons here since 2003 to date in 2009; and if he will make a statement on the matter. [15303/09]

I understand that the Public Accounts Committee is in the process of examining the procurement arrangements in respect of contracts awarded by the Irish Prison Service to one particular construction company during the period in question, so it would not be appropriate for me to comment specifically on that particular case at this time.

The Irish Prison Service has taken several major steps in recent years in order to ensure that maximum value for money is achieved for all expenditure. In March 2007, a new professionally trained central procurement unit was established within the Irish Prison Service, with the stated purpose of modernising the procurement function and introducing new policies and procedures to ensure that proper controls are exercised over the procurement process.

Following consultation with internal stakeholders, the Irish Prison Service Procurement Policy was issued by the Director General in September 2008. The Irish Prison Service Finance Directorate is engaged in an ongoing promotion and education process in relation to the Procurement Policy and related presentations have been made to staff at all levels within the organisation. The issue of procurement and, in particular, adherence to the Procurement Policy, is an ongoing item on the agenda for senior management meetings. During 2008, a number of key staff appointments were made to the Finance Directorate of the Irish Prison Service, including a Director with sole responsibility for Finance and Procurement.

The Irish Prison Service are committed to ensuring that procurement is carried out in an open and transparent manner with the overriding principle of achieving value for money.

Citizenship Applications.

Caoimhghín Ó Caoláin

Question:

399 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his views on introducing a system whereby citizenship applicants can check the status of their applications on-line in view of the fact that the telephone information line is open only for a few hours each week and that callers are often unable to get through or are kept waiting on hold. [15353/09]

The granting of Irish Citizenship through Naturalisation is a privilege and an honour and not an entitlement.

Processing of applications for a certificate of naturalisation is a two stage process: 1) initial processing and 2) further processing. All applications that pass initial processing commence further processing in strict chronological order. Therefore the only status of relevance to an applicant is whether they have passed initial processing and whether they have commenced further processing. This information is already provided to the applicants by letter and on-line.

Applicants are informed by letter, within a week at present, whether their application has passed the initial processing stage. In the same letter, they are informed of the average timeframe from application to decision. Information on the average time from application to decision and what applications have commenced further processing is provided on the Irish Nationality and Immigration Services website and is also automatically provided on the telephone helpline introductory script to enable callers seeking this information to receive it without having to wait for an operator.

If there are any problems with an application that require the input of the applicant, the Citizenship Division contacts the applicant directly. The vast majority of queries to the Citizenship helpline relate to information, largely similar to that mentioned above, which has already been provided to each applicant by letter, on-line or on the helpline introduction.

I am sure the Deputy will be aware that, in an effort to improve its service to Oireachtas Members, the Irish Naturalisation and Immigration Service has established a service to provide information/answers to queries in relation to individual immigration and citizenship cases by way of an e-mail address (INISOireachtasMail@justice.ie) which is exclusively for Oireachtas Members (and their authorised staff). A commitment was given that the majority of e-mails received would be responded to within 10 working days and I am informed that this commitment is being adhered to and, indeed, improved upon. In its first year of operation more than 4,000 enquiries were responded to within the timeframe. I would encourage TD's and Senators to make use of the service as it provides information for Oireachtas members in a timely and less costly way.

Garda Operations.

Aengus Ó Snodaigh

Question:

400 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if increased resources will be given to community gardaí, the garda juvenile diversion programme and garda youth diversion projects to tackle anti-social behaviour. [15355/09]

Charles Flanagan

Question:

424 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to use the additional capacity of An Garda Síochána to target communities experiencing significant anti social behaviour and crime; and if he will provide a practical example of same. [15487/09]

I propose to take Questions Nos. 400 and 424 together.

While work on finalising the detail of the Revised Estimates Volume is not yet completed, I can say that priority will continue to be given to resources, including overtime, for front-line policing duties. The focus across all areas of activity will, as always, be on intelligence led operations, high visibility patrolling and utilising our resources to the greatest effect to get the best results. I am satisfied that any measures which we take to ensure proper control of the public finances will recognise fully the need to preserve front line services.

I have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 28 February, 2009, the latest date for which figures are readily available, was 14,371, with a further 1,043 students in training. Numbers are scheduled to reach a record high of almost 15,000 by the end of this year. The number of Community Gardaí on that date was 736.

The allocation of Garda resources, including personnel, is a matter in the first instance for the Garda Commissioner and senior Garda Officers. This allocation of personnel and other resources is determined by a number of factors including demographics, crime trends and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources and that the best possible service is provided to the public.

In January the Garda Commissioner and I launched a new National Model of Community Policing for An Garda Síochána. The concept of community policing is central to the Force's ability to deliver a professional, effective and responsive policing service. The Garda Juvenile Diversion Programme, operated by Garda Juvenile Liaison Officers, has proved to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. It also enables referral to the Garda Youth Diversion Projects which are funded by the Youth Justice Service and are community-based, multi-agency crime prevention initiatives operating separately from the Diversion Programme. There are currently 100 of these projects operating in various locations throughout the country.

The primary focus is on ensuring the quality and effectiveness of the current services provided, and in this regard the Irish Youth Justice Service and the Garda Síochána are reviewing the effectiveness of the diversionary measures in use by the projects, so as to make best use of the resources available.

Citizenship Applications.

Mary O'Rourke

Question:

401 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath. [15356/09]

I wish to inform the Deputy that the person to whom she refers was granted permission to remain in the State under the revised arrangements for the non-EEA citizens of children born in Ireland prior to 1 January 2005, commonly known as the IBC/05 Scheme. That permission is currently valid until 7 July 2010.

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

Visa Applications.

Jack Wall

Question:

402 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding a visa application for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15395/09]

I refer the Deputy to my answer to PQ No.134 of the 2 April 2009. 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 Reserve.

Mary O'Rourke

Question:

403 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform the number of members in the Garda Reserve Force here; the number deployed in Athlone, Mullingar and Longford and in total throughout this garda division; and if he will make a statement on the role of the Garda Reserve Force. [15397/09]

The personnel strength of the Garda Reserve as at 31 March 2009 was 322, with a further 152 persons in training. The number of attested Garda Reserve members currently assigned to the stations mentioned by the Deputy is as follows:

Station

Number

Athlone

1

Mullingar

6

Longford

1

The Garda stations mentioned above fall into two separate Divisions. Athlone and Mullingar are in the Westmeath Division where the total number of Reserve members is 7. Longford is in the Roscommon/Longford Division where the total number of Reserve members is 4.

The Government is strongly committed to the development of the Reserve. Recruitment to the Reserve is continuing and regular promotional campaigns to attract Reserve members are being undertaken. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve.

I am fully satisfied that the Reserve provides a valuable contribution to the Garda Síochána and to the many communities where it is operating. In particular, I would like to express my appreciation to the members of the Reserve who serve on a voluntary basis and give of their time very generously.

Crime Levels.

Joe Costello

Question:

404 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the number of suspected offenders who were on bail when they were arrested for possession of drugs for sale or supply; the number of suspected offenders who were on bail at the time of their arrest who were granted continuing bail on the new charge; the number who were refused bail; and if he will make a statement on the matter. [15425/09]

Following the submission of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this, and the CSO has established a dedicated unit for this purpose.

I have therefore requested the CSO to provide the statistics sought by the Deputy directly to him.

Citizenship Applications.

Mary O'Rourke

Question:

405 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Galway who has applied for and been refused renewal of their business permission. [15434/09]

The Irish Naturalisation and Immigration Service (INIS) informs me that the person in question was afforded Business Permission on 13 March 2007 in the Information Technology sector for 12 months subject to any subsequent renewals showing successful business viability.

Business Permission was renewed on 5 March 2008 for a further 12 months in which the person concerned was advised that the conditions set in the original notice of approval still applied and that evidence was to be produced at the next renewal date that the business had been fully operational.

A request was received from the person concerned on 26 January 2009 to renew his business permission which contained no set of accounts. Correspondence was engaged between INIS and the person concerned seeking the required documentation. A report and set of unaudited accounts was subsequently received.

The renewal of the business permission was refused on 26 March 2009. Documentation submitted in support of the renewal did not satisfy INIS that the business was operating successfully based on the extremely low level of income being generated or was adding to the commercial activity and competitiveness of the State. An appeal of this refusal to renew business permission was received by INIS on 07 April 2009. The appeal was considered and a decision was conveyed to the person concerned in writing which issued to current and previous addresses on 16 April 2009.

Dan Neville

Question:

406 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform if he will ensure that an application for citizenship for a person (details supplied) in County Limerick is processed without further delay; and if he will make a statement on the matter. [15440/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department on 2 December 2004.

Officials in that Section inform me that processing of this application is at an advanced stage and the file will be forwarded to the Minister for a decision in the coming months.

Aengus Ó Snodaigh

Question:

407 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of people granted naturalisation through the post nuptial declaration scheme for the years 1995 to 2005. [15450/09]

The table below sets out the details requested by the Deputy.

Year

Certificates Issued

1995

678

1996

402

1997

1,011

1998

1,217

1999

1,022

2000

1,018

2001

1,419

2002

1,550

2003

2,272

2004

2,449

2005

2,629

Legislative Programme.

Charles Flanagan

Question:

408 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress made on his proposal to introduce a right for the State to recover from the perpetrators of crime the amount paid out by the Criminal Injuries Compensation Board in respect of that crime. [15469/09]

I can inform the Deputy that, in relation to this matter, the position remains the same as set out in my reply to his Dáil Question No. 212 of 12th November 2008.

As I pointed out in my previous reply, work is continuing in relation to complementing the work of the Criminal Injuries Compensation Tribunal. Only last week, I published the fourth Annual Report of the Commission for the Support of Victims of Crime which detailed the disbursement in 2008 of over €1m. to 45 groups which are providing front-line services to victims of crime.

Legal Aid Service.

Charles Flanagan

Question:

409 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the position regarding his proposal to ensure that accused persons who can afford to defend themselves do not obtain legal aid by requiring those seeking legal aid to complete a statutory declaration prior to attending court. [15470/09]

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Applicants must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary.

The Act further provides that the court may require an applicant to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. My Department is committed to ensuring that public funds are safeguarded and, in consultation with the Courts Service, is currently reviewing the operation of this aspect of criminal legal aid.

Crime Prevention.

Charles Flanagan

Question:

410 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he expects to establish a domestic violence prevention office for victims of domestic abuse; when he plans to set up the domestic violence fund; and the approximate amount to be placed in the fund. [15471/09]

The Government's commitment to tackling domestic violence is reflected in the establishment in June, 2007 of Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence. Cosc's key responsibility is to ensure the delivery of a well co-ordinated "whole of Government" response to domestic, sexual and gender-based violence.

Cosc's current priority is to produce a National Strategy on Domestic, Sexual and Gender-based Violence. This strategy will set out the policy on addressing the forms of violence concerned as well as the preventative and responsive actions to be taken by a broad range of organisations to ensure a well co-ordinated system is in place. Work on preparing the strategy is well advanced. There was a good response to a call for submissions in the middle of last year and a round of regional consultations with Non-Government Organisations took place at the end of 2008. The details of the Strategy are currently being progressed with the help of Cosc's State and NGO partners. Cosc has also commenced a research project to map the relevant services currently available in Ireland for victims of domestic, sexual and gender-based violence and this work will also inform the strategy. The commitments in the Programme for Government in relation to domestic violence are being addressed in the context of work on the national strategy.

Sexual Offences.

Charles Flanagan

Question:

411 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to legislate for a new offence of supplying and administering date rape drugs. [15474/09]

As the Deputy may be aware, section 12 of the Non-Fatal Offences Against the Person Act, 1997, provides that it is an offence for a person, intentionally or recklessly to administer to, or cause another to take, a substance which he or she knows is capable of interfering substantially with that other person's bodily functions, where he or she knows that the person does not consent to that action taking place. The section also provides that a substance capable of inducing unconsciousness or sleep is deemed capable of interfering substantially with bodily functions. In the light of the commitment in the Programme for Government, 2007-2012, to introduce legislation covering the area of "date rape", the need for a specific legislative provision, covering this area, is being given careful consideration within my Department.

Human Trafficking.

Charles Flanagan

Question:

412 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress regarding his proposal to bring in tougher penalties for trafficking, ensuring greater prosecution of traffickers and to improve support services for their victims, particularly for those who are the victims of sexual exploitation. [15475/09]

The penalty provisions provided in the Criminal Law (Human Trafficking) Act are set out in the reply to Question No. 219 of 12 November 2008. I am informed by the Garda Síochána that there are currently forty-six investigations ongoing under this legislation, on completion of which investigation files will be submitted to the Law Officers.

Section 2 of the Illegal Immigrants (Trafficking) Act, 2000 created the offence of trafficking in illegal immigrants. In 2008, two persons were prosecuted for breaches of this Section, one of whom was convicted before the District Court of three counts and received the Probation Act. The other person is charged with one count of an offence under this Section and is currently before the Courts. To date in 2009, one person has been charged with a section 2 offence and was convicted before the District Court, receiving the benefit of the Probation Act.

With regard to support services, the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking facilitate the granting of an immigration status to alleged victims in the State. They provide for a sixty day recovery and reflection period. As indicated in the reply to Question No. 219 of 12 November 2008 where the person wishes to assist the Garda Síochána in any investigation or prosecution in relation to the alleged trafficking, a further six months period of residence, renewable, is provided to enable him or her to do so. Other measures of assistance such as accommodation, medical treatment, counselling have been put in place and they and other services continue to be developed by my Department, in conjunction with Governmental and non-governmental organisations.

Proposed Legislation.

Charles Flanagan

Question:

413 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to provide legislation for the forfeiture of all material gains from the production, sale and distribution of illegal pornography. [15476/09]

The Deputy will, no doubt, be aware of the existing legislative provision covering the recovery and disposal of the proceeds of crime, contained in the Proceeds of Crime Act, 1996 and the Criminal Assets Bureau Act, 1996, as amended by the Proceeds of Crime (Amendment) Act, 2005. This wide-ranging legislation makes provision for confiscation, restraint of use, freezing, preservation or seizure of assets which have been identified or are suspected as deriving directly or indirectly from criminal activity. Consideration is being given to the matter of providing for further legislative measures in this area, including review of the need to provide for the forfeiture of all material gains from the production, sale and distribution of illegal pornography, in the light of the commitments in the Programme for Government, 2007-2012.

Prisoner Releases.

Charles Flanagan

Question:

414 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will ensure that all sexual offenders are assessed before their release from prison to identify the level of supervision and regulation needed. [15477/09]

Arrangements are being made to have all sex offenders in prison assessed before their release. This is being introduced on a phased basis giving priority to those offenders identified as being of higher risk. I have been advised that by the end of this year, we will have reached the stage where the majority of sex offenders are being assessed.

While all sex offenders must notify the Gardaí of their names and addresses, generally speaking when a prisoner has fully completed his or her sentence he/she is no longer subject to any legal obligation to be subject to supervision. However, some former prisoners will, of their own volition, participate in courses/programmes arranged through the Probation Service. In the case of sexual offences the Judge at the time of sentencing may include a post release supervision order which applies after the custodial part of the sentence has been served. Some form of supervision may also be imposed by the Courts in the context of a part or full suspended sentence.

The Probation Service carries out formal risk assessments on offenders using validated risk assessment instruments. This informs both the level of supervision and the targets for intervention during supervision. Evidence from research indicates that the higher the level of risk, the greater the level of intervention required. Supervision levels therefore vary depending on the level of assessed risk. Supervision incorporates a multi agency and cross sectoral approach.

Additionally my Department through the Probation Service financially supports a broad range of community programmes to support the supervision process. For example, in partnership with the Granada Institute, the Probation Service runs the Lighthouse Sex Offender Treatment Programme. This is a therapeutic group work programme which aims to reduce the risk of re-offending. There are two group work programmes running currently in Dublin and one in Cork. The three programmes offer places to a total on 24 sex offenders at any one time. I should also make the Deputy aware of some more recent developments:

Firstly, I published a significant Discussion Document on the management of sex offenders last January which sets out a range of enhanced initiatives that will result in more strategic targeting of higher risk offenders by the Gardaí and the Probation Service with the full support of the Irish Prison Service.

Secondly, I have asked my Department to review the operation of the Sex Offenders Act, 2001.

Thirdly, I have also asked my Department to examine how we might use Electronic Monitoring technology to monitor sex offenders during the first six months following release from prison as well as the more general application of this technology to the wider prisoner population. The Project Group set up to look at this matter — which is led by the Probation Service — is due to report later in the year and my Department is looking at the legislative implications of monitoring the sex offender cohort for a defined period following release.

The Irish Prison Service is introducing a number of initiatives aimed at increasing the range and availability of therapeutic interventions for sex offenders in prison, increasing participation rates and increasing the effectiveness of interventions. The new treatment programme "Building Better Lives", the rollout of which commenced in January 2009, will ensure that all sex offenders serving sentences of one year or more will have access to appropriate treatment.

Proposed Legislation.

Charles Flanagan

Question:

415 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will introduce a sexual offences Bill which will consolidate and modernise all criminal law in the area of sexual offences. [15478/09]

I am preparing a Sexual Offences Bill at present which will update and modernise many of the laws protecting children and other vulnerable persons against sexual abuse and sexual exploitation. I am also aware that the Joint Oireachtas Committee on the Constitutional Amendment on Children is expecting to shortly publish an interim report on absolute and strict liability. On the publication of that report, I will devise a strategy for updating the criminal laws generally that govern sexual offences and seek Government approval to implement that strategy. It would not be feasible to consolidate those laws until they are brought fully up to date.

Human Trafficking.

Charles Flanagan

Question:

416 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will ratify the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. [15479/09]

The Deputy's Question is understood to refer to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime. Many of the provisions of the United Nations Convention on Transnational Organised Crime have already been given effect through legislation. Additional legislation is required before ratification of the Convention can take place. This legislation is currently being drafted.

The enactment of the Criminal Law (Human Trafficking) Act 2008 which came into effect on 7 June 2008 brought Ireland into compliance with the criminal law/law enforcement elements of the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. Other aspects of the Protocol are being dealt with administratively in the context of the National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland — which is at an advanced stage of preparation and will be published later this year — and through engagement with the Governmental and non-governmental organisations in this area. This Plan sets out structures which, when in place, will bring Ireland into line with its international obligations by providing the baseline structures for the ratification of the Council of Europe Convention on Action Against Trafficking in Human Beings and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Prison Accommodation.

Charles Flanagan

Question:

417 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of high security wings and sections in each prison here; the date of establishment of each; and the average cost per year to maintain each one for each of the past five years. [15480/09]

The majority of institutions within the prison estate are medium security closed prisons and accommodate a wide variety of prisoners ranging from those serving short sentences for relatively minor offences up to prisoners serving lengthy determinate sentences or life for serious offences. The exception is Portlaoise Prison which is a maximum security prison. The most recent available costings in relation to Portlaoise Prison are set out in the following table:

Year

Total Cost

2002

28,319,999

2003

29,707,933

2004

27,468,474

2005

29,126,896

2006

28,027,952

2007

31,564,848

2008

Figures not yet available

The cost per prisoner is based on the overall operating costs in each year, i.e, the actual running costs, such as pay, light and heat, food, maintenance, small works, etc., and also includes certain fixed costs that arise irrespective of the number of prisoners in custody, e.g. staffing numbers, utilities, etc. In addition, all headquarters and central service costs are allocated over the prison establishments for the purpose of calculating the cost per prisoner at each location. Major capital expenditure is excluded from the calculation in the interest of facilitating comparison between individual institution costs. In addition, a Segregation Unit was opened in Cloverhill Prison in May 2007. The average cost per prisoner in Cloverhill Prison for 2007 was €84,700. The increase in the annual cost per prisoner during the period 2004 to 2007 is due primarily to pay increases under the National Pay Agreements.

The new prison facilities at Thornton Hall will include a purpose designed high security facility capable of accommodating up to 40 prisoners in a safe, secure setting with appropriate support facilities. It is also intended that the proposed prison development at Kilworth, County Cork will have a high security unit and this is being provided for in the design brief for the new facility.

Public Order Offences.

Charles Flanagan

Question:

418 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the penalties under the Public Order Act for alcohol related disorder; and his plans to increase this penalty. [15481/09]

Most public order offences involving alcohol related disorder are prosecuted under the Criminal Justice (Public Order) Act 1994. Sections 4 and 5 of that Act are of particular relevance to alcohol related offences. They relate to offences of intoxication in a public place and disorderly conduct in a public place, respectively.

The Deputy will be aware that the fines for sections 4 and 5 offences were increased last year by an amendment to the 1994 Act in the Intoxicating Liquor Act 2008. The maximum fine for persons convicted of an offence under section 4 is now €500 and the maximum fine for a conviction under section 5 is now €1000. I would also draw the Deputy's attention to Section 8 of the 1994 Act. That section provides for a Garda to direct a person to desist from behaving in a manner contrary to the provisions of section 4 and 5. The Garda may instruct the person to leave the vicinity of the area in question. Failure to comply with the direction is an offence punishable by a fine or up to six months imprisonment, or both. The maximum fine was increased to €1000 by the 2008 Act.

The Deputy will be aware that section 3 of the Criminal Justice (Public Order) Act 2003 provides for exclusion orders. Certain restrictions can be imposed by these orders. The 2008 Act presented an opportunity to further enhance Garda powers to combat alcohol related disorder with the insertion of a new section 8A into the 1994 Act. Section 8A provides that a Garda may confiscate intoxicating liquor from a person and may direct that person and any accompanying persons to leave the area in a peaceable manner. A person convicted of an offence under this section is liable to a fine of up to €1000.

I would also inform the Deputy that in September 2008, I introduced Regulations that provide for the issue of fixed charge notices for offences under sections 4 and 5 of the 1994 Act. These Regulations permit a Garda to serve a fixed charge notice on a person who, in the opinion of the Garda, has committed one of these offences. The notice provides for the option of paying a fixed charge of €140 in respect of disorderly conduct and €100 in respect of public intoxication, instead of being prosecuted for the relevant offence. These Regulations gave effect to sections 23A and 23B of the 1994 Act which were inserted by Section 184 of the Criminal Justice Act 2006. I have no plans at present for further changes in the level of penalties but I will be keeping the situation under review.

Garda Powers.

Charles Flanagan

Question:

419 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he plans to increase Garda powers to issue stay away orders when there is harassment in public places or at the home of a person or witness. [15482/09]

The Deputy will be aware that there are, of course, legislative provisions already in place to oblige people to stay away from other people or places. Thus, the Non Fatal Offences Against the Person Act 1997 permits the Court, in appropriate cases, to order a person not to communicate with a specified person or not to approach within a specified distance his/her home. The Criminal Justice Act 2007 empowers the Court, following the conviction of a person for a serious offence, to make a ‘protection of persons' order. The purpose of the order is to protect the victim of the offence or any other person named in the order, who might be a relative of the victim or a witness, from harassment or intimidation by the offender. Section 41 of the Criminal Justice Act 1999 makes it an offence to threaten or intimidate a witness or potential witness or members of his/her family with the intention to pervert the course of justice, and I have indicated my intention to increase the already lengthy penalties provided for in this regard. I am examining, in the context of the Programme for Government commitments, what further steps may be necessary in relation to ‘stay away' orders.

Charles Flanagan

Question:

420 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he plans to legislate to allow gardaí to issue restriction orders. [15483/09]

The Deputy will be aware that the constitutional rights of individuals must be balanced against any procedures which seek to restrict movement or access. As a consequence, the power to impose such restrictions is the preserve of the courts. In general the courts will consider the necessity of imposing such restrictions following an application by the Gardaí. There are several provisions on the statute book at present which provide for restrictions, including:

i. exclusion orders under Part 2 of the Criminal Justice (Public Order) Act 2003,

ii. section 101 of the Criminal Justice Act 2006 (an alternative to a custodial sentence),

iii. warnings and orders under Parts 11 and 13 of the Criminal Justice Act 2006 (anti-social behaviour), and

iv. post release orders under section 26, Criminal Justice Act 2007. Conditions attaching to bail (under section 6 of the Bail Act 1997) may also entail some restrictions. I have no plans to provide for Gardaí to issue restriction orders.

Closed Circuit Television Systems.

Charles Flanagan

Question:

421 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the closed circuit television grant aid system for community groups and organisations which has been offered by his Department each year for the past five years; the funding allocation each year for the past five years; and the progress on plans to roll out CCTV projects. [15484/09]

The Community-based CCTV Scheme was launched in 2005 to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with establishing a community CCTV system. Pobal has been engaged to administer the Scheme on behalf of my Department. Two types of grant have been made available under the scheme. Substantive grants of up to €100,000 have been made available from my Department with the Department of Community, Rural and Gaeltacht Affairs providing matching funding for successful applications from RAPID areas. Pre-development grants of up to €5,000 have also been made available to assist local communities to develop substantive proposals in their areas.

Two major rounds of the scheme were advertised in 2005/2006 and 2007 with a total of 13 and 30 substantive schemes respectively approved for funding. A further 2 schemes under the Limerick Regeneration programme were approved in 2008. In addition, 54 schemes were awarded pre-development grants over the same period. The annual financial allocation for CCTV includes both the Community and Garda schemes and is not recorded separately. Expenditure on the Community schemes is dependent on progress on implementation by the various communities with staged payments made as appropriate. Accordingly, the funding allocation per annum requested by the Deputy is not readily available and in any event, would not be meaningful, as the award of funds is directly linked to the dates the various rounds of the schemes were announced.

However, expenditure (on both substantive and pre-development grants) by my Department for each of the years since grants have been approved is set-out in the table below. To date, a total of 20 substantive schemes have been installed and are operational with the remaining 25 schemes at various stages of implementation. Many of these are at an advanced stage with part payments already made.

Year

Amount

2005

0.0

2006

155,665

2007

671,178

2008

931,685

2009 to end March

200,000

Any further plans for extension of CCTV are dependent on a number of factors including the availability of funding, progression of the schemes already grant aided and overall policy considerations.

Proposed Legislation.

Charles Flanagan

Question:

422 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to legislate for mandatory jail terms for violent unprovoked assaults and to criminalise the practice of so-called happy slapping. [15485/09]

As the Deputy will no doubt be aware, the Non-Fatal Offences Against the Person Act, 1997, already provides for a variety of offences in relation to assault, including assault causing harm, causing serious harm, threats to kill or cause serious injury, as well as a range of other offences.

The question of introducing additional legislative measures in this area specifically in respect of violent unprovoked assaults and to criminalise the practice of so called "happy slapping" including providing for mandatory jail terms for such offences, is under consideration by my Department in the light of the commitment in the Programme for Government 2007-2012.

Garda Strength.

Charles Flanagan

Question:

423 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress of An Garda Síochána to date in providing for an increased number of promotional posts to ensure that management is not over-stretched by increased civilianisation as per the programme for Government commitment. [15486/09]

I am informed by the Garda authorities that the strength of management ranks in An Garda Síochána as of 29 February 2008 and 28 February 2009, the latest date for which figures are readily available was as set out hereunder:

Rank

29 Feb 2008

28 Feb 2009

Commissioner

1

1

Deputy Commissioner

2

2

Assistant Commissioner

12

12

Chief Superintendent

52

51

Superintendent

183

186

Inspector

329

344

Sergeant

2,077

2,221

Total

2,656

2,817

Question No. 424 answered with Question No. 400.

Garda Inspectorate.

Charles Flanagan

Question:

425 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress to date on the development of a Garda charter; the recommendations the Garda Inspectorate has passed to him on the issue; and when he expects same to be published. [15488/09]

As I have indicated previously, the Garda Inspectorate have been requested to provide advice on the development of a Garda charter. The inspectorate has advised me that its work is nearing completion and I look forward to receiving its report shortly.

Human Rights Issues.

Charles Flanagan

Question:

426 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the initiatives in place within An Garda Síochána for tackling racism, homophobia, and upholding the human rights standards within society here. [15489/09]

Within the Garda Síochána there have been a number of developments designed to bring regard for human rights to the core of policing in Ireland. Section 7 of the Garda Síochána Act 2005 sets out the functions of the Garda Síochána to include (a) the protection of life and property and (b) vindicating the human rights of each individual. Section 16 of the Act of 2005 provides a revised form of declaration for persons joining the Force, which specifically directs each new member's attention to the need to have regard for human rights in carrying out policing duties. In addition a 32 page guide to the European Convention on Human Rights Act 2003 has been distributed to each member of the force. The guide outlines the key principles of human rights obligations as they apply to operational policing.

Human rights compliance also features strongly in the Garda Síochána's corporate strategy "A Time for Change (2007-2009)". That document commits the Gardaí to engaging in "a culture of public service grounded in honesty, integrity, respect, professionalism and accountability". It further commits to "compliance with the highest standards of ethical human rights and service standards."

The Garda Síochána has a comprehensive education, training and information system for the professional development of all members. This development programme incorporates human rights training. This applies both to Garda students and at supervisory and managerial development courses. In addition the preparation of a new statutory Code of Ethics is well underway.

The ongoing need to "human rights proof" Garda policies has been fully accepted by Garda management. In this regard the publication of the Irish Human Rights Commission policy statement on the Human Rights Compliance of An Garda Síochána on Monday last and the recommendations they have made will be considered carefully by my Department and the Garda Commissioner so that the matter is the subject of ongoing improvement and development.

At an operational level I understand that there are a number of practical initiatives underway involving the Garda Síochána and disparate groups within society to ensure that every effort is made to uphold individual human rights and tackle racist and homophobic incidents.

These initiatives include:

ongoing liaison between An Garda Síochána and the Office of the Minister for Integration in relation to the integration of migrants and in relation to monitoring of incidents of racism.

extension of the remit of the Garda and Racial Intercultural Office (GIRO), which has responsibility for co-ordinating, monitoring and advising on all aspects of policing in the area of ethnic and cultural diversity, to also include groups representing the Lesbian, Gay, Bisexual and Transgender (LGBT) communities and organisations representing persons with disabilities.

the training of over 600 Ethnic Liaison Officers to link with members of ethnic minority communities and the traveller community.

the adaptation of the PULSE system to record incidents of a racist nature.

the active interaction with members of ethnic minority communities as part of the Garda Síochána's commitment under the National Action Plan against Racism.

close liaison with the Gay and Lesbian Network (GLEN) to develop jointly a guide to best practice on policing and the LGBT communities.

the development of plans to have a trained LGBT officer in each Garda Division

awareness of LGBT issues now forms part of the professional training of new Garda recruits

Drug Treatment Programme.

Charles Flanagan

Question:

427 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of drug treatment programmes in each prison here; the number of places available in each prison for each year for the past five years; the timeframe of each programme; the funding provided to each programme annually for the past five years and for 2009; and the number of staff working on each programme in each prison for each year for the past five years and for 2009. [15490/09]

I wish to advise the Deputy that the gathering of all the detailed information requested would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

The Irish Prison Service continues to work to implement its Drugs Policy & Strategy, entitled Keeping Drugs Out of Prison, which was launched in May 2006. Working to fulfil the commitments contained in the Policy and Strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population as well as meeting prisoners' treatment and rehabilitative needs.

At present, any person entering prison giving a history of opiate use and testing positive for opioids on committal are offered a medically assisted symptomatic detoxification if clinically indicated. Patients can, as part of the assessment process, discuss with healthcare staff other treatment options which may include stabilization on methadone maintenance for persons who wish to continue on maintenance while in prison and when they return to the community on release. Methadone maintenance is available in 8 of the 14 places of detention (accommodating over 80% of the prison population). The table below provides the number of prisoners who received opiate substitution treatment with methadone (detox, stabilisation or maintenance) since 2003.

Methadone Treatment Per Prison

Number of Prisoners Treated

Prison

2003

2004

2005

2006

2007

2008

Cloverhill

591

528

571

678

710

827

Dochas

257

211

228

216

225

245

Limerick

15

3

4

8

10

37

Midlands

6

6

19

90

110

Mountjoy

592

394

590

464

594

553

Portlaoise

30

6

2

2

3

4

St.Patrick’s

43

3

1

8

15

28

Wheatfield

226

158

162

184

193

210

Totals

1,754

1,309

1,564

1,579

1,840

2,014

Drug users present with multiple and complex problems. The evidence would indicate that a multi-disciplinary approach is needed to effectively care for this group and that maintenance of a personalised therapeutic relationship yields the best outcomes. With this in mind, specialist addiction nursing posts were developed in the Irish Prison Service with a view to streamlining care and throughcare back into the community.

The Medical Unit in Mountjoy Prison has 9 spaces specifically allocated for a therapeutic drug free programme. This intensive programme is 6 weeks in duration and includes involvement from both prison based staff and external community agencies. Its aim is to assist prisoners in achieving a drug free status.

There is no specific limit on the number of detox treatments available in each prison, the number of detoxifications carried out will be determined by the clinical needs of the prisoners presenting. The duration of the detoxification process varies from institution to institution but is typically of 16 or 21 days duration. For example in 2008, there were 727 treatment episodes of detoxification using methadone.

Prisoners have access to a range of medical and rehabilitative services such as psychosocial services and work and training options which assist in addressing their substance misuse issues. Because of this multifaceted approach, it is not possible to give comprehensive detail on the total number of prisoners engaged in the various treatment modalities. However there were 2487 treatment episodes using methadone substitution in 2008.

Staffing costs represent the bulk of drug treatment funding and it is not possible to apportion the actual time spent by healthcare and prison officer staff on the treatment related duties which form part of the overall role they perform. However, expenditure on drug treatment, excluding indirect staff and ancillary costs was approximately €2.5 million in 2008.

Sentencing Guidelines.

Charles Flanagan

Question:

428 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress on allowing the Director of Public Prosecutions to appeal against lenient sentences in the District Court and allowing the DPP to make submissions at sentencing stage. [15491/09]

As the Deputy will be aware, a report of the Law Reform Commission on prosecution appeals and pre-trial hearings cited the lack of sentencing information and a shared sentencing framework in the District Court as difficulties with regard to providing the DPP with a power to seek a review of unduly lenient sentences handed down in that court. Work is progressing on addressing this deficit through the development of the project known as the Irish Sentencing Information System (ISIS). This project is being overseen by a steering committee, established by the Courts Service Board and chaired by Mrs. Justice Susan Denham of the Supreme Court. The objective is to develop a system will allow users to enter relevant criteria and access information about the range of sentences and other penalties which have been imposed for particular types of offence. This will be an invaluable support to judges when considering the sentence to be imposed in an individual case. When implemented, I expect that this initiative will facilitate the preparation of legislation to provide the DPP with a power to seek a review of unduly lenient sentences handed down in the District Court.

Improved access to sentencing precedents and practice via the ISIS project would also facilitate any initiative on providing for prosecution submissions on sentences. At present there is no statute regulating the right of the prosecution to make such submissions, however, the DPP's Guidelines for Prosecutors give some direction in this regard, as do the codes of conduct of the Bar and the Law Society. The Balance in the Criminal Law Group, chaired by Dr. Gerard Hogan SC, considered this issue and recommended that the DPP's guidelines be amended to permit the prosecution to assist the sentencing judge by volunteering information on sentencing precedents irrespective of whether such detail was or was not solicited by the Court. The Group further recommended that my Department, together with the Office of the DPP, keep under review the possibility of allowing the prosecutor to volunteer precedents and to make submissions at the outset of the sentencing stage and to make submissions to the court as to the aggravating factors, but without recommending a particular sentence range. These recommendations are being examined by my Department.

Proposed Legislation.

Charles Flanagan

Question:

429 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to progress the role of the Judicial Studies Institute in assisting the professional development of the judiciary; and the funding provided for the institute for each year for the past five years and for 2009. [15492/09]

The Deputy will appreciate that is for the Judicial Studies Institute itself to plan, organise and manage its business. My function as Minister under the Courts and Court Officers Act 1995 is, with the consent of the Minister for Finance, to provide funds for the training and education of judges. The aim of the Institute is to facilitate the continuing education of judges in relation to all aspects of the judicial function. The Institute operates on a non-statutory basis at present. I am providing, in the context of my proposals for the Judicial Council Bill referred to in the Government Legislation Programme, for establishment of the Institute on a statutory basis.

The budget allocated to the Institute from 2004 to 2009 is as follows:

Year

2004

400,000

2005

450,000

2006

450,000

2007

500,000

2008

500,000

2009

500,000

Court Procedures.

Charles Flanagan

Question:

430 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to introduce new pretrial procedures to deal with admissibility of evidence to save overtime, and the time of jurors and the court. [15493/09]

Charles Flanagan

Question:

433 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will introduce procedures in order that the defence should provide the prosecution with a list of intended witnesses and put structures in place to ensure that the prosecution is on notice of the points of defence raised by the defence in advance. [15496/09]

I propose to take Questions Nos. 430 and 433 together.

The Deputy will be aware that the issues relating to admissibility and advance disclosure by the defence were examined by the Balance in the Criminal Law Review Group, chaired by Dr. Gerard Hogan SC, which reported in March 2007 to the then Minister for Justice, Equality and Law Reform.

The question of the admissibility of certain evidence relates to determining what evidence can be presented on a basis agreed between the parties and the court. Maximising the possibilities for agreement on as much of the evidence as possible and at the earliest possible stage would clearly be of benefit not only in so far as it would reduce the trial time and the related costs, it would also, in many cases, reduce the difficulties a trial can evoke for the victim. It is therefore, without doubt, a worthwhile objective. Having considered the matter, the Review Group recommended that legislation be introduced to provide that admissibility issues should be determined prior to the swearing in of a jury. Its recommendation is being considered by my Department. I am also awaiting the outcome of the Law Reform Commission's review of the law of evidence, as part of its Third Programme of Law Reform.

In relation to advance disclosure by the defence, it is recognised that a considerable disparity exists between the obligations of the defence side when compared to those faced by the prosecution. As a general rule, the prosecution must set out precisely the case it will be seeking to present and the conclusions which it will attempt to prove. Apart from certain limited exceptions, the defence is not required to furnish any information. The exceptions to the rule relate to alibi evidence under Section 20 of the Criminal Justice Act 1984, witness information required under the Offences Against the State (Amendment) Act 1998 and evidence regarding the mental state of the accused under Section 19 of the Criminal Law (Insanity) Act 2006.

The Review Group considered a range of options that would have extended the areas where advance disclosure by the defence would be required. It concluded that any extension of the present obligations should be limited to expert and technical reports and witness statements of experts which the defence intends to present as evidence.

It is my intention to give effect to this conclusion in the Criminal Procedure Bill 2009. The Bill was approved for drafting by the Government at the end of 2008. I expect to publish the Bill in this term. Meanwhile, a copy of the general scheme of the Bill is available from my Department's webpage.

Charles Flanagan

Question:

431 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his legislative plans which will give the courts greater discretion on the way trials are to be conducted and enable it to give directions as to document exchange and scheduling of witnesses. [15494/09]

Charles Flanagan

Question:

432 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will put in place a structure whereby the defence will accept certain kinds of technical evidence by certificate of gardaí unless they can show good reason why gardaí should have to be physically present in court; and when he will put in place a structure whereby technical evidence, particularly search warrants, are presumed to be valid unless contradictory evidence can be produced. [15495/09]

I propose to take Questions Nos. 431 and 432 together.

In general, courts have discretion, subject to the requirements of the administration of justice, as to the directions they may give in a particular case to enable a trial to be conducted expeditiously, including directions for exchange of documents. Moreover, case management regimes, for example, have been in operation in the High Court in the areas of commercial proceedings, family law proceedings and some other categories of litigation. I understand that, borrowing on the experience of those regimes, proposals to introduce case progression procedures in respect of further litigation categories in the High Court are currently being studied by the judiciary.

Last September I signed into law the Circuit Court Rules (Case Progression in Family Law Proceedings) 2008 which conferred County Registrars with important powers to assist in expediting family law proceedings in the Circuit Court. Those rules assign to County Registrars, through case progression hearings, the functions of overseeing preparation of family law cases, setting timetables for completion of pre-trial steps, generally monitoring the progress of the case, and making final arrangements for the trial.

The Third Programme of work of the Law Reform Commission includes a project on documentary evidence and technology. Documentary evidence is an essential element of nearly all litigation. This project will discuss the rules concerning proof of execution and authentication of documents, and consider the need for their modernisation. The project will also consider whether electronic evidence should be regulated as a separate category of evidence. My Department will give careful consideration to the findings of the Commission.

The amount of time potentially spent by Gardaí in court proceedings was noted in a recent report of the Garda Síochána Inspectorate. It also noted that within the Dublin Metropolitan Region a Court Presenter system is in place in the Dublin Metropolitan Court District and that outside the DMR the local District Officer is the Prosecuting Officer, representing the Director of Public Prosecutions, for the majority of prosecutions before the District and Circuit Courts. The Inspectorate welcomed developments in the Court Presenter system which frees up significant Garda time from court duty. The Inspectorate has suggested that this scheme should be extended to all courts throughout the Dublin Metropolitan Region and I understand this recommendation is under consideration by the Garda authorities.

Question No. 433 answered with Question No. 430.

Proposed Legislation.

Charles Flanagan

Question:

434 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his progress on providing for lawyers’ clients, in non-criminal matters, with a right of application to the court where they contend that their legal bill is excessive and includes wasted costs. [15497/09]

I assume the Deputy is referring to the Legal Costs Bill that is a commitment in the Government Legislation Programme. The details of my proposals for the Bill continue to be developed in my Department with a view to being completed as soon as possible.

Garda Investigations.

Charles Flanagan

Question:

435 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress made to date on introducing new reforms on protecting the identities of witnesses and victims at identification parades through the installation of one-way glass in Garda stations. [15498/09]

I refer the deputy to my reply to PQ No 400 of 11th November last which set out the position regarding the conduct of ID parades and indicated that the Garda authorities were researching alternative ways of conducting such parades without the need for the identifying witness to be present or visible to the suspect. This process is ongoing and includes an examination of the technical, administrative and legal issues that arise from the use of electronic forms of ID parades.

Departmental Programmes.

Charles Flanagan

Question:

436 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will provide further details on the inter-agency programme, the strengthening families programme; the Department which has overall responsibility and co-ordination for the programme; the funding of the programme on an annual basis since its establishment; the number of persons who have taken the 14 week course annually; the number of occasions the programme is offered annually; and the locations at which the programme is offered currently and in the roll-out. [15499/09]

The Strengthening Families Programme (SFP) is an internationally recognized parenting and family strengthening programme for high risk families first developed in the US in the 1980s. It is an evidence based family skills training programme which was found to significantly reduce problem behaviour, delinquency, and alcohol and drug abuse in children and to improve social competencies and school behaviour. Positive results from empirical research of this Programme over 15 years in the US and other countries indicate that the programme is robust and effective.

The Programme was first implemented in Ireland in Cork in 2006/2007 through the Southern Regional Drugs Task Force. The initiative was made possible through the cooperation of a number of agencies including the Probation Service. Of the first 10 families which started that programme, 9 graduated, indicating the Programme's ability to retain clients. Since then the Programme has been delivered and resourced by a number of different agencies including the Probation Service, Drug Task Forces, the HSE and the National Juvenile Office of An Garda Síochána. As such, no one Department has overall responsibility and coordination for the Programme.

Under my Department, the Irish Youth Justice Service (IYJS) directly funds the delivery the Programme through the Young Person's Probation Service (YPP). YPP personnel facilitate training of staff in the programme including Probation funded project staff, juvenile Liaison Officers and Regional Drug Task Force workers. YPP also supports referral and co-facilitation. YPP, in conjunction with Le Chéile, a YPP project has recently commenced the development of a nationwide Strengthening Families Programme. Le Chéile has been provided with €256,324 by the IYJS in grant funding for 2009 in this regard. Programmes are now being run in Cork and Galway and are also planned for Dublin (Ballymun, Tallaght, Blanchardstown and Finglas), Dundalk, Portlaoise, Limerick and Waterford. At the end of the year it is anticipated that Le Chéile will have delivered the Programme to 120 families. Further information related to the detail of the Programme is available on the IYJS website at www.iyjs.ie and also at http://www.strengtheningfamiliesprogram.org.

Sentencing Policy.

Charles Flanagan

Question:

437 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of persons who have been convicted annually over the past ten years who, as an alternative to a sentence of imprisonment, have received a community service order. [15500/09]

The information sought by the Deputy is set out in the published annual reports of the Courts Service and is reproduced in the table below:

Year

Number of Orders

1/8/1999 to 31/7/2000*

4,508

2001

4,839

2002

3,914

2003

2,883

2004

2,026

2005

2,010

2006

2,492

2007

2,500

*Note: Please note that the Annual Reports from 2001 onwards cover the calendar year.

As the Deputy will be aware the Probation Service of my Department has responsibility for the supervision and management of Community Service Orders in accordance with the Criminal Justice (Community Service) Act, 1983. This work, inter alia, involves providing assessment reports to the Courts and managing the completion of the Orders by offenders. I should also say that a value for money and policy review of the CSO Scheme is nearing completion and the findings will inform how we can make best use of this court disposal option in the future.

Garda Training.

Charles Flanagan

Question:

438 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of training places and courses available to gardaí in Templemore, County Tipperary; the number who have attended courses and the capacity for each year over the past five years and to date in 2009; and the Garda budget allocated to funding ongoing training courses to the gardaí annually over the past five years and for 2009. [15501/09]

I have requested the information sought by the Deputy from the Garda Commissioner. I will write to the Deputy directly when this information is to hand.

Sentencing Policy.

Charles Flanagan

Question:

439 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the reason he did not review section 33 of the Criminal Justice Act 2007 after its first year; and the further reason he does not propose to establish a formal review mechanism immediately for an annual review. [15502/09]

At the outset I would propose to set out the background to and the context for the introduction of Section 33 of the Criminal Justice Act 2007. In terms of the legislation introduced by the Government to tackle serious drug trafficking, Section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999, 2006 and 2007), provides for mandatory minimum sentences of not less than 10 years imprisonment for individuals convicted of a first offence under sections 15A and/or 15B of that Act. The mandatory minimum sentence, or to give it its more accurate description, presumptive minimum sentence, is to be imposed in all cases save for those with very specific and exceptional mitigating factors.

Where an individual is convicted of a second or subsequent offence under sections 15A and/or 15B a court must always impose a sentence of not less than the mandatory minimum sentence of 10 years. The maximum sentence available for section 15A and 15B offences is life imprisonment. Having regard to concern about the degree to which the presumptive minimum sentence was being imposed, notwithstanding the amendments introduced by the Criminal Justice Act 2006, section 33 of the Criminal Justice Act 2007 further amended section 27 of the 1977 Act in order to insert an interpretation clause.

The clause emphasises that a decision to depart from the presumptive minimum sentence must be based on the presence of exceptional and specific circumstances relating to the offence or the offender which would make it unjust in all the circumstances to impose such a sentence. Referring to the damaging effects of drug related crime on society the clause states that a court must, as a general principle, always impose the presumptive minimum sentence on persons convicted of an offence under sections 15A and 15B.

The Agreed Programme for Government includes a commitment to conduct a formal annual review of the effect of these provisions concerning the mandatory sentence regime for drug crime which were introduced by the Criminal Justice Act 2007. As the provisions in question which are contained in Section 33 of the Act have only been in operation since 18 May 2007, the issue of establishing a formal review mechanism needed to be addressed at an appropriate stage whereby conclusions as to the impact of both the provisions contained in the Criminal Justice Acts 2006 and 2007 which deal with this matter can be appropriately reached. I believe that the stage has now been reached when the matter can appropriately be reviewed and I have directed that arrangements be made accordingly.

Drugs in Prisons.

Charles Flanagan

Question:

440 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress made on making prisons drug free. [15503/09]

The Irish Prison Service Drugs Policy & Strategy, entitled Keeping Drugs Out of Prison, which was launched in May 2006, continues to be implemented. The aim of the Strategy is to reduce the demand for drugs within the prison system through education, treatment and rehabilitation services for drug addicted prisoners. Particular initiatives include, inter alia, the provision of detoxification, methadone maintenance, education programmes, addiction counselling and drug therapy programmes.

I am glad to tell the Deputy that the Government has provided significant resources to the IPS in recent years to enable it to tackle a range of addiction issues in the prison system. One example has been the awarding of a contract for the provision of addiction counselling services to Merchants Quay Ireland. This contract has been rolled out, and addiction counselling services are now available in prisons and places of detention where prisoners require such a service. The addiction counselling service delivers approximately 1000 hours per week of prisoner access to addiction counselling.

Furthermore, the implementation of the Policy and Strategy has also seen an intensification of efforts to eliminate the availability of illicit drugs within prisons including:

Tighter control and monitoring of prisoner visits in all closed prisons.

New visiting arrangements in most closed prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit.

Greater use of screened visits.

Greater vigilance in examining mail by prison censors and searching of other items entering the prison.

Increased random searching of cells and their occupants.

Stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence.

Use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities.

A number of BOSS chairs are in use which are used to scan all prisoners for contraband secreted in their body cavities.

Installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs.

Use of phone detectors and phased installation of telephone blocking technology.

In addition, a number of new additional security initiatives have been introduced in all closed prisons. These include:

The introduction of enhanced security screening for all persons (visitors and staff) entering our prisons.

The establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams.

The establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons; they will be available in addition to the normal prison staff and can target specific security problem areas.

Prisoner Rehabilitation.

Charles Flanagan

Question:

441 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the annual rehabilitation goals and targets set within the prison service; and the level of resourcing it received annually since 2005 to date in 2009. [15504/09]

A wide range of services of a general and more specialist nature are provided within the prison system to assist in prisoner rehabilitation. Chief amongst these are healthcare, psychiatric, psychological, educational, vocational, counselling, welfare and spiritual services. As the Deputy will appreciate these services are important in helping to address offending behaviour, drug and alcohol addiction, missed educational and vocational opportunities, anger management, and self management in the interest of encouraging positive personal development and preparation for re-integration back to the community on completion of the prison sentence. For example, we now have over 90 workshops operating across the prisons capable of catering for in excess of 800 prisoners each day.

Education is an important dimension within the prison setting and a range of education opportunities are available at all institutions. These are provided in partnership with a range of educational agencies in the community including the VECs, Public Library Services, Colleges and the Arts Council. Broad programmes of education are made available which generally follow an adult education approach. The Department of Education and Science provide an allocation of whole-time teacher equivalents to the prisons through the VECs (220 in the academic year 2008/09). This enables education to be offered in all prisons including provision for the summer months and also special teaching arrangements where prisoners are segregated.

I am glad to tell the Deputy that the Irish Prison Service is also engaged in rolling out an enhanced model of sentence management for prisoners (Integrated Sentence Management — ISM). ISM will involve a new emphasis on prisoners taking greater personal responsibility for their own development through active engagement with a broad range of services in the prisons. This will lead to a more "prisoner-centred approach" to how the various services available within the prison setting can interact with individual prisoners through provision for initial assessment, goal setting and periodic review to measure progress. The development and roll-out of this model is planned to take place on a phased basis with the new system currently being piloted in two Dublin prisons.

Furthermore, the Probation Service of my Department also has an important role to play during the course of the prisoner's sentence and providing support to help with re-integration back to the community. This work ranges from helping prisoners to maintain links with family and community agencies, to encouraging them to address their offending behaviour through individual and group counselling programmes and preparation for release on completion of the sentence.

The gross expenditure figures for the Irish Prison Service as set out in the Appropriation Accounts for the years 2005-2008, are as follows:

2005: €388.226M

2006: €410.311M

2007: €394.550M

2008: €404.375M (Provisional)

The 2008 figure is provisional, pending audit by the Comptroller and Auditor General. Due to the multifaceted nature of rehabilitation it is not possible to disaggregate the elements of expenditure by the Irish Prison Service that relate solely to rehabilitation. As the 2009 revised estimates have not yet been published I am not in a position to provide the Deputy with the 2009 funding for the Irish Prison Service at this time.

Prison Drug Treatment Services.

Charles Flanagan

Question:

442 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of detox places available in each prison here. [15505/09]

At present, any person entering prison giving a history of opiate use and testing positive for opioids on committal is offered a medically assisted symptomatic detoxification where clinically indicated. Patients can, as part of the assessment process, discuss with healthcare staff other treatment options. The Medical Unit in Mountjoy Prison has 9 spaces specifically allocated for a therapeutic drug free programme. This intensive programme is 6 weeks in duration and includes involvement from both prison based staff and external community agencies. Its aim is to assist prisoners in achieving drug free status. There is no specific limit on the number of such treatments available in each prison; the number of detoxifications carried out will be determined by the clinical needs of the prisoners presenting.

Prisoner Remission.

Charles Flanagan

Question:

443 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress on his proposal to ensure that prisoner remission will only be earned by participation in rehabilitation programmes, on the proposals that remission higher than 10% will only be available where rehabilitation programmes are successfully completed and on the proposal to place similar conditions for persons on remission as exist for those on bail. [15506/09]

I wish to advise the Deputy that the Prison Rules, 2007 allow for the discretionary granting of additional remission, up to one third as opposed to the standard rate of one quarter, where a prisoner has shown further good conduct through his engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community. That said I wish to advise the House that this additional concession will only be awarded in exceptional cases where I am satisfied beyond any doubt that the prisoner concerned has demonstrated that she/he meets the requirements as set out in Rule 59 of the Prison Rules.

In addition, the Programme for Government sets out a range of commitments in relation to penal policy, including targets for fully resourced and staffed rehabilitation programmes to be available for the entirety of the prison population by 2012 and the linking of remission with rehabilitation. My Department continues to examine how best to implement the commitments in the Programme for Government having regard to the range of rehabilitative programmes currently available, financial and other legal considerations.

Community Service Orders.

Charles Flanagan

Question:

444 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to introduce a community pay back scheme requiring offenders to provide real services for the community; and the role he will give victims and communities who are affected by this scheme. [15507/09]

I wish to refer the Deputy to Parliamentary Question 145 of 22 October, 2008 on this subject. As stated previously, the Programme for Government provides for a Community Pay Back Scheme which will build on the Community Service Scheme currently the subject of a value for money and policy review which I am pleased to inform the Deputy is nearing completion. The findings of the report will influence how we will progress the community pay back scheme commitment.

Crime Prevention.

Charles Flanagan

Question:

445 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the position regarding his proposal to create anti-social behaviour action teams. [15508/09]

The Agreed Programme for Government contains a range of commitments to combat anti-social behaviour. One of these is the creation of Anti-Social Behaviour Action Teams (ASBATs) which would operate in areas experiencing serious anti-social behaviour problems. The purpose of ASBATs is to tackle local, previously intractable, problems of anti-social behaviour by coordinated and close cooperation between relevant agencies.

My Department is researching possible functions and structures for an ASBAT model so as to ensure such a coordinated approach to dealing with and preventing anti-social behaviour at the local level, taking into account the financial and personnel resources available to local and national agencies in the current economic environment, and the desirability of using, to the greatest extent possible, existing structures.

Question No. 446 answered with Question No. 390.

Charles Flanagan

Question:

447 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to require all mobile telephones to be registered with a name, address and proof of identity in order to stop drug pushers using untraceable telephones. [15510/09]

I would like to advise the Deputy that consultations are taking place with An Garda Síochána and the Department of Communications, Energy and Natural Resources in relation to this matter.

Questions Nos. 448 to 453, inclusive, answered with Question No. 397.

Garda Recruitment.

Jim O'Keeffe

Question:

454 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the position in regard to Garda recruits; the number currently on the panel awaiting a call to Templemore, County Tipperary; and the number expected to commence training over the next 12 months. [15580/09]

I am informed by the Garda Commissioner that 100 Garda trainees commenced training in February and that a further 100 will commence training in early May, after which the moratorium on recruitment will apply.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

455 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if it is possible to make an application for citizenship via naturalisation on the basis of Irish descent and associations without residency here. [15598/09]

Any person, who wishes to become an Irish citizen and meets the relevant Statutory conditions as set out in the Irish Nationality and Citizenship Act 1956, as amended, may make an application for naturalisation.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that I may, in my absolute discretion, waive some or all of the statutory conditions, including residency, in certain circumstances including where an applicant is of Irish descent or of Irish associations.

Aengus Ó Snodaigh

Question:

456 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if a person whose great grandfather was an Irish citizen but whose father was registered as a foreign birth but is now an Irish citizen can qualify for citizenship on the basis of Irish descent and associations. [15599/09]

The basic requirement for obtaining Irish citizenship by descent, through Foreign Births Registration is that an applicant's parent was an Irish citizen at the time of the applicants birth.

A person born outside of Ireland with a parent who was born in Ireland is automatically an Irish citizen by descent. A person born outside of Ireland with parents who were born outside Ireland and a grandparent who was born in Ireland may become an Irish citizen by Foreign Births Registration.

If a person wishes to apply for Irish citizenship through a great grandparent born in Ireland, the position is more complex. Eligibility depends on one of the applicant parents, i.e. the grandchild of the person born in Ireland, being already entered in the Foreign Births Register, the date of that registration and the applicants date of birth.

Under the 1956 Act, an applicant who was entered in the Foreign Births Register between 17 July 1956 and 30 June 1986 acquired Irish citizenship from the date that the Act came into force (17 July 1956) or the applicants date of birth, whichever was later. Under the 1986 Act, a person is accorded Irish citizenship from the actual date of entry in the Foreign Births Register.

Residency Permits.

Ciarán Cuffe

Question:

457 Deputy Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform if he will explain each of the numbered stamps that are issued to immigrants on their passports and to relate each number to the relevant legislation or regulation. [15623/09]

Non-EEA nationals may be granted permission to be in the State in accordance with section 4 of the Immigration Act 2004. For those given permission to remain a stamp is placed in their passports which includes a brief endorsement of the basis on which they are permitted to remain. The stamps themselves do not contain a number but the applicable conditions correlate with the number shown on the Certificates of Registration which are given to the person concerned when they register with the Garda National Immigration Bureau.

The following details explain the categories of stamps and the broad conditions attached to each. It should be noted, however, that additional conditions may be imposed on a person should circumstances require.

Stamp 1 — Persons with permission to work only with employment permits or persons granted permission by the Minister for Justice Equality and Law Reform to operate a business in the State.

Stamp 1A — Students studying accountancy only.

Stamp 2 — Students with permission to work up to 20 hours per week during college term and 40 hours per week during holidays.

Stamp 2A — Students without permission to work.

Stamp 3 — Persons not permitted to work or operate a business in the State. This category would include dependent family members.

Stamp 4 — Persons with general permission to work or operate a business without the need for an employment permit or other specific authorisation.

Stamp 5 — Persons with permission to reside without condition as to time.

Stamp 6 — Persons with permission to reside without condition.

Sexual Offences.

Denis Naughten

Question:

458 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the reason he is allowing convicted sex offenders up to three days to register with the gardaí on entering the country, following the proposed changes in the law; and if he will make a statement on the matter. [15629/09]

I am at present preparing a Sexual Offences Bill for which I expect to seek Government approval later this year. Following a review of the Sex Offenders Act 2001, which has now been in operation for more than 7 years, I will be proposing extensive changes to that Act, including the operation of the notification procedures or sex offenders register, as it is more usually called.

At present in this jurisdiction a person convicted of a sex offence has 7 days to notify the Garda Síochána of his or her name and address. The same period of 7 days also currently applies to sex offenders on entering the State.

The notification period for sex offenders convicted in our neighbouring jurisdictions has been reduced from 14 to 3 days. Unlike Ireland, they have no automatic notification for sex offenders convicted elsewhere. Part of the strategy for reviewing the notification procedures is to ensure that our laws in that respect approximate as closely as possible with those in the neighbouring jurisdictions. A 3 day notification period in this jurisdiction would ensure a harmonisation of our laws in that respect and should ensure that none of our jurisdictions becomes a safe haven for convicted sex offenders. In the preparation of the 2001 Act, my Department received legal advice that the notification period for sex offenders convicted in Ireland could not be different for convicted sex offenders entering this jurisdiction from abroad.

Citizenship Applications.

Denis Naughten

Question:

459 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if availing of PRSI related benefits will damage an applicant’s suitability for citizenship; and if he will make a statement on the matter. [15633/09]

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. These conditions are that the applicant must—

be of full age

be of good character

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

intend in good faith to continue to reside in the State after naturalisation

have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State

In the absence of details relating to a specific case, the Deputy will appreciate that I am unable to provide a definitive response in relation to the issue raised. However, I can advise that an applicant for naturalisation would be expected to be financially self sufficient and non-reliant on public funds.

Garda Investigations.

Mary Upton

Question:

460 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he will ensure that appropriate action is taken by the gardaí in Blanchardstown following threats to kill made against a person (details supplied) in Dublin 15. [15648/09]

I am informed by the Garda authorities that local Garda management is aware of the incident referred to by the Deputy. A statement of complaint has been taken from the injured party and the matter is under investigation. On completion of the investigation, an investigation file will be prepared and submitted to the Law Officers. Crime prevention and personal security advice has also been provided to the person concerned.

Asylum Support Services.

Bernard J. Durkan

Question:

461 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if permission will be given for a transfer to Mosney Accommodation Centre, Julianstown, County Meath in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15651/09]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The person referred to in the details supplied applied for asylum on 12 October, 2006 and after initial accommodation at Balseskin reception centre, he was dispersed in accordance with Government policy to Great Western House accommodation, Galway City. The RIA will continue to accommodate this person in accordance with its remit at Great Western House, Galway and there is no requirement to alter that arrangement at this time.

Residency Permits.

Bernard J. Durkan

Question:

462 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain here on humanitarian grounds in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [15652/09]

I refer the Deputy to Parliamentary Question No. 315 of Wednesday, 29 October 2008, and the written Reply to that Question.

The person concerned applied for asylum on 18 February 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 16 January 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

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

Refugee Status.

Bernard J. Durkan

Question:

463 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 4; and if he will make a statement on the matter. [15653/09]

The person concerned was granted a declaration of refugee status on 30 November 1998.

Following his conviction and prison sentence for a very serious offence, his refugee status was revoked in December 2006.

The person concerned appealed that decision to the High Court. A settlement was reached on 10 March 2009 under which the revocation of the declaration of refugee status remained in place and he was granted leave to remain in the State subject to certain conditions.

Deportation Orders.

Bernard J. Durkan

Question:

464 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15654/09]

The person concerned, accompanied by her infant child, applied for asylum on 15 June 2005. The child was included on her mother's asylum application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 June 2006, that the Minister proposed to make Deportation Orders in respect of her and child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State.

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

Bernard J. Durkan

Question:

465 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [15655/09]

The person concerned, accompanied by her three children, applied for asylum on 30 July 2002. The three children were included on their mother's asylum application. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 6 May 2003, that the Minister proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State.

Representations 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.

Residency Permits.

Bernard J. Durkan

Question:

466 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position 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. [15656/09]

I refer the Deputy to Parliamentary Question No. 269 of Wednesday, 8 October 2008, and the written Reply to that Question.

The person concerned applied for asylum on 15 June 2005. She gave birth to a child in this State in 2005. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 August 2006, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

By letter dated 6 October 2008, the person concerned was invited to submit 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). The person concerned submitted an application for Subsidiary Protection in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

467 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15657/09]

The person concerned applied for asylum in the State on 8 September 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 6 July 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Bernard J. Durkan

Question:

468 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [15658/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 177 of Thursday 12 March 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Departmental Staff.

Paul Kehoe

Question:

469 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15675/09]

I should first explain that, under Department of Finance rules, sick leave without medical certification may only be granted to civil servants for one or two-day absences in total and subject to not exceeding seven days in any twelve month period. If the number of days absence without medical certificate in any period of twelve months, reckoning backwards from the date of the latest absence, exceeds seven in the aggregate, the staff member will have annual leave or pay reduced accordingly. In no circumstances therefore is an individual permitted to have more than seven absences classified as uncertified sick leave in a twelve month period.

Uncertified (and certified) leave absences are recorded on the Department's Human Resources Management System which facilitates monitoring of such absences against sick leave limits and appropriate follow-up action such as warnings and disciplinary measures. While uncertified sick leave absences do not, by their nature, require medical certification, the reason for the absence is required to be given.

The identification of uncertified sick leave availed of on Mondays or Fridays is not possible in the time available. It should be further noted that an absence involving a Friday and the following Monday cannot be regarded as uncertified sick leave as the absence is counted as four days and must therefore be medically certified.

Individual instances of sick leave (uncertified or certified) are in certain situations referred to the Chief Medical Officer for the Civil Service, who is independent in the implementation of his functions. Repeated short term absences, particularly those of an uncertified nature, would usually be dealt with through internal management procedures in the first instance.

A breakdown of the number of actual uncertified sick leave days taken in the years 2007, 2008 and up to 20 April 2009 is set out in the following table, along with the average number of uncertified sick leave days taken per employee.

Year

Total number of Employees

Uncertified Sick Days

Average Number of Days of uncertified sick leave taken per employee

2007

2,248

1,538

0.68

2008

2,491

1,936

0.78

2009*

2,467

512

0.21

*Figures are up to 20th April 2009.

Deportation Orders.

Terence Flanagan

Question:

470 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the immigration status of a person (details supplied); and if he will make a statement on the matter. [15690/09]

The person concerned arrived in the State on foot of a student visa, valid until 19 April 2007. She has remained in the State since that date without the permission of the Minister.

Arising from her unlawful presence in the State, and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 November 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State.

Representations have been submitted on behalf of the person concerned and 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.

Question No. 471 answered with Question No. 397.

Proposed Legislation.

David Stanton

Question:

472 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform when he expects to publish the Mental Capacity Bill which is essential to progress Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities; the feedback his Department has received on the Bill since the publication of the scheme in September 2008; and if he will make a statement on the matter. [15697/09]

The Government Legislation Programme announced on 22 April 2009 indicates that the Mental Capacity Bill is expected to be published later this year.

On publication of the scheme of the Bill in September 2008, I invited written submissions to be made to my Department. On 5 February 2009 my Department and the National Disability Authority cohosted a conference on mental capacity to better inform interested parties on the detail of the scheme and to invite comment on the proposals it contains. These consultations indicate that there is a broad level of support for reform of the law in this area.

Departmental Bodies.

David Stanton

Question:

473 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of meetings the senior officials group and the National Disability Strategy Stakeholder Monitoring Group have had in 2009 to overview the progress in the implementation of the National Disability Strategy; and if he will make a statement on the matter. [15698/09]

The Senior Officials Group on Disability has to date met on two occasions in 2009 and the National Disability Strategy Stakeholder Monitoring Group has met on one occasion.

Further meetings of the groups are scheduled to take place in 2009.

Question No. 474 answered with Question No. 111.

Asylum Applications.

Mary O'Rourke

Question:

475 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath who has applied for leave to remain here on humanitarian grounds. [15730/09]

I refer the Deputy to Parliamentary Question No. 350 of Tuesday, 25 November 2008, and the written Reply to that Question.

The person concerned applied for asylum on 25 July 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 5 September 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned has not submitted an application for Subsidiary Protection in the State.

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

Question No. 476 answered with Question No. 120.

Citizenship Applications.

Caoimhghín Ó Caoláin

Question:

477 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of times in the past five years that he has exercised his discretion under section 16(a) of the Irish Nationality and Citizenship Act 1956 to waive the statutory naturalisation requirements for persons of Irish descent or associations; and if he will make a statement on the matter. [15798/09]

Officials in my Department prepare a comprehensive submission to me in respect of each application for naturalisation. This submission addresses any claims for the exercise of my discretion in areas such as Irish descent and Irish associations. I decide whether to grant naturalisation based on my evaluation of the merits of the entire case as presented to me. Statistics are therefore not compiled in such a manner as to provide data on the number of times I have exercised my discretion under Section 16(a) of the Irish Nationality and Citizenship Act, 1956, as amended, in the past five years.

Prison Building Programme.

Andrew Doyle

Question:

478 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform if the recommendations of the recent UK House of Commons justice committee inspector for prisons report assessing the performance of prisons regarding smaller prison populations, based in the community, have been considered in the development of Thornton Hall. [15801/09]

I am advised by the Director General of the Irish Prison Service that the conceptual, study and design stages of the Thornton Hall project involved an extensive process of consultation as well as consideration of prison developments in other jurisdictions. This included the various reports of the Inspector of Prisons and Places of Detention in Ireland and those of the Inspector of Prisons for England and Wales and other relevant reports.

It should be noted that Lord Carter in his December 2007 report ‘Securing the Future: Proposals for the Efficient and Sustainable use of Custody in England and Wales' recommended that the way forward is the large prison complex and his recommendation is for a model broadly similar to that envisaged in the design of Thornton Hall.

The Thornton Hall prison development will not operate as a single large prison, but rather a campus development containing eight individual, practically self-contained facilities, each with its own unique and discrete regime which will give access to work training, education, rehabilitative programmes and recreation activities appropriate to that population. The main accommodation units in the Thornton Hall Prison development will encompass a range of accommodation styles and designs. The main accommodation blocks will contain 192 cells over four wings with two landings per wing. This range of accommodation style and design will allow for appropriate separation of prisoners in smaller units.

Human Trafficking.

Aengus Ó Snodaigh

Question:

479 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of people, since the introduction in June 2008 of the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking, who have sought access to the reflection and recovery period; the number of such applications which have been accepted; and the number which have been refused.. [15822/09]

Pursuant to paragraph 5 of the Administrative Immigration Arrangements for the protection of Victims of Human Trafficking, which were introduced by the Department of Justice, Equality and Law Reform to coincide with the enactment of the Criminal Law (Human Trafficking) Act, 2008 which came into effect on 7th June, 2008, An Garda Síochána has recommended three (3) persons to the Minister for Justice, Equality and Law Reform for consideration of the granting of a permission to remain lawfully in the State for a period of 60 days (a ‘recovery and reflection period'). These referrals were made in respect of persons who had been identified as a suspected victims of human trafficking, that is, there were reasonable grounds by a member of An Garda Síochána, not below the rank of a Superintendent, for believing that the person was a victim of an offence under sections 2 or 4 of the Criminal Law (Human Trafficking) Act, 2008.

36 persons have been referred to the Gardaí by other agencies and NGO's in 2008 and 11 persons have been referred to the Gardaí by other agencies and NGO's to date in 2009. Some of the persons may have been referred by more than one agency.

To date the Minister has caused a notice to be issued in the three (3) cases referred to the Department for consideration, in accordance with paragraph 6 of the Administrative Immigration Arrangements for the protection of Victims of Human Trafficking, confirming that the person had been granted permission to be in the State for 60 days. In every instance all information that is available at the time to An Garda Síochána is considered by the Detective Superintendent, Garda National Immigration Bureau, in conjunction with other senior officers and members of An Garda Síochána directly involved in the individual investigation. Where there is insufficient information for the Detective Superintendent to have reasonable grounds for believing that a person is a victim of suspected trafficking, then the case remains open and every effort is made to gather additional information from the potential victim or other sources, including the agencies from whom the referral was received.

Aengus Ó Snodaigh

Question:

480 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the criteria used by a garda superintendent in making a determination as to whether a person is a victim of human trafficking; if other agencies or service providers are involved in the determination process; and if he will make a statement on the matter. [15823/09]

The Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking state that a person identified by a member of the Garda Síochána, not below the rank of Superintendent, in the Garda National Immigration Bureau, as a suspected victim of human trafficking shall be granted a permission to remain lawfully in the State for period of 60 days ( a ‘recovery and reflection period').

I am informed by the Garda Síochána that persons who are potentially victims of human trafficking come to their attention in a number of ways. These include:

(i) in circumstances where they are identified by members of the Garda Síochána in the course of investigations;

(ii) on referral to the Garda Síochána by the Health Service Executive, or other agencies and NGOs, or

(iii) persons may, as part of their claim for asylum, indicate to the Office of the Refugee Applications Commissioner that they have been the victim of human trafficking.

In determining if a person is a suspected victim of human trafficking the Garda Síochána takes account of all information that is available to them at the time the case is being considered. This information will vary, considerably, from case to case. The Garda Síochána encourages all relevant agencies to provide all information, whether this supports a claim or otherwise, within their possession to allow the Garda Síochána make an informed and timely decision on each case.

The State and the Garda Síochána is committed to ensuring that no person who is potentially a victim of human trafficking will be removed from the State while the investigation into the circumstances of the person's arrival into the State, including the identification of the person as a victim, is ongoing.

The Council of Europe Convention on Action against Trafficking in Human Beings sets out measures to protect and promote the rights of victims, including the identification of victims. The Garda Síochána takes these measures into account in every instance. They do not require absolute certainty for not removing a person from the State. If there are reasonable grounds for suspecting a person to be a victim of human trafficking then the person is recommended for permission to remain lawfully in the State for 60 days.

The Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human Beings acknowledges that the identification process takes time and often necessitates detailed enquiries, involving the exchange of information with other countries, parties or organisations which may prolong the identification process.

The International Organisation on Migration — an international inter-governmental organisation — acknowledges that the screening process to determine if a person is a victim of trafficking consists of two stages. The first is an assessment of the varying indicators that can be evaluated before an interview can take place, followed by a detailed interview with the individual. At the same time, the matter is subject of an investigation by the Garda Síochána.

The types of indicators utilised by the Garda Síochána in making a determination include the following: was the person deceived about the nature of the work they would be doing, or where they would be working; were the person's documents confiscated; is there debt bondage; is there a threat of violence. Some other types of indicators utilised include: the type of deception used; the person's illegal status; has the person been forced to lie to friends, or the authorities; and is the person dependent on the individuals who have exploited him / her.

To enable the Garda Síochána to establish if any of the indicators outlined, or others, are present it is necessary for the person be interviewed by a member of the Garda Síochána. The purpose of the interview is to elicit as much information as is possible from the person and assess the veracity, or otherwise, of the account being provided. The outcome of this interview will assist the Garda Superintendent in being satisfied that there are reasonable grounds for believing that the person is a suspected victim of human trafficking. Ultimately, in order to make a decision and to progress any investigation into such allegations of a criminal offence, possibly contrary to the Criminal Law (Human Trafficking) Act, 2008, the Garda Síochána will seek to document the allegations in a statement.

While ‘reasonable grounds' are not the same as evidence, in the context of contemplation of any criminal offence, to arrive at a state of mind that a person is a suspected victim of human trafficking the Garda Superintendent must be in possession of sufficient information to afford reasonable grounds for that belief. The test of reasonable is whether or not a reasonable person, acting without passion or prejudice, believes what he / she is being told.

In every instance all information that is available at that time to the Garda Síochána is considered by the Detective Superintendent, Garda National Immigration Bureau, in conjunction with other senior officers and members of the Garda Síochána directly involved in the individual investigation. Where there is insufficient information for the Detective Superintendent to have reasonable grounds for believing that a person is a victim of suspected trafficking the case remains open and every effort is made to gather additional information from the potential victim or other sources.

Asylum Applications.

Terence Flanagan

Question:

481 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the immigration status of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [15824/09]

I wish to inform the Deputy that the person to whom he refers entered the State on 15 October 2006 and applied for asylum on 18 October 2006. This application was refused by the Office of the Refugee Applications Commissioner on 8 November 2006, and that decision was affirmed by the Refugee Appeals Tribunal.

An application for Subsidiary Protection was received in my Department from the person concerned on 10 May 2007. This application was refused and the person in question was informed of this decision by letter dated 16 January 2008. The person concerned was subsequently invited, under section 3 of the Immigration Act, 1999, to make representations setting out the reasons as to why a Deportation Order should not be made in respect of him. Representations in this regard have been received from his legal representatives and are being considered by the relevant officials in my Department. The person concerned will be contacted directly and notified of any decisions made regarding his status in the State in due course.

Garda Deployment.

Denis Naughten

Question:

482 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 137 of 5 February 2009, the Garda districts and sub-districts which are without a car as a result of the boundary revisions; the steps which are being taken to address this issue; and if he will make a statement on the matter. [15837/09]

I refer to Parliamentary Question No. 137 of Thursday, 5th February, 2009. As you will recall the details you requested were not available from An Garda Síochána in the time available.

I am informed by the Garda authorities that vehicles from the Garda fleet, which extends to over 2,760 vehicles as a result of a major expansion in recent years, are distributed taking into account factors such as population, crime figures, staff numbers and area.

I am further informed that the revision of boundaries has not resulted in any reduction in the number of Garda vehicles nor have these changes resulted in any sub-district being left without a car. Two sub-districts where car sharing arrangements were in place have entered into new sharing arrangements in their new Divisions. An additional 23 vehicles have been allocated to the 13 new Divisions which were established on the 1st of January 2009 and a further 7 vehicles have been allocated in advance of the establishment of further Divisions later this year.

International Agreements.

Denis Naughten

Question:

483 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if the Nigerian Government has ratified the agreement with the Irish Government on immigration matters; the discussions the Minister of State, Deputy Conor Lenihan, had on its implementation during his recent visit; and if he will make a statement on the matter. [15845/09]

A bilateral agreement on immigration matters, including readmission, was concluded in 2001 between the Government of Ireland and the Government of the Federal Republic of Nigeria. While the agreement has not yet been formally ratified by the Nigerian side, both sides are operating in the spirit of the agreement, particularly in the area of repatriation. On a recent visit to Nigeria by the Minister of State, at the Department of Justice, Equality and Law Reform, Mr. Conor Lenihan, the operation of the Readmission Agreement was reviewed and agreed to be working well.

High level talks with the Nigerian authorities will lead to even greater co-operation between the two countries in facilitating the return of illegal migrants.

Departmental Bodies.

Leo Varadkar

Question:

484 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if the process announced in budget 2009 to fully integrate the facilities, back office and administrative services of the Equality Authority and Human Rights Commission has been completed; if not, the date it will be completed; and if he will make a statement on the matter. [15877/09]

I refer the Deputy to my reply to Question No. 322 of 25 November, 2008.

On the specific issue of the two agencies in question, the principal focus is on the introduction of measures which will reduce their operating costs to the greatest extent possible. Work is continuing in order to achieve that objective.

Proposed Legislation.

Terence Flanagan

Question:

485 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform when the Property Services Regulation Bill will be published; and if he will make a statement on the matter. [15883/09]

It is expected that the Bill will be published in the very near future in this Session.

Terence Flanagan

Question:

486 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will provide details of the work undertaken to date by the property services regulatory authority; and if he will make a statement on the matter. [15884/09]

As the Deputy will be aware the Government is committed to the introduction of the Property Services (Regulation) Bill in the current Dáil term. This Bill, which will establish the Property Services Regulatory Authority on a statutory basis, sets out the main functions of the new Authority which include: establishing and administering a comprehensive licensing system covering all providers of property services, (i.e. Auctioneers, Estate Agents, Letting Agents and Property Management Agents — collectively known as Property Services Providers). This extended system will replace the current licensing system for Auctioneers and House Agents under the Auctioneers and House Agents Acts 1947 to 1973; setting and enforcing standards for the grant of licences (e.g. educational/training standards; levels of professional indemnity insurance) as well as standards to be observed in the provision of property services by licensees; establishing and administering a system of investigation and adjudication of complaints relating to the provision of property services, including the imposition of sanctions as appropriate; conducting audits and inspections of Property Services Providers as part of a general compliance and enforcement function; developing and enforcing Codes of Practice; promoting increased consumer protection and public awareness (where appropriate in liaison and cooperation with other statutory bodies and relevant professional and consumer bodies) of property services in general and the cost to consumers, risks and benefits associated with the provision of those services; producing guidance material for the industry and the public; establishing, maintaining and administering a Compensation Fund to compensate parties who lose money as a direct consequence of the dishonesty of a licensee; enforcing licensees obligations under the legislation through general investigations, inspections and court prosecutions; liaison and cooperation with overseas Authorities.

Pending enactment of the legislation, an Implementation Group has been established to assist and advise on practical matters relating to the establishment of the new Authority and a Chief Executive designate has been appointed and is working closely with the Implementation Group in making arrangements for the establishment of the Authority and its structures including the basic organisational structures, systems, procedures, protocols, rules and regulations, which are fundamental to the long term functioning of the Authority.

The new Authority will be unique internationally in the scope of its remit, responsibilities and powers. It is important therefore that its structures, systems, procedures and rules and regulations be based on solid foundations. To this end the Implementation Group has: successfully completed the necessary arrangements for the acquisition and fitting out of accommodation for the Authority in Navan, Co. Meath; drawn up a Code of Practice for Auctioneers and Estate Agents, which identifies the key principles and values that should guide the day to day practice of service providers. The Code incorporates a complaints system which will enable complaints concerning non-compliance with the Code to be investigated; established and published a National Public Register of all licensed Auctioneers and House Agents. This register will be added to on an ongoing basis and will, once the new legislation is in place, include Management Agents; developed and put in place financial and accounting systems for the Authority; designed and developed a website as part of the education and awareness function; designed and developed computerised licensing and complaints databases suitable for the Authority's long term requirements; developed and implemented an office, file management and data management system for the Authority; developed the systems, procedures rules and regulations necessary for the establishment of a Compensation Fund, including prescribing the manner of reporting of losses sustained by clients and the procedures for applications for grants from the Fund; developed the rules and regulations which will govern the level of professional indemnity insurance which a Property Services Provider must have in place including the Minimum Terms and Conditions of such insurance; established a system of investigation and adjudication of complaints relating to the provision of property services; prepared public information material on the provision of property services, including the purchase and sale of property; drafted a Code of Practice for Management Agents which is currently under discussion with relevant interested parties; drafted rules and regulations governing the complaints procedures.

In addition to the foregoing the implementation team is currently working on: drafting a Code of Practice for Letting Agents; reviewing all aspects of the work undertaken by Property Services Providers in Ireland and equivalent services in appropriate comparable jurisdictions for the purpose of prescribing the minimum education/qualification requirements necessary for the grant of licences; establishing protocols for the vetting by the Garda Síochána of all applicants for licences; drafting rules and regulations for the carrying out of investigations, inspections and audits of Property Services Providers' practices; drafting rules and regulations governing the operation of Property Services providers' accounting procedures including the manner of keeping all accounting records; drafting rules and regulations governing the operation of client accounts; prescribing the rights, duties and responsibilities of Property Services Providers in relation to monies received, held, controlled or paid in connection with the provision of property services; prescribing the rules governing the auditing of Property Services Providers' accounts.

Many of the rules and regulations which have been or are being drafted will be introduced once the Bill has been enacted. The work undertaken to date by the Implementation Group will ensure that the complex systems, procedures, rules, regulations and protocols, necessary for the effective operation of the Authority, can be put in place quickly following the passing of the legislation.

Departmental Bodies.

Leo Varadkar

Question:

487 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the status of the proposal contained within annex D of budget 2009 that the Censorship of Publications Board and its appeals board will be amalgamated with the Office for Film Classification; the date by which this is expected to have been completed; and if he will make a statement on the matter. [15886/09]

I can inform the Deputy that the amalgamation will take place following the relocation of the Irish Film Classification Office to their new premises which is expected to take place before the end of June 2009.

Proposed Legislation.

Joe Costello

Question:

488 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when he expects to publish his proposed civil partnership Bill; and if he will make a statement on the matter. [15914/09]

The Government Legislation Programme, announced on 22 April 2009, indicates that publication of the Civil Partnership Bill is expected in the current session.

Citizenship Applications.

Bernard Allen

Question:

489 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for naturalisation by a person (details supplied) in County Cork. [15933/09]

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 2005 and I decided to defer making any final decision in this case until May 2009. The person concerned was notified of this position and the reasons for it in a letter issued on 20 May, 2008. I expect the file will be re-submitted to me for a decision in due course.

Gangland Killings.

Kieran O'Donnell

Question:

490 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the measures he proposes to introduce by way of legislation and other means to combat gangland crime in Limerick including covert surveillance, making membership of a criminal gang a criminal offence and establishing a full-time CAB operation in Limerick; when he proposes to bring these measures into operation; and if he will make a statement on the matter. [15946/09]

I am working on a range of measures to combat gangland crime in Limerick and throughout the State. Last week I published the Criminal Justice (Surveillance) Bill. The Bill will strengthen the ability of An Garda Síochána to bring gang members before the courts and offer evidence by providing for the first time a legal framework to allow covert surveillance material to be used in criminal trials.

In addition, I am working on a range of other measures, including greater scope for use of the Special Criminal Court; creating new offences of membership of, and directing, a criminal organisation; making these offences scheduled offences as regards the Special Criminal Court; simplifying the procedures relating to extension of time for questioning of suspects; and increasing the penalties for intimidation of a witness or juror. I expect to submit proposals for the Government's approval in the next few weeks.

Considerable Garda resources within Limerick Garda Division are targeted at disrupting the criminal activities of the crime groupings. The Regional Support Unit carries out armed patrols, and other units, such as the Emergency Response Unit and the units of National Support Services, are available.

The Criminal Asset Bureau (CAB) is involved in targeted operations in the Limerick area. Senior Garda management inform me that they are satisfied that CAB has an appropriate presence in Limerick. CAB has already been involved in targeted operations in the Limerick area, such as Operation Platinum, which took place in May 2008 when a significant number of properties in Limerick were searched and significant seizures made. There are currently asset profilers working full-time in Limerick, and CAB officials are in Limerick on an ongoing basis as required.

Prisoner Statistics.

Charles Flanagan

Question:

491 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the position regarding prison capacity compared with prisoner numbers in each of the prisons here; the action he proposes to take in the short, medium and long-term to address the issue of prison overcrowding; and if he will make a statement on the matter. [14602/09]

On 14 April, 2009, there were 3,849 prisoners in custody as compared to a bed capacity of 3,636. This represents an occupancy level of 106%. The following table provides a breakdown of the population of each prison/place of detention on 14 April, 2009:

Prison/Place of Detention

Bed Capacity

No. in Custody

Arbour Hill Prison

148

157

Castlerea Prison

228

269

Cloverhill Prison

431

468

Cork Prison

272

300

Dóchas Centre

85

105

Limerick Prison (male)

275

303

Limerick Prison (female)

20

19

Loughan House

150

111

Midlands Prison

469

520

Mountjoy Prison (male)

540

635

Portlaoise Prison

210

108

Shelton Abbey

95

98

St. Patrick’s Institution

216

222

Training Unit

107

113

Wheatfield Prison

390

421

Totals

3,636

3,849

The prison system is, of course, subject to peaks and troughs. Numbers are particularly high when the courts are at their busiest, giving rise to a high number of committals. There has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months, where we have seen dramatic increases in the number of sentenced prisoners, those being committed on remand and a trend towards longer sentences. What is clear is that there is a trend of increased committals from the courts.

It has to be acknowledged that the Irish Prison Service must accept all prisoners committed by the Courts. For example, figures show, over the past 12 years, the numbers in custody have increased by 65%.

I acknowledge that our prisons are operating in excess of our bed capacity at this time. It is also evident that the continuation of the current capital programme is necessary if overcrowding is not to become a problem going forward.

The need for the continuation of the current building programme is set against a background whereby since 1997 in excess of 1,300 prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick Prison.

However, given the serious pressure that the Prison Service has been experiencing during the last 12-18 months, in 2008 it became necessary to introduce additional contingency accommodation through the doubling up of cells in Mountjoy, Wheatfield, Cloverhill, Midlands and Arbour Hill Prisons and in the Training Unit. This provided 180 temporary bed spaces. Also in 2008, 70 new prison spaces were introduced at Shelton Abbey and Loughan House Open Centres.

As the pressure shows no sign of abating the Irish Prison Service recently decided to increase their capacities through the doubling up of further cells in Mountjoy, Wheatfield, Cloverhill, Midlands and Arbour Hill Prisons and in the Training Unit, thus creating 200 additional temporary bed spaces, some of which are already in place and others coming on stream shortly.

Furthermore, building projects in Castlerea, Wheatfield and Portlaoise Prisons are due to be completed in the coming months. This will create an additional 400 extra spaces which will temporarily alleviate the situation pending the construction of new prisons at Thornton Hall, Co. Dublin and Kilworth, Co. Cork. It is my strong view that the continuation of the current capital programme is essential if we are to limit, as far as practicable, overcrowding so that we can accommodate our prisoner population is regime orientated modern prisons.

Human Rights Issues.

Joe Costello

Question:

492 Deputy Joe Costello asked the Minister for Foreign Affairs the steps he proposes to take to have the 200 Roma families evacuated from the toxic lead encampments of North Mitrovica, Kosovo, in which more than 80 people have already died and children, in particular, are experiencing internal organ and brain damage; if he will raised the issue with the government of Kosovo, the EU and the UN to mark international Roma day on 8 April 2009; and if he will make a statement on the matter. [15139/09]

I am aware of the current serious humanitarian situation with regard to Roma families residing in camps in Kosovo which are exposed to dangerously high levels of lead. International Roma Day offers an opportunity to highlight this issue and others relating to the well-being of Roma worldwide.

Ireland continues to support all efforts to re-locate Roma families to safe facilities and we have raised this issue with relevant stakeholders on a number of occasions. During his visit to Kosovo on 22 December last, the Taoiseach, who was accompanied by the Minister for Defence, met with President Sejdiu and Prime Minister Thaçi. The issue of the displaced Roma was among the topics discussed. The Taoiseach particularly emphasised the plight of a group located at a camp in Gracanica.

The Government welcomes the fact that the Kosovar Government has indicated that it will make every effort to find a new location for the residents of the camps and establish arrangements for co-financing this project with other stakeholders.

In addition, at my request, officials have raised this issue on a number of occasions in recent months, including at EU-level meetings and at meetings of the International Steering group on Kosovo. At an EU Working Group meeting on the Western Balkans on 1 April 2009, the European Special Representative in Kosovo, Mr. Pieter Feith gave an update on Roma families residing in camps exposed to lead contamination and expressed his full support for the closure of the camps and the re-location of Roma families. I fully support the endeavours of the European Commission Liaison Office in Pristina which is coordinating the efforts of national and international stakeholders to secure a long term sustainable solution to this issue.

Ireland has supported a broad range of projects targeted at assisting the Roma community in Kosovo. For the period 2005 to date, Irish Aid allocated €550,000 towards development work with the Roma community in Kosovo. In addition, €200,000 was provided for the World Bank's Roma Education Fund, which has benefited the Roma community in eleven countries in Central and Eastern Europe, including Kosovo.

The Government will continue to support all efforts to address the plight of the residents of the camps and will remain in contact with the responsible authorities on this issue, including through our Embassy in Budapest, which is accredited to Kosovo.

Visa Applications.

Olwyn Enright

Question:

493 Deputy Olwyn Enright asked the Minister for Foreign Affairs if a reply has been issued to correspondence sent to him regarding a person (details supplied); and if he will make a statement on the matter. [15146/09]

I am informed that a visit visa application in the name of the above individual was recently refused by the Visa Office in Abuja. Officials in my Department have reviewed the record of correspondence received by the Department and have been unable to identify any other correspondence in relation to this individual. If the Deputy is aware of any such correspondence I would be grateful if it could be retransmitted. My Department would be happy to address any issues raised or further queries.

Overseas Development Aid.

Michael D. Higgins

Question:

494 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the cuts in the Irish Aid and Overseas Development Aid budgets following the budget of 7 April 2009; the locations at which these cuts were made; and the areas in the aid budget. [15150/09]

The total Official Development Assistance (ODA) budget for 2009 will be €696 million. €571 million will be administered by the Department of Foreign Affairs, with the balance of €125 million being contributions to development co-operation by other Government Departments and through Ireland's allocation to the EU Development Co-operation Budget.

The total budget of €696 million represents a reduction of €195 million from the original allocation of €891 million provided by the Government last October, under the Budget for 2009. The Irish Aid budget, administered by the Department of Foreign Affairs under Vote 29, will absorb €183 million of this adjustment.

Adjustments totalling €183 million will be implemented across the programme in such a way as to minimise the impact in any one area. The continuity and quality of our programmes will be maintained, but funding timeframes will be extended and disbursement rates modified.

I will ensure that Ireland's clear focus on poverty and hunger in the poorest countries, especially in Africa, is retained. We will maintain the strategic approach set out in the White Paper on Irish Aid. We will work even harder to ensure the effectiveness of Ireland's aid so that it continues to make a real difference to the lives of millions of poor people.

We will maintain our position as one of the most generous donors internationally to the non-governmental sector. This year, notwithstanding the budget adjustments, Irish Aid will provide well over €100 million to NGOs and civil society. This is a very large sum and will make an enormous difference to the lives of millions in the developing world. Currently Ireland is ranked sixth within the OECD countries and fifth in the EU in terms of both our per capita and percentage share of GNP spend on ODA.

Our focus on our seven priority countries in sub-Saharan Africa will also continue, although the time-frames for specific programmes will be lengthened. Our programmes of strategic cooperation with key UN development agencies such as, inter alia, UNICEF and UNHCR will also be maintained, but within lengthened timelines. We also remain ready to assist in any sudden onset of natural disasters should they arise.

The decisions that we are taking in order to adjust the aid programme are framed in the context of our firm commitment to the world's poorest and our determination that, once the Irish economy has returned to a pattern of sustainable growth, we will resume the expansion of our aid programme.

Human Rights Issues.

Joe Costello

Question:

495 Deputy Joe Costello asked the Minister for Foreign Affairs the number of cases which are currently before the European Court of Human Rights; the number before the court in the past five years; the number of cases which have been processed in each of the past five years; and if he will make a statement on the matter. [15166/09]

As a founding member of the Council of Europe, Ireland has always been a strong supporter of the European Court of Human Rights and its efforts to promote and protect human rights standards across member countries. Ireland has participated in recent discussions on the reform of the Court, which include proposals to increase the case-processing capacity of the Court aimed at alleviating the current backlog of cases, and we welcome the continuing efforts made by the Court to reduce the number of outstanding cases.

According to statistical information provided by the European Court of Human Rights, as of 1 April 2009, there are 104,100 cases pending before the European Court of Human Rights.

Figures detailing the number of applications which have been allocated to the Court to process over the past five years are outlined in the table. This represents a total of 198,800 cases.

Year

Number

2008

49,850

2007

41,700

2006

39,350

2005

35,400

2004

32,500

Figures detailing the major procedural steps in processing applications including applications communicated to respondent Governments by the Court over the past five years are outlined in the table.

Year

Applications inadmissible or struck out

Applications communicated to Governments

Judgments Delivered

2008

30,163

4,416

1,880

2007

27,065

3,456

1,735

2006

28,162

3,232

1,719

2005

27,600

2,850

1,200

2004

20,350

2,450

800

Further information on statistical data and cases can be obtained at www.echr.coe.int

Michael D. Higgins

Question:

496 Deputy Michael D. Higgins asked the Minister for Foreign Affairs his view on the position regarding treatment of the Roma in Europe and in Serbia, in particular; and if he will make a statement on the matter. [15227/09]

Events planned around the world to mark International Roma Day on 8 April 2009 provided an opportunity to highlight a number of important humanitarian issues facing this minority group, particularly in mainland Europe.

Ireland fully supports the EU, the Council of Europe and the OSCE in their ongoing efforts to bring all prejudice and mistreatment of the Roma people to a definitive end. In recognition of the need to support this vulnerable group, Ireland has contributed to a number of Roma projects, particularly in the Western Balkans region. One of the projects funded was €200,000 towards the World Bank's Roma Education Fund, which has benefited the Roma community in eleven countries in Central and Eastern Europe.

I was concerned to learn of reports that some Roma families were unable to find secure shelter following their evacuation by local authorities from a temporary settlement in Belgrade. I have asked officials at our Embassy in Athens, which is accredited to Serbia, to make enquiries about this matter.

The Deputy may also be aware of current efforts by the EU and others to relocate Roma families residing in camps exposed to lead contamination in Northern Kosovo. Ireland is supporting all efforts to address this urgent humanitarian issue, including that of the European Commission Liaison Office in Pristina, which is coordinating the actions of national and international stakeholders to secure a long-term sustainable solution to this issue.

Foreign Conflicts.

Michael Noonan

Question:

497 Deputy Michael Noonan asked the Minister for Foreign Affairs if he will contact his EU colleagues and seek their support for the Mexican position being advocated at the UN Security Council on the conflict in Sri Lanka; and if he will make a statement on the matter. [15292/09]

Given the gravity of the humanitarian and political situation in Sri Lanka, I very much welcome and support all international initiatives underway to relieve the humanitarian situation in the short term and thereafter to help bring about a swift resolution to the conflict there.

The Government have been strongly supportive of efforts by Mexico and others to have the humanitarian situation, and broader political context, raised at the UN Security Council. In my discussions with my Mexican counterpart, the Secretary of State for Foreign Affairs, Ms Patricia Espinosa, in Mexico City on 16 March, I made clear our support for their efforts at the Security Council, where Mexico is currently serving as a non-permanent member. In New York, our Permanent Representative to the UN has repeatedly raised our very deep concerns about Sri Lanka, and our hopes for effective UN and international action at various meetings involving Members of the Security Council, EU Member States, other members of the UN, as well as with senior UN officials.

I very much regret that not all Members of the Security Council believe that the situation in Sri Lanka should be discussed at the Council. Some members of the Council argue that the conflict in Sri Lanka does not represent a threat to international peace and security. The Council has therefore been unable to formally discuss the issue, much less take any mandatory action in this regard.

I am, of course, highly appreciative of activities across the UN system which are helping to redress the tragic humanitarian situation in the country. In this respect, I very much commend the commitment of the UN Secretary General, Ban Ki-moon, and that of his Under Secretary General for Humanitarian Affairs, John Holmes, in relation to the conflict. I welcome in particular the visit by the Under Secretary General to Sri Lanka in mid-February, as well as the recent efforts of both men to bring about the declaration of the 48-hour ceasefire by the Sri Lankan Government on 12 April. I note also that the Secretary General's Chef de Cabinet, Vijay Nambiar, visited Colombo last week.

Together with our partners in the EU, Ireland has welcomed the temporary ceasefire but has called for it to be extended in order to facilitate humanitarian operations in the affected parts of the country and to ensure the physical safety of all civilians. In this respect, we welcome the commitment given by the Secretary General that the UN will do everything it can to help improve the grave predicament of civilians in the conflict zone.

Human Rights Issues.

Alan Shatter

Question:

498 Deputy Alan Shatter asked the Minister for Foreign Affairs the membership of the UN Human Rights Council; if the State is proposing reform of the workings of the council; and if he will make a statement on the matter. [15297/09]

Alan Shatter

Question:

499 Deputy Alan Shatter asked the Minister for Foreign Affairs the investigations into human rights abuses initiated by the United Nations Human Rights Council since its formation in March 2006; the number of such investigations completed to date; the number of such investigations terminated without the publication of a detailed report on the results of the investigations; the nature of this State’s involvement in these matters; and if he has reservations regarding the capacity of the UN Human Rights Council to arrange for the investigation of alleged breaches of human rights in member states of the United Nations. [15298/09]

Alan Shatter

Question:

500 Deputy Alan Shatter asked the Minister for Foreign Affairs the funds provided by this State for the workings of the UN Human Rights Council; the resolutions adopted by this council since it was created in March 2006; the voting record of this State in respect of all such resolutions; and his views on whether this council is taking appropriate action on a global basis to protect human rights. [15299/09]

I propose to take Questions Nos. 498 to 500, inclusive, together.

The UN Human Rights Council (HRC) was established pursuant to UN Resolution 60/251, adopted on 15 March 2006, to replace the much criticised Commission on Human Rights (CHR). Ireland fully supported the setting up of the Human Rights Council and, along with our EU partners, played an active part in the negotiations leading to its establishment. Together with the new Universal Periodic Review process, to which I will refer later, and other HRC activities we now effectively have a full-time standing body on human rights.

The UN Human Rights Council is a subsidiary organ of the UN General Assembly. As such, funding for the HRC comes from the UN regular budget approved by the UN General Assembly in accordance with the agreed UN scale of assessments. Ireland's percentage contribution to the entire regular budget of the UN for 2008-09 is 0.445%.

The Human Rights Council has been criticised — rightly — for its focus on Israel and the Occupied Territories, which while legitimate is excessive relative to abuses elsewhere in the world, and for its failure to renew mandates in regard to countries such as Cuba and Belarus. However, it remains the pre-eminent international forum for dealing with human rights.

The Council has a number of key advantages over the old Commission on Human Rights. Its sitting periods have been greatly extended and it now holds at least three regular sessions annually and can also call special sessions to discuss emergency situations. The new Universal Periodic Review (UPR) mechanism, which subjects each member State to a thorough review of its human rights record every four years, is a key innovation of the Council and its universal nature counters charges of selectivity. The mechanism is still relatively new and its full value will emerge in time as more countries are reviewed and there is additional reporting and follow-up on the implementation of recommendations. However early indications are largely positive and it is clear that the UPR has the potential to be an effective mechanism.

The fact that the membership of the Human Rights Council is more reflective of the overall membership of the UN and weighted less towards western countries than that of its predecessor has impacted on the ability of the Council to take decisions in support of human rights. Greater effort now has to be put into winning the support of developing countries which, while sometimes frustrating in the short term, is no bad thing over a longer perspective.

While progress so far at the Council has been slower than the Government would have liked, we nonetheless continue to see the potential of the HRC to strengthen the cause of human rights around the world. In this regard, I welcome the recent decision of the United States to engage with the Council and to seek a seat on the Council this year. Ireland, along with our EU partners, looks forward to working with the United States, if elected, and other partners to address the weaknesses of the Council with the aim of achieving our shared objectives in the field of human rights. With regard to proposals to reform the workings of the Council, Ireland will continue to work with our EU partners and like-minded others to strengthen the Council and its mechanisms. As mandated by the resolution which led to its establishment, a review of the work and functioning of the HRC will take place in 2011, five years after the establishment of the Council. In conjunction with our EU partners, Ireland intends to engage fully with this review.

Since its inception, the Human Rights Council has held ten regular sessions and ten special sessions, with more than 150 resolutions adopted at these meetings. Information on all of these texts can be viewed on the Council's website: http://www2.ohchr.org/english/bodies/hrcouncil/. The majority of these resolutions have been adopted by consensus and a smaller number have been voted on by the 47 elected members of the Council. The current members of the Council are: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cameroon, Canada, Chile, China, Cuba, Djibouti, Egypt, France, Gabon, Germany, Ghana, India, Indonesia, Italy, Japan, Jordan, Madagascar, Malaysia, Mauritius, Mexico, Netherlands, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay and Zambia.

Ireland has not yet been a member of the Human Rights Council (and as such does not having voting rights on resolutions) but attends all sessions as an observer State. Our commitment to the Council is evidenced by our decision to stand for election for the first time in 2012, for the first time, for the term 2012-2015. This term will coincide with Ireland's planned EU Presidency in 2013 and it will be important to have a seat on the Council for this period.

Of the ten special sessions of the Human Rights Council convened to discuss urgent human rights situations, five of these sessions requested in their outcomes that fact-finding missions be undertaken to further investigate the situations considered. A tabular statement of such missions, providing the information sought, is attached for the Deputy's information. Ireland has not been involved in such investigations. I would have concerns about the capacity of the HRC to arrange for the investigation of alleged breaches of human rights, particularly where member States directly involved do not agree to or cooperate satisfactorily with such missions.

Among the other mechanisms available to the HRC to address human rights concerns are its ‘ special procedures'. This is the term given to the mechanisms established by the Commission on Human Rights and assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Currently, there are 30 thematic and 8 country mandates. The Office of the High Commissioner for Human Rights provides these mechanisms with personnel, logistical and research assistance to support them in the discharge of their mandates.

Fact-finding Missions Requested by the Human Rights Council

Title of request for fact-finding mission

Date request made by HRC

Date final report presented to HRC

HRC Resolution S-1/1 “Human rights situation in the Occupied Palestinian Territory”

July 2006

Mission could not be undertaken

HRC Resolution S-2/1 “The grave situation of human rights in Lebanon caused by Israeli military operations”

August 2006

November 2006

HRC Resolution S-3/1 “Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory, including the recent one in northern Gaza and the assault on Beit Hanoun”

November 2006

September 2008

HRC Decision S-4/101 “Situation of human rights in Darfur”

December 2006

March 2007

HRC Resolution S-9/1 “The grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip”

January 2009

Preparations for a mission led by Richard J. Goldstone are underway

Overseas Development Aid.

Enda Kenny

Question:

501 Deputy Enda Kenny asked the Minister for Foreign Affairs the amount scheduled to be paid in overseas development aid by the State for the financial year 2009; the percentage as a proportion of GNP Irish aid stands at as a result of the April 2009 budget; the percentage decline in Irish aid as a proportion of GNP that has occurred since the financial year 2008; his justification for cutting Ireland’s ODA budget in view of the life-saving projects undertaken by Irish Aid agencies through ODA funding; if aid agencies have warned that ODA cuts could cost lives; if new percentage targets have been set within Irish Aid for Ireland’s ODA as a proportion of GNP for the financial years 2010 and 2011; if so, the nature of these targets; if he will provide a guarantee that Ireland will achieve its 0.7% goal by 2012; if not, if a statement will be made to the United Nations confirming that Ireland, for the second time, has broken its commitment to reach that percentage by a specified target year; and if he will make a statement on the matter. [15312/09]

The total official development assistance (ODA) budget for 2009 will be €696 million. Some €571 million will be administered by the Department of Foreign Affairs, with the balance of €125 million being contributions to development co-operation by other Government Departments and through Ireland's allocation to the EU Development Co-operation Budget. On current projections, total funding of €696 million will represent 0.48% of Gross National Product (GNP) in 2009. Expenditure on ODA in 2008 amounted to 0.58% of GNP. Ireland is currently ranked sixth in the OECD countries and fifth in the EU in terms of our per capita and percentage shares of GNP spend on official development assistance. I regret that it has been necessary to reduce funding to the development assistance programme for 2009. The decision to reduce the budget was difficult but necessary in the context of the economic situation that the country faces. The reduction is one of a series of measures designed to restore the public finances and establish a solid platform for renewed economic growth. I am acutely aware of the implications of the ODA cuts. Our aid programme is renowned internationally for its clear focus on the reduction of poverty and hunger and on the least developed countries, especially in sub-Saharan Africa. I am determined that we will maintain this focus and that we will continue to work closely with our partners in pursuit of our shared goals of reducing poverty in line with the Millennium Development Goals.

The Government decision to reduce the ODA budget for 2009 will make it more difficult to achieve the target of spending 0.7% of GNP on ODA by 2012. Nevertheless, we will continue to work towards the target. A full assessment of our capacity to achieve this goal will be made in the context of the preparation of the 2010 Budget. It is important to note that Ireland is still significantly ahead of all but a few EU member states in making progress towards achieving the broad EU 0.7% of GNP target in 2015. While I understand the disappointment in relation to the temporary reverse of the growth in our aid programme, it is worth stepping back a little to reflect on what we have achieved over the past few years. To have become the world's sixth biggest donor per head in a relatively short period of time is an extraordinary and unparalleled achievement. It is also expected that Ireland will retain this ranking in 2009. This remains an enormous achievement. A major review of Ireland's aid programme by the OECD, a key peer review which is carried out every five years, will be published shortly. It states that "Ireland is a champion in making aid more effective". This is an important, independent, international endorsement of the work of our aid programme from which we can all draw pride. It confirms that the aid programme will remain one of the most effective in the world. We retain our core values of supporting the world's poorest people in a way that builds capacity and addresses the fundamental causes of poverty. We are determined that, once we have got our economy back into a pattern of sustainable growth, we can resume our expansion of our development co-operation volumes.

Middle East Peace Process.

Michael D. Higgins

Question:

502 Deputy Michael D. Higgins asked the Minister for Foreign Affairs his position on the call for an immediate arms embargo on Israel, Hamas and other Palestinian armed groups to be in force until such time as there is no longer a threat that such arms can be used to commit serious violations of international law. [15513/09]

I have made clear the Government's strong condemnation of all uses of military force contrary to international law. This can relate to the types of weapons used and to the way in which weapons are used. It applies to all uses intentionally aimed at causing civilian casualties. There is no realistic proposal for an arms embargo which would address this problem in relation to the Middle East. There is no prospect of international agreement at UN or EU level for such an arms embargo. A total embargo would be opposed by many on the basis that Israel is entitled to defend itself, although I have made clear that this right is not unlimited and does not negate the rights of others. Nor would such an embargo realistically address the issue of supply of weapons to Hamas and other groups, including for example missiles used solely for attacks on civilians, since these weapons are supplied covertly.

Foreign Conflicts.

Michael D. Higgins

Question:

503 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the position as it pertains in Georgia. [15514/09]

The current situation in Georgia, following the outbreak of conflict there in August 2008, is tense but relatively stable. Since the conflict, continued efforts by the international community, most notably the European Union, the United Nations and the Organisation for Security and Co-Operation in Europe, have helped to return stability to the region. Work is continuing with a view to achieving a sustainable resolution to the conflicts in the separatist regions of South Ossetia and Abkhazia. The EU monitoring mission was deployed on 1 October 2008 in accordance with the arrangements set out in the agreement negotiated by the French EU Presidency on 8 September. Together with the missions provided by the UN and the OSCE, the EU mission continues to play a vital role in monitoring the situation on the ground in Georgia. Ireland has contributed four personnel to the EU monitoring mission. EU member states, including Ireland, have provided vital humanitarian assistance to those affected by fighting. The peace talks that were inaugurated in Geneva on 15 October 2008 remain an essential element in achieving dialogue between the Russian Federation and Georgia. The fifth round of these talks is scheduled for 18 and 19 May 2009 in Geneva. As regards developments within Georgia, the Deputy may be aware that a large protest took place in Tbilisi on 9 April 2009 which called for the resignation of President Mikheil Saakashvili. The demonstration passed off peacefully and without incident. Ireland, together with its EU partners, supports the territorial integrity of Georgia and will continue to monitor the situation there closely and support every effort to find a lasting and peaceful resolution to this conflict.

Michael D. Higgins

Question:

504 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the position as it pertains in Moldova. [15515/09]

The Deputy will be aware that the parliamentary elections in Moldova took place on 5 April and resulted in a victory for the ruling Communist Party. On 6 April, the Organisation for Security and Co-Operation in Europe's office of democratic institutions and human rights released a statement noting that the elections had met many international standards but that further improvements were required, including the need to ensure public confidence in the process. Ireland contributed one long-term observer and ten short-term observers to the election observation mission. I understand that protests took place after the election which started off peacefully. However, after the outbreak of violent incidents, the Moldovan government arrested a number of demonstrators. In a related development, the government accused the opposition of plotting to overthrow it and blamed Romania for instigating the demonstrations, a charge Romania denies. My information is that a number of steps have been taken against Romanian interests in the country. At the request of Romania, the situation in Moldova will be discussed at the meeting of the General Affairs and External Relations Council that I will attend next Monday, 27 April. The EU will continue to make every effort to ensure stability in Moldova and to encourage dialogue between the Moldovan government and opposition. In doing so, however, it will not lose sight of the need to draw the attention of the Moldovan government to its international obligations in regard to the rule of law and human rights for those arrested in the period following the election.

Departmental Staff.

Paul Kehoe

Question:

505 Deputy Paul Kehoe asked the Minister for Foreign Affairs the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor’s opinion; and if he will make a statement on the matter. [15673/09]

The following table sets out the total number of uncertified sick days taken by staff in my Department during the years in question, along with the number of uncertified sick days taken on Mondays and Fridays:

Year

Total number of uncertified sick days taken

Mondays

Fridays

2007

1,317.5

321

199

2008

1,232.0

310

183

2009

334.0

62

42

The following table shows the number of staff taking fewer than 10 and more than 10 uncertified sick days during the years in question:

Year

No. of staff claiming uncertified sick leave who took fewer than 10 uncertified sick days

No. of staff claiming uncertified sick leave who took more than 10 uncertified sick days

2007

571

2

2008

571

2

2009

185

0

I understand it is not the practice within the Civil Service for staff who have taken uncertified sick days to be referred for an independent medical opinion. Such action is generally only taken when an officer has been on certified, long-term sick leave. The Department closely monitors uncertified sick leave absences by staff. Such absences in excess of the limits prescribed by the Department of Finance (i.e. seven days in any period of 12 months) result in the withholding of salary.

Foreign Conflicts.

Finian McGrath

Question:

506 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will seek an end to the killing of civilians in northern Sri Lanka as a matter of urgency. [15850/09]

As I have said on many occasions in this House, most recently on 24 March, I remain deeply concerned about the ongoing conflict in Sri Lanka and in particular about the grave humanitarian situation there. Thanks to the efforts of the UN Secretary General and the Under Secretary General for Humanitarian Affairs, the Government of Sri Lanka announced a two-day ceasefire on 12 April. While this was less than the full humanitarian pause of several days which the Secretary General had pressed for, it was nevertheless seen as an opportunity to try to relieve the horrendous suffering of the local population trapped in the conflict zone by providing them with some opportunity to evacuate and to access humanitarian assistance. While some civilians succeeded in escaping from the conflict zone during the temporary ceasefire period agreed to by the Sri Lankan government, the figure was not as great as had been expected. There were reports that the Liberation Tigers of Tamil Eelam (LTTE) were preventing civilians from leaving the area. Over the last few days, however, it has been reported that up to 40,000 civilians have succeeded in escaping through breaches in barricades, bringing to over 100,000 the number who have fled the zone. Although there are no reliable figures for the numbers still trapped in the rapidly shrinking zone still under the control of the LTTE, it is clear than tens of thousands of civilians are at grave risk as the war moves into what may well be its final and most intensive phase. Earlier this week, the LTTE rejected a call on them from the Sri Lankan army to surrender within 24 hours to prevent further bloodshed. The current indications are that the LTTE intends to fight this out until the bitter end. Army operations have since intensified and gained significant ground.

Together with its partners in the EU, Ireland welcomed the temporary ceasefire but called for it to be extended to facilitate humanitarian operations in the affected parts of the country and ensure the physical safety of all civilians. I regret that this did not happen. I remain gravely concerned about the plight of the many thousands of innocent men, women and children, many of them wounded or ill, who are still trapped in the war zone. I welcome the fact that up to 100,000 of those who have fled the zone have increased access to humanitarian support. I commend the excellent work being done by organisations such as the ICRC, UNHCR, and Médecins Sans Frontières, whose activities Irish Aid have been supporting. I welcome the recent visit by the UN Secretary General's Chef de Cabinet, Vijay Nambiar, to Colombo last week. I hope the UN will be able to engage more proactively with the Sri Lankan government while this appalling humanitarian tragedy continues and beyond.

I continue to take the firm view that there can be no military solution to Sri Lanka's political difficulties. A lasting peace settlement will require serious reconciliation efforts and a negotiated political process aimed at protecting the interests of all the citizens of Sri Lanka and enshrining the principle of parity of esteem among its divided communities. Ireland would welcome further activity by the international community, in particular by the UN Security Council, to help to bring about a swift resolution to the conflict with minimum loss of life and to support a negotiated peace process and reconciliation. If the relevant parties seek our advice in relation to a negotiated peace process, we will give consideration as to how we could best help. I am strongly supportive of the efforts that have been made and are continuing to be made to persuade the Sri Lankan government and the representatives of the Tamil people to engage in serious efforts to resolve their differences through negotiations, rather than warfare, and to seek a sustainable peace based on the principle of parity of esteem among the divided communities. Along with senior UN officials, the members of the Tokyo Co-Chairs group that supports the Sri Lankan peace process — Norway, the US, the EU and Japan — have engaged in diplomatic activities in respect of the humanitarian situation. Some of them have also focused on the broader political context. Following an attack on the Sri Lankan Embassy in Oslo on 12 April, the Sri Lankan government has regrettably indicated that it is no longer feasible for Norway to act as facilitator in its engagement with Sri Lanka.

Since 2005, the Government has provided more than €5.3 million for humanitarian and development activities in Sri Lanka. Over $12 million was allocated to Sri Lanka from the UN's central emergency response fund, to which Ireland is the seventh largest donor, in 2008. The International Committee of the Red Cross and the UN Refugee Agency, which are two of the key organisations at the centre of the response to the humanitarian crisis, also receive regular unearmarked funding from Irish Aid. In view of the perilous situation in the affected areas, a decision has been taken to offer additional Irish Aid funding of €170,000 to Médecins Sans Frontières, which is treating large numbers of civilians affected by the conflict. The Government will continue to monitor closely the humanitarian situation in northern Sri Lanka. The possible provision of additional emergency funding is being kept under review.

Departmental Properties.

Deirdre Clune

Question:

507 Deputy Deirdre Clune asked the Minister for Arts, Sport and Tourism his involvement in an inter-departmental committee to examine the future of Spike Island; when this committee was established; the dates on which the committee has met since its establishment; the location at which these meetings were held; the reports which have emerged from this committee; when a final decision is expected from this committee; and if he will make a statement on the matter. [15287/09]

Following the decision to establish an interdepartmental group to examine options for the future development of Spike Island as a tourism project, the group met for the first time on 21 September 2007 in the offices of the Department of Arts, Sport and Tourism in Dublin. Following that meeting, it was agreed that the various bodies represented on the group would provide a synopsis of their interest, involvement or role in relation to Spike Island, their potential role in developing, supporting or operating the island as a tourism project, and what form, if any, they consider the project might take. The Department of Arts, Sport and Tourism subsequently prepared and circulated a comprehensive questionnaire to the relevant Departments and bodies to elicit this information. These contributions will form the basis of a report which the group will then consider for agreement. I expect that the group will soon consider what options arise for the future development of Spike Island as a result of these consultations and deliberations. Any recommendations or conclusions in a report of the group in relation to possible future developments on the site will be for my colleague, the Minister for Justice, Equality and Law Reform, to consider in the first instance.

Departmental Expenditure.

Mary Upton

Question:

508 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the areas of funding which are to be reduced and the amount of same due to the reduction in funding to his Department; and if he will make a statement on the matter. [15264/09]

The Supplementary Budget for 2009 was necessary to bring stability to the public finances, restore economic activity and enhance Ireland's competitiveness. In this regard, it is critical to manage the immediate economic difficulties so that Ireland is well positioned to take full advantage of the international economic recovery when it arrives. Expenditure in relation to arts, culture and film has been reduced by €41 million from €221 million in 2008 to €180 million in 2009, a reduction of18.5%. Within this, the reduction in current expenditure is just 6% while the reduction in capital expenditure is 42%, owing primarily to the completion of once-off major capital projects such as the Wexford Opera House and the Gate Theatre extension. Expenditure in relation to sports, recreation services and the horse and greyhound racing industry has been reduced by €141 million from €336 million in 2008 to €195 million in 2009, a reduction of 42%. However, the 2008 figure includes a once-off expenditure of €116 million in relation to the Lansdowne Road stadium project. When this sum is excluded, the reduction in relation to sport for 2009 is of the order of 11%. Expenditure in relation to tourism has been reduced by €16 million from €169 million in 2008 to €153 million in 2009, a reduction of 9.5%. Having regard to the foregoing, I successfully sought to minimise reductions in the Arts, Sport and Tourism core budgets, in accordance with the Government's stated priority of protecting economic sectors that contribute to job creation, foreign revenue earnings and tax yield to the Exchequer.

National Archives.

Mary Upton

Question:

509 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism his views on the reduction from 30 years to 15 years of the quarantine period for public records before they are placed in the National Archives; the reason he would not support this decision which would provide for closer public scrutiny of public records; and if he will make a statement on the matter. [15265/09]

I presume the Deputy is referring to the report of an official review of the operation of the 30-year rule in the United Kingdom, which recently recommended that the relevant timeframe be reduced to 15 years. The UK recommendation is that this be done two years at a time over a period of 15 years starting in 2010 and running until 2024. The British Government is considering this recommendation. The report of the official review has been published at www.30yearrulereview.org.uk/default.htm. The British report is based partly on research showing that some countries release records to public inspection after periods significantly shorter than 30 years. The report concludes that the maintenance of the present 30-year rule is anachronistic and unsustainable, as freedom of information legislation has decisively and irreversibly enhanced the right of the public to greater access to much more recent official information. In Ireland, however, most Departments hold significant quantities of records that are more than 30 years old. The principal reason for this is the adequacy of the storage available in the National Archives.

Mary Upton

Question:

510 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if he is satisfied with the process of transferring public records to the National Archives, under the 30 year rule; if there is an audit procedure in place to ensure that all relevant documents are lodged within the required timeframe; if there is consistency across all relevant Departments in the lodging of the documents; and if he will make a statement on the matter. [15267/09]

Under the National Archives Act 1986, the general rule is that all Departmental records which are more than 30 years old must be transferred to the National Archives and made available for inspection by the public. Particular records may be retained by Departments and/or be withheld from public inspection only if they are covered by certificates stating either that they are in regular use in a Department or are required in connection with its administration or that making them available for inspection by the public would or might be contrary to the public interest, constitute a breach of statutory duty, or a breach of good faith on the ground that they contain information supplied in confidence, or cause distress or danger to living persons on the grounds that they contain information about individuals, or would or might be likely to lead to an action for damages for defamation.

At present, only the Department of the Taoiseach, the Department of Foreign Affairs, the Office of the Secretary to the President and the Office of the Attorney General have transferred all records that are more than 30 years old and are not covered by retention certificates. Most other Departments have transferred all records predating 1960 and have transferred significant quantities of more recent records, but retain records of varying size. The position at the end of each calendar year is summarised in an appendix to the report of the director of the National Archives for that year. The director's reports up to 2006 are available on the National Archives website and in the Oireachtas Library. His report for 2007 is under consideration by my Department, and his report for 2008 will be submitted to me next month (May). Departments are responsible for ensuring that all records that are more 30 years old are identified prior to transfer. In the case of the Department of the Taoiseach, the reference numbers of all files relating to matters considered by Government are specified in the relevant minutes of Government meetings and care is taken to ensure that all such files are included in each annual transfer.

Swimming Pool Projects.

Ulick Burke

Question:

511 Deputy Ulick Burke asked the Minister for Arts, Sport and Tourism the reason there has been no progress in allowing the Loughrea, County Galway swimming pool project to go to construction; if the funding is ring-fenced; if the matter with the Chief State Solicitor’s office has been clarified; and when he will allow the project to proceed. [15270/09]

Following meetings between Galway County Council, the Office of the Chief State Solicitor and my Department, advice has been received from the Office of the Attorney General on issues that were pertinent to the contractual arrangements reached between Galway County Council and a private developer in relation to the project. This advice has been conveyed to Galway County Council, which has been asked for alternative proposals as to how the project might be advanced. These proposals are awaited.

Arts Funding.

Finian McGrath

Question:

512 Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism the status of the grant in relation to funding that was announced on 2 May 2008 amounting to the sum of €10 million for 13 major arts and culture projects in 12 counties under the final round of investments under ACCESS II funding, and in particular in relation to funding awarded to Athlone Town Council, County Westmeath of €650,000; and the steps that have been taken by Athlone Town Council to progress the initiative since accepting the grant in May 2008. [15347/09]

Finian McGrath

Question:

513 Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if funding was allocated to a specific location in Athlone under ACCESS II funding which Athlone Town Council were awarded on 2 May 2008 to the sum of €650,000 in order to develop a dedicated contemporary gallery and artists studio in Athlone town; and his views on whether this funding has been awarded in order to develop a dedicated contemporary gallery and artists studio and such funding is not conditional to a specific location in Athlone town. [15348/09]

I propose to take Questions Nos. 512 and 513 together.

In April 2007, some €32.4 million was allocated to 67 projects under the ACCESS II arts and culture capital enhancement support scheme. In May 2008, the Minister for Arts, Sports and Tourism allocated funding of a further €10.2 million to 13 additional projects which had been placed on the reserve list for funding by the independent selection committee. Athlone Town Council was one of the 13 additional projects and was allocated €650,000 towards the development of a two part scheme — artists' studios and a dedicated contemporary gallery in Athlone. As set out in the application form under the ACCESS scheme, the gallery is planned to be located in Fr. Matthew Hall, situated in Athlone on the west bank of the River Shannon. The studios will be located in St. Mary's Hall on Abbey Road on the east side of the bridge in Athlone. The two premises are a five-minute walk apart. To date, no application has been received by the Department to change the location of either part of the project. At the present juncture, my Department is awaiting detailed plans and drawings of the project from the promoter, Athlone Town Council.

Sports Funding.

Dan Neville

Question:

514 Deputy Dan Neville asked the Minister for Arts, Sport and Tourism if he will make a statement on the case of a person (details supplied) in County Limerick. [15457/09]

The Irish Sports Council, which is funded by my Department, has a statutory role in encouraging the promotion, development and co-ordination of competitive and recreational sport. The provision of funding to national sports governing bodies is the responsibility of the council and is based on the council's criteria. The national governing bodies, in turn, provide funding to the relevant sports clubs. There is no means by which organisations, clubs or individuals can secure funding outside this process. The Irish Sports Council does not operate a scholarship scheme for athletes to study abroad. However, the international carding scheme provides a range of financial and non-financial supports to assist Ireland's most talented players and Olympic and Paralympic athletes who have the potential to reach finals at the Olympic and Paralympic Games. Each athlete must apply through his or her national governing body of sport to be considered for funding under the international carding scheme. The Irish Sports Council is not aware of having received an application under the scheme in respect of this athlete. There are no sports scholarships available from my Department. I understand from the Department of Education and Science that its student grant schemes do not extend to study outside the EU.

Irish Horseracing Industry.

Lucinda Creighton

Question:

515 Deputy Lucinda Creighton asked the Minister for Arts, Sport and Tourism if he will provide statistics available to him regarding the number employed in the thoroughbred industry and the estimate available as to the revenue generated by the industry and related industries; if he will provide the source of such statistics; and if he will make a statement on the matter. [15645/09]

The Horse and Greyhound Racing Fund was established under the Horse and Greyhound Racing Act 2001 to support the horse and greyhound racing industries. Some €68.128 million has been allocated to the fund for 2009. In accordance with the Horse and Greyhound Racing Act 2001, 80% and 20% of the moneys paid into the fund each year are distributed between Horse Racing Ireland and Bord na gCon respectively. Therefore, €54.502 million has been allocated to Horse Racing Ireland for 2009. To date, the fund has not only helped to provide some top class racing venues and facilities, but has also underpinned significant employment in the horse racing and breeding industry. Funding of Horse Racing Ireland supports an important productive industry and helps to sustain the important role of the horse breeding and training enterprises in the development of the rural economy. The horse racing and breeding industry supports an estimated 16,500 jobs, generates substantial economic activity and makes a vital contribution to the rural economy, including farm incomes. This funding has allowed Ireland to develop into a world centre of excellence for horseracing. Horse Racing Ireland has undertaken a capital investment programme that has underpinned growth in the sector. Statistics provided by Horse Racing Ireland show that at least 80,000 tourists come to Ireland each year to attend race meetings at this country's 27 courses; the Punchestown and Galway festivals are worth €105 million to their local economies; the horse racing and breeding industry generates exports worth nearly €200 million annually to 43 different countries; and the industry produces a gross economic contribution exceeding €330 million annually.

Departmental Staff.

Paul Kehoe

Question:

516 Deputy Paul Kehoe asked the Minister for Arts, Sport and Tourism the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15665/09]

The number of uncertified sick days taken by staff in the Department of Arts, Sport and Tourism for the years 2007 and 2008 and to the end of March 2009 is as follows:

Year

Number of Uncertified Sick Days

No of staff on sick leave in category 1 to 10 days and (over 10 days)

Number of days uncertified sick leave Monday (Friday)

2007

207

78 (0)

36 (19)

2008

229

83 (1)

42 (19)

2009 (Quarter 1)

55

34 (0)

15 (4)

No officer has been referred to the Office of the Chief Medical Officer with regard to his or her absence on uncertified sick leave.

Security of the Elderly.

Brendan Howlin

Question:

517 Deputy Brendan Howlin asked the Minister for Community, Rural and Gaeltacht Affairs if he will review the retrograde decision to end the grant scheme under which home security devices are provided for older people; his views on the fact that the relatively small saving from the scrappage of this scheme is expected to be exceeded by the cost of additional medical treatment, nursing home care and garda activity arising from the effects on older people’s vulnerability in their homes resulting from the non-availability of publicly funded home security devices; and if he will make a statement on the matter. [15442/09]

Michael D. Higgins

Question:

527 Deputy Michael D. Higgins asked the Minister for Community, Rural and Gaeltacht Affairs if he will reconsider the decision to suspend the community supports for older people programme; the reason this decision was taken in the first instance; and if he will make a statement on the matter. [15430/09]

Billy Timmins

Question:

529 Deputy Billy Timmins asked the Minister for Community, Rural and Gaeltacht Affairs the position in relation to the suspension of the community support for older people grant; if, in view of the circumstances involved, this decision will be reversed and funding made available; and if he will make a statement on the matter. [15601/09]

Mary Upton

Question:

531 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs if he will review the decision to suspend the grant in respect of community support to older people which provided for pendant alarms, security lights and so on; his views on the impact of the decision to suspend this grant; and if he will make a statement on the matter. [15804/09]

Fergus O'Dowd

Question:

532 Deputy Fergus O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs his views on representations from a group (details supplied) in County Louth; and if he will make a statement on the matter. [15979/09]

I propose to take Questions Nos. 517, 527, 529, 531 and 532 together.

The scheme of community support for older people was suspended on 7 April. This was done with a view to affording my Department an opportunity to review its operation over the next few months and relaunch it later in the year. Yesterday, I met representatives of organisations involved with issues affecting older people. I agreed with them a process that will set the broad parameters for the review and for the necessary consultation to be undertaken as part of it. I am hopeful that the review process can begin in May and be completed by mid-September. I would like to reassure the Deputies that all applications received up to the suspension of the scheme will be processed and approved, as appropriate, in line with the current eligibility criteria. In addition, it is important to note that the suspension of the scheme in no way affects those who already have received a monitored alarm device.

Inland Waterways.

Willie Penrose

Question:

518 Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs the status of employees of Waterways Ireland; if they are public sector employees or otherwise; and if he will make a statement on the matter. [15788/09]

Waterways Ireland is a North-South Implementation Body established under the British-Irish Agreement Act 1999 and the North-South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999. Waterways Ireland is jointly funded by my Department and the Department of Culture, Arts and Leisure of Northern Ireland. Employees of Waterways Ireland are public sector employees.

Community Development.

Seán Connick

Question:

519 Deputy Seán Connick asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that the services provided by a day care centre for elderly people (details supplied) in County Wexford for 2009 are dependent on being awarded grant aid under the community services programme; if this group will be awarded the grant aid requested under the community services programme in 2009; the other possible sources of grant aid for this day care centre that may be available in his Department; and if he will make a statement on the matter. [15087/09]

Brendan Howlin

Question:

528 Deputy Brendan Howlin asked the Minister for Community, Rural and Gaeltacht Affairs if he has received an application for funding under the community services programme from a group (details supplied) in County Wexford; if his attention has been drawn to the fact that €40,000 is required in order to continue this service for 2009; if he will ensure that funding to enable this service to continue is made available to the group; and if he will make a statement on the matter. [15456/09]

I propose to take Questions Nos. 519 and 528 together.

An application from the organisation referred to in the Deputies' questions was received under the 2008 call for applications under the community services strand of the community services programme. The assessment of this application has been completed and the applicant has been informed of the outcome. In light of the current economic situation, my Department is not in a position to provide funds to enable this organisation to move to the next stage of the development of their project. Funding for the programme for future years will fall for consideration in the context of the annual Estimates process for my Department.

Mary White

Question:

520 Deputy Mary Alexandra White asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that Pobal, a body set up to aid community interests, has withdrawn its contract from a partnership (details supplied) and will cease funding this partnership, which represents Dublin 12, containing five of the most disadvantaged areas in Dublin. [15089/09]

Mary White

Question:

521 Deputy Mary Alexandra White asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that only after workers at a partnership (details supplied) received protective notice did Pobal reveal that there was an appeals procedure and that there is no documented appeals procedure within Pobal’s operational guidelines. [15090/09]

Mary White

Question:

522 Deputy Mary Alexandra White asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on the way the local community will be supported in the absence of a partnership (details supplied). [15091/09]

I propose to take Questions Nos. 520 to 522, inclusive, together.

I refer the Deputy to my reply to Question No. 98 on 9 April last.

Ruairí Quinn

Question:

523 Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if he had a meeting (details supplied) with representatives of Dublin City Council regarding the extension of the south east inner city RAPID area to include contingent wards which are socially disadvantaged; his views on whether the extra area and population should be included in the RAPID area; and if he will make a statement on the matter. [15163/09]

I can confirm that I had a meeting with representatives of Dublin City Council as outlined in the Deputy's question. In terms of reviewing the RAPID programme, my attention at present is focused on an analysis of recent Census data with a view to ensuring that the boundaries of existing RAPID areas are appropriate. I hope to be able to make an announcement in relation to this matter shortly.

Dormant Accounts Fund.

Jack Wall

Question:

524 Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if there is a family drug support unit for an area (details supplied) in County Kildare; if there are plans to set up such a unit; the location of the nearest such support group; if he has funding for the establishment of such a group; and if he will make a statement on the matter. [15220/09]

As the Deputy will be aware, County Kildare is one of the areas covered by the South Western Regional Drugs Task Force (SWRDTF). The Community Addiction Team (CAT), which is based in Newbridge, currently runs family support programmes for the region. Funding to support these programmes is provided by my Department and is overseen by the Task Force. The Deputy should also note that an indicative allocation of €1.7m has been approved under the Dormant Accounts Fund to develop once-off initiatives aimed at improving services for families of drug misusers in both Local and Regional Drugs Task Force areas. I expect the specific proposals — including one in the area referred to by the Deputy and two others in the SWRDTF area — will be advanced over the coming period.

Departmental Expenditure.

Michael Creed

Question:

525 Deputy Michael Creed asked the Minister for Community, Rural and Gaeltacht Affairs the level of funding being made available by his Department to each local authority for the scéim na mbóithre aise in 2009; and if he will make a statement on the matter. [15320/09]

My officials are currently examining the matter referred to by the Deputy in light of the current budgetary situation and the level of commitments carried over from previous years under the scheme. Final decisions on what, if any, allocations are approved for individual local authorities under the scheme in 2009 will be taken in due course.

Dormant Accounts Fund.

Joe Costello

Question:

526 Deputy Joe Costello asked the Minister for Community, Rural and Gaeltacht Affairs the progress on the application by an association (details supplied) for a phased grant from the dormant accounts fund; and if he will make a statement on the matter. [15426/09]

The organisation in question applied for funding under the Dormant Accounts measure supporting community based care services for older people. The organisation applied for funding for the purpose of employing a part-time senior support co-ordinator. The project was not recommended for funding and the organisation was informed of this decision. In accordance with established procedure, the organisation was offered, and availed of, the opportunity to have this decision reviewed. The application was fully reviewed and the original decision was upheld. The organisation was informed of the outcome of the review process in October 2008. No further action is proposed with respect to this application.

Question No. 527 answered with Question No. 517.
Question No. 528 answered with Question No. 519.
Question No. 529 answered with Question No. 517.

Departmental Staff.

Paul Kehoe

Question:

530 Deputy Paul Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and more than ten days; the number of uncertified sick days taken on Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15667/09]

The details requested by the Deputy are shown in the following table. It should be noted that the figures shown are whole-time equivalents. The individual who has taken more than 10 days uncertified sick leave in 2009 has been sent for an independent doctor's opinion.

Details regarding uncertified sick leave 2007-2009 to date

Uncertified Sick Leave

2007

2008

2009 (Jan-Apr)

Total number of days taken

229.52

162.79

61.77

Number of days taken on Mondays

42.00

42.00

15.00

Number of days taken on Fridays

34.00

28.00

13.00

Number of employees who have taken 1-10 days

91.00

83.00

35.00

Number of employees who have taken >10 days

0.00

0.00

1.00

Questions Nos. 531 and 532 answered with Question No. 517.

Social Welfare Benefits.

Caoimhghín Ó Caoláin

Question:

533 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if the cut in jobseeker’s allowance, which affects only persons under the age of 20, is in violation of European anti-discrimination law; and if she will make a statement on the matter. [15754/09]

Caoimhghín Ó Caoláin

Question:

538 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the strategy in place to support young people aged 18 to 19 years into work or into training and education who are currently on the live register; the number of new education and training places that were provided for this group as part of the 7 April 2009 Budget announcement to halve their jobseeker’s allowance; and if she will make a statement on the matter. [15412/09]

Caoimhghín Ó Caoláin

Question:

539 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the reason the Government decided to halve the jobseeker’s allowance for young people aged 18 to 19 years; and if she will make a statement on the matter. [15413/09]

Caoimhghín Ó Caoláin

Question:

540 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if her Department conducted a study or analysis of the policy or supports that young people aged 18 to 19 years need to assist them into work, training or education prior to making the decision of halving the jobseeker’s allowance for this group; if such a report exists, if she will provide a copy; and if she will make a statement on the matter. [15414/09]

Róisín Shortall

Question:

551 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if a full payment for under 20 jobseekers will apply where there is no training or education place available. [15794/09]

I propose to take Questions Nos. 533, 538 to 540, inclusive, and 551 together.

In order to incentivise 18 and 19 year old jobseekers to avail of education and training opportunities and try to prevent their becoming welfare dependent from a young age, changes are being made to the Jobseeker's Allowance. The rate of Jobseeker's Allowance that will be paid to new claimants under the age of 20 is being reduced from €204.30 per week to €100 per week, with effect from the first week of May 2009. This decision was made on foot of ongoing consideration of unemployment and incentives policy by Government. It is not discriminatory but rather a targeted measure aimed at protecting young people from welfare dependency.

Receiving the full adult rate of a jobseeker's payment at 18 years of age, without a strong financial incentive to engage in education or training, can lead to welfare dependency from an early age. If they do not improve their skills, such young persons are at risk of becoming long-term unemployed from a young age. Therefore, it is considered necessary to provide 18 and 19 year old jobseekers with a strong financial incentive to engage in education or training or to take up employment that pays more than €100 per week.

The fact that 18 and 19 year olds who participate in a FÁS or similar training/ education course will get the full rate of the relevant payment (e.g. FÁS training allowance, Community Employment rate, Back to Education Allowance), instead of €100 on Jobseeker's Allowance, should also be a major incentive for such participation. Individuals will be required to access such courses if they are to receive a full rate payment. However, young people with dependent children will not have their rates reduced.

Primarily delivered through FÁS, there is a wide range of courses being made available to persons aged 18 or 19 years and additional Post –Leaving Cert courses are being made available through Vocational Education Committees. Also this Department has a range of education and employment supports available to people in receipt of welfare payments. The overall aim is to assist persons to return to the active labour market by enhancing their employability. This is done through the operation of programmes including the back to education and back to work allowance enterprise schemes. In addition, the Activation and Family Support Programme and the Second Chance Education Opportunities Scheme offer supports to social welfare customers and other disadvantaged persons, including young people aged 18 to 19, to assist them to improve their employability and personal and family situations. Schemes will continue to be monitored in light of the changing economic circumstances to ensure that they continue to meet their objectives.

Social Welfare Appeals.

Paul Connaughton

Question:

534 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be given on an illness benefit appeal in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [15244/09]

Payment of Illness Benefit, to the person concerned, was discontinued from 22 November 2008 following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened 27 November 2008 and, in the context of that appeal, her case was reviewed by a second Medical Assessor on 2 January 2009 who also expressed the opinion she was capable of work. I am informed by the Social Welfare Appeals Office that in the light of this second medical opinion, that office, on 6 January 2009, decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. Documentation from the Department on this case has been received by an appeals officer who has decided to hold an oral hearing. The person concerned will be informed when arrangements for this hearing have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

National Carer’s Strategy.

Brian O'Shea

Question:

535 Deputy Brian O’Shea asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 263 of 7 April 2009, if she will reconsider her decision not to publish a national carer’s strategy; and if she will make a statement on the matter. [15262/09]

There are no plans to reconsider the decision not to publish a National Carer's Strategy at this time. During 2008 an interdepartmental group, chaired by the Department of the Taoiseach, with secretariat support provided by my Department, undertook work, including a public consultation process to develop a National Carers' Strategy. However, because of the prevailing economic situation, it was not possible to set targets or time lines which could be achieved. In that context, rather than publishing a document which did not include any significant plans for the future, the Government decided not to publish a strategy. This position remains unchanged. The Government is acutely aware of the sacrifices made by carers and has sought to make many improvements in services and supports for carers.

Over the past decade, weekly payment rates to carers have greatly increased, qualifying conditions for carer's allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit, half-rate carer's allowance and the respite care grant have been introduced and extended. The means test for carer's allowance has been significantly eased over the years, and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse's earnings. Since April 2008, the income disregard has been €332.50 per week for a single person and €665 per week for a couple. This means that a couple with two children can earn in the region of €37,200 and qualify for the maximum rate of Carer's Allowance as well as the associated free travel and household benefits. A couple with an income in the region of €60,400 can still qualify for a minimum payment, as well as the associated free travel, household benefits package. These levels surpass the Towards 2016 commitment to ensure those on average industrial earnings continue to qualify for a full carer's allowance.

From June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care, regardless of their income. The rate of the respite care grant has also been increased to €1,700 per year in respect of each care recipient since June 2008. In June 2006, the number of hours for which a person can engage in employment, self-employment, education or training and still be considered to be providing full time care for the purposes of carer's allowance, carer's benefit and the respite care grant was increased from 10 to 15 hours per week.

In Budget 2009, I increased the rate of carer's allowance for those aged 66 or over by €7 to €239 per week and for those aged under 66 by €6.50 to €220.50 per week. These increases took effect from January 2009. Recipients of carer's allowance are also eligible for household benefits and free travel and the respite care grant. It is estimated that the combined expenditure on carer's allowance, carer's benefit, the respite care grant and half-rate carer's allowance will be €650 million in 2009. The Department of Social and Family Affairs is committed to continuing to work with the carer representative groups to deliver services in the most effective way and to support the carer groups in the valuable work they do in helping carers.

Departmental Expenditure.

Aengus Ó Snodaigh

Question:

536 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the amount spent on rent supplement per Health Service Executive area in February 2006, 2007, 2008 and 2009. [15394/09]

The following is a tabular statement showing the expenditure on rent supplement by HSE area for the month of February 2006, 2007, 2008 and 2009.

Expenditure on Rent Supplement by HSE Area

HSE Area

February 2006

February 2007

February 2008

February 2009

€000

€000

€000

€000

Eastern

17,636

17,014

17,575

19,746

Midland

905

947

1,250

1,558

Mid-Western

1,651

1,598

1,830

2,228

North Eastern

1,129

1,256

1,538

2,185

North Western

957

1,067

1,260

1,648

South Eastern

2,618

2,711

2,915

3,681

Southern

3,478

3,657

4,324

5,011

Western

2,475

2,529

2,753

3,401

Total(1)

30,848

30,778

33,445

39,458

(1)It should be noted that some of the totals have been rounded.

Social Welfare Appeals.

Michael Ring

Question:

537 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal was lodged for a person (details supplied) in County Mayo; and when this appeal will be heard. [15405/09]

An application for disability allowance, by the person concerned, was disallowed by a deciding officer of the Department on 22 February 2008 on the grounds that he did not satisfy the statutory means assessment for eligibility to this allowance.

An appeal was registered on 29 September 2008 but, I am advised by the Social Welfare Appeals Office, that the grounds for the appeal were not submitted until December 2008. In accordance with the statutory requirements, the Department was requested for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. When these were received, the case was referred to an appeals officer who has decided to hold an oral hearing. The person concerned will be informed when arrangements for this hearing have been made.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Questions Nos. 538 to 540, inclusive, answered with Question No. 533.

Social Insurance.

Caoimhghín Ó Caoláin

Question:

541 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs her views on lowering employer PRSI contributions when employers take on young people aged 18 to 19 years to assist them to obtain jobs; and if she will make a statement on the matter. [15416/09]

The PRSI system has a number of features designed to facilitate access to employment. Among these are the reduced rates of employer PRSI payable at lower income levels.

Class A PRSI is the social insurance class paid by most ordinary employees, encompassing circa 80% of all insured persons. The AO and AX subclasses feature a reduced 8.50% rate of employer PRSI, as opposed to the general employer rate of 10.75%. These subclasses are payable in respect of employments where weekly pay is €356 or lower.

In general, young people entering the workforce do so in junior or part-time positions with lower rates of pay. For such employments the lower rates of employer PRSI act as substantial incentive to employers to create opportunities for young people to enter the workforce. Any future changes to PRSI rates would be considered in a budgetary context.

Social Welfare Code.

Brendan Howlin

Question:

542 Deputy Brendan Howlin asked the Minister for Social and Family Affairs the way, in relation to the proposed introduction of a requirement for social welfare recipients to produce photo identification when receiving payments, this requirement can be satisfied by persons not in possession of a passport or driving licence; and if she will make a statement on the matter. [15424/09]

Staff in An Post are required to be satisfied that they are making payment to the person entitled to receive that payment. This has generally been done through signature verification.

The introduction of photo ID is designed to strengthen the identification in order to prevent abuse of the social welfare system. While passports and driving licences are the main documents used by individuals to prove their identity they are by no means the only ones. Among other acceptable documents are National Identity cards, cards issued by An Garda Síochána and employer ID cards. Some 90% of Irish people have a passport and 70% have a driving licence. Non-Irish nationals would be required to have either a passport or National ID card in order to travel.

Richard Bruton

Question:

543 Deputy Richard Bruton asked the Minister for Social and Family Affairs the revised rent ceilings which apply to persons in receipt of rent supplement. [15431/09]

Róisín Shortall

Question:

553 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the new maximum rent limits applicable to rent supplement applicants by family type area and whether or not they are in an existing tenancy. [15955/09]

I propose to take Questions Nos. 543 and 553 together.

The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

In recent years a significant number of people have come to rely on rent supplement for extended periods. There are currently almost 84,000 people in receipt of rent supplement, an increase of 40% since the end of December 2007. Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. Rent limits are set at levels that enable different types of eligible households to secure and retain basic suitable rented accommodation, having regard to different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household and market conditions.

Setting or retaining maximum rent limits at a higher level than are justified by the open market can have a distorting effect on the rental market, leading to a more general rise in rent levels and in landlord income. This in turn may worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes. Maximum rent limits are prescribed in regulations and are time limited so that they can be adjusted in the light of rent levels generally. The most recent regulations cover the period to 31 December 2009.

The recent Supplementary Budget provided for changes to be made to the rent supplement scheme. One of the measures being introduced is the reduction in the maximum level of rent supplement payable by the State in respect of all new tenancies or on renewals of tenancies. The limits will be reduced by up 6% to 7% on average, ranging up to 10%, depending on the geographical area and household size and by reference to an analysis of rent supplement and the Private Residential Tenancies Board rent data as well as the downward trends in private rents as recently published by the CSO. Trends in the private rent sector indicate that rents have fallen considerably in the past 12 months.

Payments currently being made to existing rent supplement tenants are being reduced by 8% in the expectation that landlords will reduce their rents given the reductions in the market as a whole. While tenants are contractually obliged to pay the rent agreed to in their lease, it is expected that landlords will decrease the rent in recognition of the fact that rents have fallen generally and that there are now a large number of vacant rental properties nationally. It is essential that state support for tenants does not give rise to inflated rental prices and overcharging by landlords. The new maximum rent limits will be prescribed in regulations to be made in the coming weeks and to take effect from 1 June 2009. These regulations will be laid before the Houses of the Oireachtas.

Richard Bruton

Question:

544 Deputy Richard Bruton asked the Minister for Social and Family Affairs the rules that will apply to determine eligibility for mortgage interest supplement by a person who loses their job. [15432/09]

The supplementary welfare allowance scheme (SWA) provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department.

The purpose of mortgage interest supplement is to provide short term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. In general a person may be entitled to a mortgage interest supplement provided that: s/he is habitually resident in the State, the loan agreement was entered into at a time when, in the opinion of the Health Service Executive, the person was in a position to meet the repayments, the residence in respect of which the loan is payable, is not offered for sale; the mortgage interest payable does not exceed such amount as the Health Service Executive considers reasonable to meet his or her residential needs. In exceptional circumstances, a supplement may be awarded where the mortgage interest exceeds such amount as the Executive considers reasonable but such a supplement is payable for a maximum of 12 months only; s/he satisfies a means test.

Mortgage interest supplements are normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of supplementary welfare allowance appropriate to family circumstances less a minimum weekly contribution, currently €18, which recipients are required to pay from their own resources. This minimum contribution is being increased to €24 with effect from 1 June 2009. Many recipients pay more than the minimum contribution because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.

The existing mortgage interest supplement assessment provides for a gradual withdrawal of payment as hours of employment or earnings increase. In recent years improvements have been made to the means test to encourage eligible people to engage in employment without losing their entire mortgage interest supplement. Those availing of part-time employment and/or training opportunities can continue to receive mortgage interest supplement subject to their satisfying the standard means assessment rules. Since June 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity. Each application for mortgage interest supplement is determined by a community welfare officer taking account of the relevant legislative provisions and on the basis of the merits of each individual case.

In view of the current economic environment, the Department has commenced a review of the administration of the mortgage interest supplement scheme. The main purpose of the review is to consider how the mortgage interest supplement scheme can best meet its objective of catering for those who require assistance on a short-term basis, where they are unable to meet mortgage interest repayments on their sole place of residence. Legislative and operational issues arising in the existing mortgage interest scheme, including the cap on hours of employment, are also being examined.

Social Welfare Appeals.

Joe Carey

Question:

545 Deputy Joe Carey asked the Minister for Social and Family Affairs if she will overturn the appeal decision in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [15643/09]

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

I am advised by that office that the appeals officer, having considered all the available evidence, including that adduced at an oral hearing, disallowed the appeal of the person concerned on the grounds that she did not rebut the findings of the Department's medical assessors that she was not incapable of work.

Under Social Welfare legislation, the decision of the appeals officer is final and conclusive but may be reviewed by the appeals officer in the light of new evidence or new facts. I am advised that further medical evidence was submitted by the person concerned and was forwarded to the Chief Medical Advisor for consideration on 4 March 2009. The CMO confirmed that the information submitted would not have affected the findings of the previous medical assessments and, as a result, the appeals officer did not consider that a revised decision was warranted.

By way of further review, the Social Welfare Consolidation Act 2005 provides that the chief appeals officer may revise any decision where it appears to him that the appeals officer's decision was erroneous by reason of some mistake having been made in relation to the law or the facts. In making a request for such a review an appellant must set down the reasons he or she believes a mistake was made having regard to the application of the law or the facts.

The Act also provides that any person who is dissatisfied with either the decision of the appeals officer or the outcome of the review carried out by the chief appeals officer may appeal that decision and/or outcome, as the case may be, to the High Court on any question of law.

Social Welfare Benefits.

Bernard J. Durkan

Question:

546 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when social welfare payment will issue to a person (details supplied) in County Kildare; if interim basic payment will be arranged as a matter of urgency in view of the fact that the person has had no income for some considerable time; and if she will make a statement on the matter. [15660/09]

The person concerned claimed Jobseekers Benefit on 20 February 2009 and was requested to supply specific information and documentation to support his claim. Unfortunately, he has failed to submit his P45 in the absence of which a decision cannot be given on his claim. On receipt of the P45 or a letter from his employer confirming the date of cessation of employment a decision will be made on his claim and he will be notified of the outcome as soon as possible.

The person concerned is in receipt of Supplementary Welfare Allowance (SWA) pending a decision on his entitlement to benefit. If he requires further clarification on this payment or wishes to discuss any other entitlements under the SWA scheme he should contact the community welfare officer at his local health centre.

Departmental Staff.

Paul Kehoe

Question:

547 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the number of uncertified sick days taken within all sections of her Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor’s opinion; and if she will make a statement on the matter. [15676/09]

Details of the number of uncertified sick days taken by staff of my Department in the years 2007, 2008 and to date in 2009, including those days taken on either Monday or Friday are as set out in the following table.

Year

Total Uncertified Sick Days

Uncertified Sick Days (Monday)

Uncertified Sick Days (Friday)

2007

5,933

1,491

691

2008

5,970

1,412

686

2009 (15th April)

1,705

464

184

All sick leave is monitored closely and particular attention is paid to the number, and pattern if any, of uncertified sick days. Officers who take between five and seven uncertified sick days in any twelve month period are contacted formally by the Department and the matter is then dealt with on an individual case basis. In any 12 months, the maximum number of uncertified sick days that can be taken is 7 days. The grant of paid sick leave without an accompanying medical certificate is a privilege which is withdrawn after 7 days. A case will not be referred to the Chief Medical Officer solely on uncertified sick leave but on the overall sick leave record. Figures showing the breakdown of referrals are not immediately available but the Chief Medical Officer's Report for 2008 records that it dealt with a total of 383 persons referred by my Department in the year.

David Stanton

Question:

548 Deputy David Stanton asked the Minister for Social and Family Affairs the procedures in place in her Department to ensure that staff who interact with the public are supported fully to enable them to provide a proper service to customers of her Department; the procedures in place to ensure that all customers of her Department are treated in a courteous manner; and if she will make a statement on the matter. [15732/09]

The Department has a programme of training and development for its staff to ensure they are in a position to deliver a quality service to its customers. The Department's central training section, Staff Development Unit provide a large number of training initiatives for staff who interact with the public. Among these are courses such as: Customer Service training; Dealing with Difficult Customers; Effective Communication with Speakers of other languages; Effective Writing training; Telephone Skills training; Assertiveness Skills; Service through Irish language training.

There is also an extensive management training programme which includes, among others, Customer service training modules. The training unit also provides a number of awareness interventions, including Disability, Diversity, Mental Health and Stress Awareness Training. In addition, a number of intensive training programmes are provided to specialist staff such as Social Welfare Inspectors, Jobs Facilitators and Information Officers who interact with customers on a regular basis. Regular updates on changes and improvements to schemes and services are also provided. To complement formal training courses, ongoing staff coaching and on-the-job training is also provided for front-line staff in the whole area of customer service through a network of regional and local office trainers.

The Performance Management and Development System, in which all managers and staff participate, provides the source from which individuals' training and development needs are identified. Individualised training and development plans are agreed between managers and staff during performance assessment meetings. Staff development is monitored on an ongoing basis during the year and additional support is provided where a need is identified. The Department has published its Customer Charter where it clearly outlines our commitments and objectives in the whole area of customer service. All our offices clearly display posters, and have information available regarding our continued commitment to a quality customer service, while we also have a Customers Comments and Complaints Procedure in place in all public offices, which is regularly monitored and reviewed by local management.

The Department is also a member of the Interdepartmental Quality Customer Service group — a group under the aegis of the Department of the Taoiseach.

Family Support Services.

Caoimhghín Ó Caoláin

Question:

549 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if she will reinstate the Family Support Agency’s capital grant scheme. [15751/09]

The Family Support Agency funds the Family and Community Services Resource Centre Programme, the Scheme of Grants to Voluntary Organisations providing Marriage, Child and Bereavement Counselling Services, the nationwide Family Mediation Service and research on family related issues. Funding for the Family Support Agency in 2009 now totals €35.707m.

Funding of €1m had been set aside to make capital grants available to Family Resource Centres later in 2009. However, as part of the Government's collective approach to controlling short-term expenditure in the interests of Ireland's future prosperity, this grant scheme will not now go ahead. Our support for family services, however, remains strong. The total budget for the Family and Community Services Resource Centre Programme in 2009 is over €18m and is helping communities throughout the country to support families.

Social Insurance.

Michael Ring

Question:

550 Deputy Michael Ring asked the Minister for Social and Family Affairs the contribution record of a person (details supplied) in County Mayo. [15784/09]

A copy of the information requested by the Deputy is being made available to him.

Question No. 551 answered with question No. 533.

Social Welfare Benefits.

Ciaran Lynch

Question:

552 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs if the recent changes to social welfare will make provision for persons who have been in the care of social services from a young age whether in foster care, residential care or in receipt of some other form of State assistance; if, on reaching the age of 18, such persons will be left to fend for themselves on the newly reduced allowances; and if she will make a statement on the matter. [15923/09]

The changes that are being made to the Jobseekers Allowance and Supplementary Welfare Allowance schemes are to incentivise 18 and 19 year old jobseekers to avail of education and training opportunities and prevent them becoming welfare dependent from a young age. The rates of the schemes that will be paid to new claimants under the age of 20 are being reduced to €100 per week, with effect from the first week of May 2009. The Qualified Adult rate (e.g. for a spouse/partner) payable in these cases will also be reduced to €100 per week.

It is important to note that the following people will not be affected: Existing claimants; People with dependent children; Those who qualify for the Jobseeker's Benefit; and People transferring to Jobseeker's Allowance immediately after exhausting their entitlement to Jobseeker's Benefit or those transferring from the Disability Allowance directly to Jobseeker's Allowance. Also, where an existing Jobseeker's Allowance claimant under age 20 (being paid the full adult rate) gets a job and leaves Jobseeker's Allowance but loses that job and ends up back on the scheme within 12 months, he or she will get the full adult rate rather than €100 a week.

The importance of providing aftercare services to young people leaving State care is widely recognised. It is acknowledged that the implementation of an effective leaving and aftercare policy strengthens the position of such young people, supports their transition to independence, reduces the possibility of homelessness and social exclusion and represents a key element in achieving positive outcomes for them. The Department is aware that 18 and 19 year olds leaving the care of the Health Service Executive might be particularly vulnerable to these reductions in the rates. This issue is currently being examined further in co-operation with the Department of Health and Children.

Question No. 553 answered with Question No. 543.

Departmental Programmes.

Róisín Shortall

Question:

554 Deputy Róisín Shortall asked the Minister for Defence the steps he is taking to ensure that the cycle to work bicycle scheme introduced in the Finance (No. 2 ) Act 2008 can be availed of by all employees under the remit of his Department. [15126/09]

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.

Overseas Missions.

Róisín Shortall

Question:

555 Deputy Róisín Shortall asked the Minister for Defence the position with regard to the overseas deployment of the Reserve Defence Force; his views on recent media articles which indicate that a stay has been placed on all overseas service for same; and the reason for such a decision. [15152/09]

The plan to deploy members of the Reserve Defence Force on overseas peace support operations has been postponed for the foreseeable future.

The Government has introduced a moratorium on recruitment to the Public Service with effect from 27th March 2009. This moratorium prevents the planned recruitment of members of the Reserve to the Permanent Defence Force for the purpose of overseas service. In addition, reductions in the Defence payroll budget have limited the scope for payment of additional personnel. For these reasons the planned deployment cannot now proceed.

The pilot project to send a small number of Reservists overseas by end 2009 was at an advanced stage and this is a disappointing development for all concerned. I would specifically like to thank those members of the Reserve who have participated in integrated training and volunteered themselves as candidates for overseas service, for the interest and commitment they have shown.

I will ensure that this project is re-visited as soon as circumstances permit.

Defence Forces Ombudsman.

David Stanton

Question:

556 Deputy David Stanton asked the Minister for Defence the number of final reports from the Ombudsman currently awaiting action and determination from him; the number of these final reports which have been presented to him for over four months; and if he will make a statement on the matter. [15359/09]

As of last Friday, the 17th April, there were seven (7) Final Reports from the Ombudsman for the Defence Forces that were awaiting my final determination.

Of these, one (1) was presented over four months ago. Every effort is made to respond to the Ombudsman's Reports as quickly as possible. Specific staff have been dedicated within the Defence Forces and my Department to dealing with Ombudsman cases. However, given the complexities involved, it sometimes takes longer than expected to fairly and comprehensively evaluate the issues raised by a specific case.

In each case, alongside the issues that affect the individual concerned, I also have to take into account the specific and unique requirements of the Defence Forces organisation as well as the wider implications for the public service of any issues arising. My officials will be meeting with the Ombudsman in the near future and will explore options for streamlining the processes.

Departmental Staff.

Paul Kehoe

Question:

557 Deputy Paul Kehoe asked the Minister for Defence the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15668/09]

The information requested by the Deputy is set out below.

Year

Number of Uncertified sick days taken

Number of uncertified sick days taken Fridays and Mondays

Number of employees who have taken uncertified sick

One to 10 days

Over 10 days

2007

500.0

205

239

None

2008

544.5

238

230

None

2009 (year to date)

119.0

48

81

None

My Department adopts a policy of active management of absences through a range of strategies designed to promote the control of sick leave and the elimination of abuse. In managing sick absences, my Department regularly avails of the services of the Chief Medical Officer for staff who take certified and uncertified sick absences. Referrals are made for various reasons and not exclusively because of uncertified sick leave.

Departmental Properties.

Michael McGrath

Question:

558 Deputy Michael McGrath asked the Minister for Defence his plans for the future of properties (details supplied) owned by his Department in County Cork. [15703/09]

The property in question is vested in the Minister for Finance. It comprises 3.5 acres approximately and includes four houses formerly used as married quarters for the Defence Forces. The Office of Public Works is in the process of disposing of the property.

Overseas Missions.

Jimmy Deenihan

Question:

559 Deputy Jimmy Deenihan asked the Minister for Defence if members of the Irish mission serving with the UN forces in Chad will be granted a UN medal for military service; and if he will make a statement on the matter. [15828/09]

In general terms, medals are currently awarded to members of the Defence Forces on the basis of various criteria such as their length of service, for service overseas and for acts of bravery associated with such service both at home and overseas.

Members who serve overseas on UN missions or UN mandated missions, subject to certain criteria, are currently eligible for the award of the UN Peacekeepers Medal. This medal is only awarded once to any one individual, irrespective of the number of overseas missions that they complete during their career. In addition to the Peacekeepers Medal, a member who serves overseas may also be eligible for the award of a mission-specific medal by the mission organisers.

Accordingly, in this instance, qualifying personnel currently deployed to Chad as part of the EUFOR Chad / CAR mission were awarded European Security Defence Policy (ESDF) EUFOR Service Medals prior to being "rehatted" to the UN MINURCAT Mission on 15 March 2009.

I am advised by the military authorities that it is not intended to further award such personnel the UN MINURCAT Mission Medal. Owing to the importance placed on the award of medals and in order to preserve the sense of value and entitlement attached to same, it is policy that only one service medal is awarded per tour of duty. Personnel deployed to Chad beyond 15 March 2009 or indeed those personnel who were ineligible for an ESDF EUFOR Service Medal, will be eligible for the award of a UN MINURCAT Mission Medal provided they meet the qualifying criteria as set down by the UN.

Communications Masts.

Finian McGrath

Question:

560 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the maximum electric field value in volts per meter allowed if a mobile phone transmitter is located in a place where people may be found. [15346/09]

The issue of potential health effects of mobile phone masts was comprehensively covered by the Expert Group Report published by Government in March 2007 entitled "Health Effects of Electromagnetic Fields", which is available for download from my Department's website (www.environ.ie/en/publications/). Mobile phone transmitters found in Ireland comply with the ICNIRP (International Commission on Non-Ionising Radiation Protection) exposure limits that have been recommended by the European Commission to its Member States and they provide science-based exposure limits that are applicable to both public and occupational exposure from RF and ELF fields. They also provide sound guidance on limiting exposure from mobile phones and masts. The following public exposure limit values apply:

1. GSM (900 MHz): 41.25 volts/metre

2. DCS (1 800 MHz): 58.33 volts/metre

3. UMTS (2 100 MHz): 61 volts/metre.

Surveys have indicated that total exposure from base stations in public areas are typically a few thousandths of the ICNIRP limit.

Waste Management.

Ruairí Quinn

Question:

561 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government if the National Development Finance Agency has entered or considered or is considering entering a financial arrangement relating to the Poolbeg incinerator project, Dublin 4; if the NDFA has advised him whether some type of State or Exchequer support, direct or indirect, is necessary or expected to become necessary if the Poolbeg project is to be successfully financed; if, in view of same, he is acting as the ultimate guarantor of payment on behalf of Dublin City Council with respect to its contract to build the Poolbeg incinerator; if he has considered or will consider acting in any circumstances for the financing or part-financing of the project if Dublin City Council was unable to fulfil its contractual obligations with respect to this incinerator; the applicable circumstances in relation to same; and if he will make a statement on the matter. [15468/09]

As previously advised, the facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Management Acts. Section 60(3) of the Waste Management Act 1996 precludes me, as Minister, from exercising any power or control in relation to the performance in particular circumstances by a local authority of a function conferred on it under the Act.

The National Development Finance Agency (NDFA) had representation on the project board established to manage the procurement process in view of the project's status as a prospective public private partnership and to certify that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. The project board concluded its task, did not have a role in regard to the contractual arrangements subsequently entered into by Dublin City Council and did not enter any financial arrangement relating to the Poolbeg project. The NDFA has not at any time advised the project board or my Department that State or Exchequer support, direct or indirect, is necessary or expected to become necessary if the project is to be successfully financed.

In line with national policy, the Exchequer does not fund new heavy waste infrastructure, landfills or waste to energy (incineration) plants. These are to be provided as purely private sector commercial initiatives or by way of public private partnerships with local authorities. Accordingly, the cost of this project will not fall to be met by the Exchequer. In consequence, my Department has not provided any guarantee to Dublin City Council in respect of this project and there is no intention to do so.

Local Authority Housing.

Seán Connick

Question:

562 Deputy Seán Connick asked the Minister for the Environment, Heritage and Local Government the reason tenants of housing associations are not allowed to purchase their homes; if he will introduce legislation to allow tenants of housing associations to purchase their homes; and if he will make a statement on the matter. [15086/09]

The provision of accommodation by approved voluntary and co-operative housing bodies is an integral part of my Department's overall response to delivering on social housing need. Local authorities and approved housing bodies are working in close co-operation to deliver an expanded range of social housing options and a wide range of accommodation types to meet the needs of low-income families and persons with special housing needs.

There is no provision at present in the voluntary housing sector for the purchase of individual houses by tenants. However, the Government's housing policy statement, Delivering Homes, Sustaining Communities, indicated that consideration would be given, in consultation with the sector, to piloting a tenant purchase scheme for some new voluntary homes based on the incremental purchase model. The Housing (Miscellaneous Provisions) Bill, currently before the Oireachtas, includes provision for the introduction of an incremental purchase scheme, and the issues arising in this regard for the voluntary housing sector are being considered in consultation with the Irish Council for Social Housing.

Departmental Schemes.

Billy Timmins

Question:

563 Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government the position regarding grants in respect of re-roofing a church ( details supplied) in County Carlow; the grants available; and if he will make a statement on the matter. [15088/09]

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

The Heritage Council, with the aid of funding by my Department, provides grant assistance for major conservation works at places of public worship which are of significant architectural merit and also for projects such as the repair of roofs to buildings of architectural significance which are at risk.

A conservation grants scheme is administered by local authorities with funding from my Department. The scheme is aimed at assisting owners and occupiers to carry out conservation works on structures of architectural significance, which are listed in the Record of Protected Structures contained in the Local Authority Development Plan.

Information in relation to these schemes is available from the Heritage Council or the relevant local authority respectively.

Fire Services.

Brendan Howlin

Question:

564 Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government the criteria used by his Department to establish full-time or day manned fire services; if he is examining the fire service provision in view of the Bray fire disaster, County Wicklow; if Wexford Borough Council meets his Department’s criteria for a full-time or day manned service; if he is satisfied that the fire service provision is fit and adequate for the purpose; and if he will make a statement on the matter. [15097/09]

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

A risk based approach to safety management is currently under development and a tender contract has been awarded for the national procurement of a risk based utility software through Dublin City Council acting as contracting authority. When this system is available it will assist fire authorities in carrying out a risk analysis in their functional areas which will, inter alia, inform the allocation of resources. This work is being developed through the CAMP (Computer Aided Mobilisation Project) structure.

Three investigations into the Bray fire tragedy are ongoing by An Garda Síochána, the Health and Safety Authority and Wicklow County Council. I will consider any necessary change arising from the outcome of these investigations in the work of supporting and developing fire services.

Local Authority Housing.

Michael Ring

Question:

565 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a lease between housing association housing schemes and its tenants (details supplied). [15115/09]

Michael Ring

Question:

566 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a matter between housing association housing schemes and tenants’ responsibilities (details supplied). [15116/09]

I propose to take Questions Nos. 565 and 566 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 the management and maintenance of dwellings provided under the terms of voluntary housing funding schemes.

Approved housing bodies are responsible for the proper management and maintenance of dwellings provided under the terms of the funding schemes and for the operation of letting policies, the fixing of rents and compliance with all relevant statutory requirements. This includes putting appropriate tenancy agreements in place between themselves and their tenants, which set out the detailed landlord/tenant arrangements for the scheme. Matters relating to the detail of these agreements, including any arrangements for tenancy reviews or the maintenance and/or replacement of fittings and equipment, are, in the first instance, the responsibility of the parties concerned and not one in which my Department has any function.

The local authority has an overall responsibility to ensure that approved housing bodies comply with the requirements in relation to letting policy, including the requirement for prior consultation and agreement on letting policies for each new project.

Local Authority Staff.

Joan Burton

Question:

567 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if county managers are entitled to bonus or performance related payments; the amount of these payments paid in 2006, 2007 and 2008 for each county; if there is a standard mechanism of calculating these payments; the mechanism used for calculating these payments; and if he will make a statement on the matter. [15135/09]

The Review Body on Higher Remuneration in the Public Sector (Part 2 of Report No.38 of September 2000 dealing with Rewarding Exceptional Performance) recommended the introduction of a performance related awards scheme for Managers, Assistant City Managers and Directors of Service of local authorities. Accordingly, a scheme was introduced in 2003, with the pool for performance awards set at 10% of the pay bill for the group concerned and with individual participants eligible to receive payments of up to 20% of pay. Details concerning awards made in 2006 and 2007 under the Performance Awards Scheme for the Local Government Sector are contained in the annual reports of the Committee which are available in the Oireachtas Library. Awards are defined in terms of their distribution as a percentage of pay, the range of monetary values, and the number of recipients.

Awards of 15% to 20% are only made in the most exceptional situations where performance has surpassed all reasonable expectations and has resulted in the achievement of a major goal of the local authority. Awards of more than 10% and up to 15% are only made where performance has substantially exceeded the targets defined. Awards of more than 5% and up to 10% are made where stretched targets have been fully met or exceeded (but not to a major degree). Awards of 0% to 5% are made where stretched targets have not been fully met.

No decision has been made regarding payment of performance awards for 2008.

Building Regulations.

Fergus O'Dowd

Question:

568 Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on the issues raised in correspondence (details supplied); and if he will make a statement on the matter. [15195/09]

Terence Flanagan

Question:

591 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government his views on a matter (details supplied); and if he will make a statement on the matter. [15684/09]

I propose to take Questions Nos. 568 and 591 together.

The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law by the European Communities (Energy Performance of Buildings) Regulations 2006-2008, introduced a requirement for a Building Energy Rating (BER) system.

The Regulations clearly and unambiguously specify that any person who offers a building for sale or letting on or from 1 January, 2009 or any agent acting on their behalf, is required to produce a copy of the BER certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence, unless the building in question is specifically exempted under Article 3 of the Regulations, and is liable, on prosecution by the Building Control Authority in whose functional area the building is situated, to a fine not exceeding €5,000.

Sustainable Energy Ireland (SEI) is designated as the issuing authority for the purposes of the Regulations and is responsible for the day to day administration of the BER system. SEI has already run an extensive advertising and promotion campaign to raise public awareness regarding the BER certification system and plans to run further national and regional media campaigns by mid-year.

The Private Residential Tenancies Board (PRTB) is an independent statutory body established under the Residential Tenancies Act 2004 and its principal functions are in the area of:

the registration of private rental tenancies;

the resolution of disputes between tenants and landlords; and

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

The PRTB has no function in ensuring private rental sector compliance with the Regulations. Notwithstanding this, the Board is aware of the Regulations and has indicated it will take reasonable steps to promote compliance with the requirement for BER certificates within the sector.

Circular Letter BC 4/2009 — Enforcing Building Regulations Part L and Building Energy Ratings — issued to all Building Control Authorities on 17 February 2009. The Circular Letter, among other things, asked all local authorities to write to estate and letting agents within their functional area drawing their attention to the mandatory requirement for BER certificates in respect of buildings offered for sale or letting on or from 1 January 2009 and indicating that full compliance was expected from building owners and agents acting on behalf of owners.

It is not currently a requirement that energy ratings be quoted on advertising and promotional materials relating to the sale or letting of a building. The European Commission is, however, advancing such proposals in its recast of the Energy Performance of Buildings Directive, and I am supportive of these proposals.

SEI's Code of Conduct for BER Assessors specifically debars a BER assessor from undertaking an assessment on a building in which his employer has an interest as a sales or letting agent.

My Department will continue to work closely with the Department of Communications, Energy and Natural Resources, SEI and the 37 local Building Control Authorities to promote awareness of the obligations which arise under the Regulations.

Water Quality.

Tom Hayes

Question:

569 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if water softening at source will be provided in Clonmel, County Tipperary due to the costs incurred at household level by hard water; his views on bringing in grant aid for the installation of domestic water softening units that are costing approximately €1,300. [15197/09]

South Tipperary County Council's Preliminary Report for the Clonmel Town and Rural Water Supply Scheme proposes the abstraction of water from the River Suir, which will allow the Council to discontinue the use of boreholes that are the source of the hard water currently supplied to the town. The Scheme is included in my Department's Water Services Investment Programme 2007-2009 at an estimated cost of €38 million. My Department awaits the completion of various planning processes and the receipt of additional information recently requested from the Council to enable the Department to complete its assessment of the Council's Preliminary Report for this Scheme.

My Department does not provide funding to grant aid the installation of water softening appliances and I have no plans to introduce any form of grant aid for this purpose.

Departmental Schemes.

Olwyn Enright

Question:

570 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the grant assistance available to a homeowner, whose property is a protected structure or has a conservation order in place in respect of same property; and if he will make a statement on the matter. [15204/09]

A Conservation Grants Scheme is administered by local authorities with funding from my Department. The scheme is aimed at assisting owners and occupiers to carry out conservation works on structures of architectural significance, which are listed in the Record of Protected Structures contained in the Local Authority Development Plan. It is a matter for each local authority to assess and prioritise applications and approve funding. Enquiries about this scheme should be made directly to the relevant local authority.

My Department also provides funding to the Heritage Council for capital grants to assist conservation works to buildings. The Council's building at risk scheme provides grant assistance to carry out essential repairs to buildings of architectural significance. Enquiries in relation to this scheme should be made directly to the Heritage Council or details are available on www.heritagecouncil.ie.

Coastal Protection.

Lucinda Creighton

Question:

571 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if the Dublin local authorities have been informed that they are to fund the work of the Dublin Bay Task Force; if not, when they will be instructed to do so; the amount each Dublin local authority will be required to allocate towards the work of the Dublin Bay Task Force; the estimates which have been agreed for 2009; the year this funding will commence; and if the required cutbacks in local authority spending include funding for the work of the Dublin Bay Task Force. [15214/09]

Lucinda Creighton

Question:

572 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the way the make up and membership of the Dublin Bay Task Force was decided; if he appointed the members of the Dublin Bay Task Force directly; the way the chair of the Dublin Bay Task Force was appointed; and the term of office for the membership of this task force. [15215/09]

Lucinda Creighton

Question:

573 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government when he will begin drawing up the necessary legislation to enable a Dublin Bay plan and integrated coastal zone management plan to be put in place for Dublin Bay; and when he will provide an opinion on the recommendation for such a management structure made to him by the Dublin Bay Task Force in December 2008. [15216/09]

I propose to take Questions Nos. 571 to 573, inclusive, together.

At my request, the Dublin Regional Authority established the Dublin Bay Task Force in May 2008, essentially to prepare a draft Master Plan for Dublin Bay and make recommendations in relation to institutional arrangements for coastal zone management in the Bay. The Task Force operates under the aegis of the Regional Authority and is chaired by the Cathaoirleach of the Authority.

A list of groups and organizations represented on the Task Force is set out below. The composition of the Task Force reflects recommendations I made to the Authority in 2008 with a view to ensuring the engagement of key stakeholders and decision-makers, though ultimately membership is a matter for the Authority. I made no direct appointments to the Task Force. There is no set term of office for Task Force members.

At the outset, it was anticipated that the work of the Task Force would, to the extent necessary, be financed by contributions from my Department's vote, the local authorities concerned and possibly the commercial port companies represented. My Department is examining the scope for part-funding the work of the Task Force having regard to current pressures on all areas of the Department's expenditure. I am not aware of the intentions of the relevant local authorities in this regard.

In current circumstances, consideration of legislation concerning integrated coastal zone management planning or other planning for Dublin Bay, and of related institutional arrangements, would be premature

DUBLIN BAY TASK FORCE

Groups and organisations represented

Dublin City Council (including elected members)

Dún Laoghaire-Rathdown County Council

Fingal County Council

Department of the Environment, Heritage and Local Government (including the National Parks & Wildlife Service)

Department of Transport

Dublin Bay Watch

Dublin Docklands Development Authority

Dublin Port Company

Dun Laoghaire Harbour Company

Coast Watch

Water and Sewerage Schemes.

Michael Ring

Question:

574 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the infrastructural projects that have been approved; and the infrastructural projects going ahead in County Mayo for 2009 from his Department. [15228/09]

I assume the Question refers to Water Services infrastructural projects. Details of all major water and sewerage schemes included for funding by my Department are set out in the Water Services Investment Programme 2007-2009 which is available in the Oireachtas Library. Additional information in relation to progress on individual contracts under this Programme, or in relation to activity generally under the small public schemes measure of the devolved Rural Water Programme, may be obtained from the relevant local authority, Mayo County Council in this case.

Motor Taxation.

Paul Kehoe

Question:

575 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the reason motor tax on a car imported from the UK is calculated using the old method as opposed to basing it on CO2 emissions; his plans to address this anomaly; and if he will make a statement on the matter. [15276/09]

Second hand car imports are liable to motor tax on the same basis as cars first registered in Ireland, as follows:

A private car first registered abroad or in the State prior to 1 January 2008 is taxed on the basis of engine size (c.c.).

A private car first registered abroad between 1 January 2008 and 30 June 2008 inclusive, and subsequently registered in Ireland, will be taxed on whichever is the lesser of the motor tax rates based on engine size (c.c.) or CO2 emissions.

A private car first registered abroad after 1 July 2008 and subsequently registered in Ireland will be taxed on CO2 emissions.

I have no plans to change this position.

Departmental Schemes.

Bernard Allen

Question:

576 Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government when a decision will be made on the application by Clúid for a housing development at Blarney Street, Cork, which was submitted to his Department some time ago for formal approval. [15283/09]

To date my Department has not received an application for funding for a project at this location. However, I understand that Cluid Housing Association have prepared a submission and are engaging with Cork City Council on the matter. If an application is submitted to my Department, it will be considered in the context of available resources and the existing high level of commitments under the Capital Funding Schemes.

Social and Affordable Housing.

Deirdre Clune

Question:

577 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the breakdown by local authority of the number of affordable housing units which are completed but remain vacant and the value of this property in tabular form; and if he will make a statement on the matter. [15288/09]

Responsibility for the operation of the affordable housing schemes is primarily a matter for individual housing authorities. I have no function in relation to the valuation of affordable housing units. Moreover, as this is determined by prevailing market value at any given time, it would not be possible to provide a definitive total value for all unsold affordable units.

Estimates obtained from a number of local authorities and the Affordable Homes Partnership during the first quarter of 2009 indicated that the number of affordable units on hands nationally was likely to be in the region of 3,700 units. Many of these are already in process of sale or will be sold in the coming months. In light of analysis by the Affordable Homes Partnership and engagement with local authorities, a circular issued to authorities recently setting out guidance on addressing the stock of affordable homes. As part of the overall process of monitoring the status of affordable housing over time, local authorities have been requested to provide data in relation to their affordable housing stock which will be input into an on-line information system to be managed by the Affordable Homes Partnership, on behalf of the Department and local authorities. This will facilitate the collection of more detailed information on affordable housing stock for the future. I will forward a breakdown of the number of unsold affordable units in each area to the Deputy when these returns are obtained.

Planning Issues.

Michael Creed

Question:

578 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 207 of 19 February 2009, if his attention has been drawn to the difficulty posed for residents in the vicinity of quarries which have been registered under provisions of section 261 of the Planning and Development Act 2000, where local authorities are not in a position to take enforcement proceedings against the quarry operators thereby obliging them to adhere to the conditions attached in their registration either by the local authority or An Bord Pleanála; his proposals to address this issue; and if he will make a statement on the matter. [15317/09]

Michael Creed

Question:

579 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if he has received a legal opinion from An Bord Pleanála regarding the legal framework governing pre-1964 quarries and the capacity of local authorities to enforce conditions attached to their licensing under section 261 of the Planning and Development Act 2000; his views on whether it is satisfactory that local authorities are powerless in respect of enforcing conditions attached to their licence; and if he will make a statement on the matter. [15318/09]

Michael Creed

Question:

580 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from an organisation (details supplied) regarding the laws that relate to the registration by planning authorities of pre-1964 quarries; and if he will make a statement on the matter. [15319/09]

I propose to take Questions Nos. 578 to 580, inclusive, together.

It is acknowledged that there are deficiencies in section 261 of the Planning and Development Act 2000, concerning the control of quarries and revised legislative provision to address these deficiencies is under consideration in the context of the proposed Planning and Development (Amendment) Bill 2009.

I am not aware of any legal opinion from An Bord Pleanála or of correspondence from the County and City Managers Association regarding the legislative framework governing pre-1964 quarries.

Social and Affordable Housing.

Terence Flanagan

Question:

581 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied); and if he will make a statement on the matter. [15323/09]

Terence Flanagan

Question:

582 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied); and if he will make a statement on the matter. [15329/09]

I propose to take Questions Nos. 581 and 582 together.

The total Exchequer provision for social and affordable housing programmes for 2009 will be published shortly in the Revised Estimates for Public Services. Individual allocations to local authorities are currently being finalised and will be notified to each authority shortly thereafter.

Departmental Staff.

Terence Flanagan

Question:

583 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the action he will take on a matter (details supplied); and if he will make a statement on the matter. [15338/09]

The functions of each of the 7 Business Units in my Department's Housing Division, and the staff numbers currently working in each, are set out in the Table.

Business Unit

Functions

Staff (FTE)

Affordable Housing and Homelessness

Policy and funding on homelessness; affordable housing policy and delivery

9.5 staff

Housing Legislation and Programme Development

Development of housing legislation and associated programmes

4.8 staff

Housing Policy and Finance and Social Inclusion

Development/co-ordination of overall housing policy; co-ordination of housing estimates and expenditure monitoring; social inclusion

12.8 staff

Private Housing Sector

Residential Tenancies Act implementation; development/implementation of private rented sector standards; housing statistics

9.4 staff

Social Housing (Construction and Procurement)

Programme responsibility for social housing supply, allocations, improvements and regeneration; Rental Accommodation Scheme and leasing; implementation of all social housing programmes in certain local authority areas

23.6 staff

Voluntary and Co-operative Housing and Traveller Accommodation

Programme responsibility for the voluntary/co-operative housing funding schemes; implementation of all social housing programmes in certain local authority areas; policy and funding in relation to the Housing Adaptation Grants for Older People and People with a Disability; certification of properties for stamp duty and certain tax incentives; policy and funding in relation to traveller accommodation matters

27.7 staff

Housing and Building Standards Inspectorate

Provision of professional and technical advice to support the achievement of quality outcomes across a range of housing and building standards functions, including inspections of private housing, setting and monitoring of standards for social housing, procurement matters and the development of the building standards code

40 staff

Water and Sewerage Schemes.

Phil Hogan

Question:

584 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when the revised Environmental Protection Agency waste water treatment manual for single houses will be published; and if he will make a statement on the matter. [15435/09]

I understand that the Environmental Protection Agency expects to publish the Manual to which the Question refers at an early date.

Local Authority Funding.

Michael Creed

Question:

585 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if he will make funding available to local authorities for disability grants in 2009; and if he will make a statement on the matter. [15443/09]

Jack Wall

Question:

604 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government when local authorities will be informed of the funding allocated to each local authority by his Department for disability and mobility grants that are allocated by each authority; if there will be, as stated in replies to previous parliamentary questions by him in 2009, an 8% increase in funding as compared to the 2008 figures; and if he will make a statement on the matter. [15919/09]

I propose to take Questions Nos. 585 and 604 together.

Allocations to individual local authorities under the Housing Adaptation Grant Schemes for Older People and People with a Disability will be announced following the publication of the Revised Estimates of Public Expenditure 2009.

Social and Affordable Housing.

Sean Fleming

Question:

586 Deputy Seán Fleming asked the Minister for the Environment, Heritage and Local Government the number of voluntary housing organisations here that have purchased sites for housing and other related matters in each of the past six years where these sites were not developed and where these sites were subsequently sold on by the organisation concerned; the level of profit generated in each of these situations; and if he will make a statement on the matter. [15582/09]

Under my Department's Capital Funding Schemes for voluntary and co-operative housing, grants of up to 100% of the approved cost of projects are available for accommodation provided by approved housing bodies. All costs necessarily incurred in respect of the purchase of land or sites, the planning & design of schemes, the construction of accommodation units and associated legal/professional fees etc. are eligible for grant assistance.

Costs incurred by an approved housing body in the purchase of land or sites cannot be recouped except as part of an approved voluntary or co-operative housing project. The information sought in relation to the purchase or sale of land or undeveloped sites by housing bodies, and which is not the subject of a voluntary housing funding application, is not available in my Department.

Local Authority Funding.

Denis Naughten

Question:

587 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 390 of 31 March 2009, the position regarding the allocation to Roscommon County Council; and if he will make a statement on the matter. [15624/09]

Following the publication, shortly, of the Revised Estimates for the Public Service 2009 by the Department of Finance, allocations for the various programmes and schemes under the 2009 built heritage capital programme will be finalised and announced.

Public Procurement Policy.

Denis Naughten

Question:

588 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will issue guidelines to local authorities to review turnover threshold conditions being placed on tenders in view of the financial pressure facing many businesses; and if he will make a statement on the matter. [15625/09]

All public bodies are subject to public procurement policy and guidelines as determined by the Minister for Finance in accordance with national and EU procurement guidelines. The relevant policy and guidance materials are published online at www.e-tenders.gov.ie.

While the public procurement rules do not contain specific turnover threshold levels, there is a general requirement when procuring major construction projects that the scale of operation and level of turnover of firms competing for a project in any particular case must be commensurate with the size of the project to be undertaken. These threshold levels should not be unduly restrictive.

It is a matter for local authorities, as the contracting authorities for the majority of the projects funded from my Department's Vote, to administer this procurement procedure in an appropriate manner having regard to the size of projects in each individual case, or in respect of defined groups of projects. The principle of proportionality must be applied at all times in procurement exercises.

Departmental Staff.

Paul Kehoe

Question:

589 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15671/09]

The information requested is being compiled, as appropriate, and will be forwarded to the Deputy as soon as possible.

Housing Statistics.

Terence Flanagan

Question:

590 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the number of houses and apartments sold in 2009; and the number of houses and apartments let in 2009. [15683/09]

My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of housing policy. Among the areas of activity covered are statistics on: the delivery of various social and affordable housing supports, housing construction activity, inspections in the private rented sector, and house prices and lending activity.

My Department also collates data, on the basis of returns from the financial institutions, on mortgage approvals but it does not collate data on the number of housing units sold. The full range of data compiled can be viewed on my Department's website, www.environ.ie.

The Private Residential Tenancies Board (PRTB) registers tenancies in accordance with the provisions of the Residential Tenancies Act 2004. While the Act requires landlords to register tenancies in respect of private rented dwellings there are certain classes of dwellings that do not fall within the provisions of the Act such as, for instance, dwellings let by local authorities, dwellings let as holiday homes and dwellings in which the landlord also resides. The number of tenancies registered each year cannot be taken as a proxy indicator of annualised lettings due to the exemptions referred to above and also due to the fact that a proportion of tenancy registrations are re-registrations of existing tenancies.

While I have no function in these matters as the operation of tenancy registration is solely the responsibility of the PRTB, an independent statutory body, I understand that in excess of 217,000 active tenancies are currently registered with the PRTB. The Board may be contacted at its offices at O'Connell Bridge House, Dublin 2 or by telephone or email. Contact details and details of tenancy registrations are available on the Board's website at www.prtb.ie.

Question No. 591 answered with Question No. 568.

Housing Grants.

Terence Flanagan

Question:

592 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government his views on correspondence (detail supplied); and if he will make a statement on the matter. [15685/09]

My Department's involvement with the new Housing Adaptation Grant Schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. These schemes, introduced in November 2007, are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. In the case of the old Disabled Persons' and Essential Repairs Grant Schemes, these are funded by 67% recoupment available from my Department together with a 33% contribution from the resources of the local authority. The detailed administration of the schemes, including the assessment and approval of individual applications, is the responsibility of the relevant local authority.

Social and Affordable Housing.

Terence Flanagan

Question:

593 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government his plans to introduce a housing product that allows a person renting to convert their rental payments into equity in the home; and if he will make a statement on the matter. [15686/09]

The Housing (Miscellaneous Provisions) Bill 2008 provides for the introduction of an Incremental Purchase Scheme for lower income households assessed as eligible for social housing support and who wish to become home owners. The scheme will also enable existing local authority tenants who wish to become home owners to transfer to and purchase homes made available under the scheme. The scheme is currently being market tested by local authorities through a number of demonstration projects. It is intended that the scheme would be released nationally in 2010 following enactment of the Bill.

In relation to the sale or rent of privately owned housing, it is a matter for individual landlords or vendors to consider whether to offer specific inducements, such as a rent to buy incentive, to prospective purchasers or renters. Accordingly, I have no plans to introduce such a scheme for the wider housing market.

Fire Stations.

Terence Flanagan

Question:

594 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if his Department has provided funding to Dublin City Council to refurbish Dublin Fire Brigade’s training centre; if so, the amount of funding allocated; when he expects construction work to commence. [15687/09]

The development and modernisation of the Dublin Fire Brigade's Training Centre at the O'Brien Institute, Marino by Dublin City Council will be carried out on a phased basis over a number of years. To date, the Department has recouped €1,031,277 to Dublin City Council in respect of Phase 1 of the project, which provided for design, architectural and engineering services, the replacement and refurbishment of windows, the installation of lifts and the provision of enhanced communication infrastructure at the Institute.

The current phase of the project, the restoration of the derelict Chapel building as a multi-purpose training facility, is now underway and is scheduled to be completed by year-end. The Department, in November 2008, approved the acceptance of a tender by Dublin City Council for €1.5 million in respect of this phase.

The provision of funding for the further development of the O'Brien Institute Training Centre will be considered having regard the scheduling of future phases, the overall availability of resources and the totality of demands for available funds under the fire services capital programme.

Building Regulations.

Terence Flanagan

Question:

595 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the reason fire safety applications prepared according to British Standard BS9999 are not being accepted by his Department; when it will come into operation; and if he will make a statement on the matter. [15688/09]

Responsibility for assessment of Fire Safety Certificate applications is vested in the 37 local Building Control Authorities. Applications for fire safety certificates are made to the authorities under the Building Control Regulations, 1997. When applications are validated and assessed, Building Control Authorities may grant, grant with conditions or refuse to grant a fire safety certificate. An applicant may appeal a decision of the authority to An Bord Pleanála.

My Department has published technical guidance documents to assist those involved in the design and construction of buildings in regard to compliance with the Building Regulations, including the fire safety requirements. Where works are carried out in accordance with this guidance, this will, prima facie, indicate compliance with the fire safety requirements of the Building Regulations.

It is also open to designers to use an alternative approach, generally using a fire safety engineering approach, to meeting fire safety requirements, provided compliance with the requirements of the Regulations can be demonstrated. In this regard, my Department recently sought comments from local authorities and the Building Regulations Advisory Body on the use of British Standard BS 9999: 2008 — Code of Practice for fire safety in the design, management and use of buildings as a further basis for showing compliance with the fire safety requirements of the Building Regulations. A number of submissions were received and are currently under consideration.

Social and Affordable Housing.

Michael McGrath

Question:

596 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if he plans to facilitate persons who purchased houses under the affordable housing scheme to re-mortgage their property. [15707/09]

Legislative provision to facilitate arrangements under which a local authority could agree to its clawback charge ranking in second place behind a new or topped-up mortgage charge, thereby facilitating persons in affordable housing wishing to re-mortgage with a private lender, is included in the Housing (Miscellaneous Provisions) Bill which is currently before the Oireachtas and is targeted for enactment by the Summer recess.

House Prices.

David Stanton

Question:

597 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the policy that he has adopted to reflect the falling values of house prices with reference to affordable housing schemes across the country and prices charged by local authorities for such houses; and if he will make a statement on the matter. [15735/09]

The price of units transferred to local authorities under Part V primarily reflects the costs negotiated, in accordance with the relevant legislation, between authorities and developers. These costs are based on the sum of the site costs, calculated at existing use value, actual construction costs as agreed between the local authority and the developer, plus reasonable profit on those costs.

Where authorities consider it appropriate, in the context of reduced open market prices and the continuing need to ensure value for money outcomes, they have the option to further reduce the sale price of any affordable house by further subsidisation utilising Part V monies, clawback or other internal capital receipts on hands. Local authorities are best positioned to make judgments in this regard based on local circumstances.

The current market value is used to calculate the level of clawback due and, where the gap between the sale price and market value has narrowed, the clawback reduces which ultimately is to the benefit of the purchaser.

Water and Sewerage Schemes.

Finian McGrath

Question:

598 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government when he will approve the borrowing by Galway County Council to fund the non-recoupable element of Tuam town water distribution and main drainage stage two civil works. [15802/09]

Finian McGrath

Question:

599 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will confirm to Galway County Council that his Department will provide the timely re-coupment of the council’s expenditure from his Department in respect of the Tuam town water distribution and main drainage stage two civil works. [15803/09]

I propose to take Questions Nos. 598 and 599 together.

My Department is finalising its examination of applications from a number of local authorities for loan approvals in respect of expenditure on water services projects, including for the Tuam Town Water Supply and Sewerage Scheme Stage 2. Local Authorities will be notified of the outcome of this examination as soon as possible.

Expenditure in respect of individual schemes under the Department's Water Services Investment Programme is recouped by my Department following examination of the local authority's payment claim to determine the amount of eligible expenditure due to the authority in accordance with the approved budget for the particular scheme.

Planning Issues.

Ciaran Lynch

Question:

600 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government his views on the rezoning of lands (details supplied) in County Galway from agricultural to residential in contravention of sustainable residential development planning guidelines without good cause; if his attention has been drawn to the fact that permission was refused previously on grounds of safety, the environment and the fact that the existing development has reached full density and capacity; and if he will make a statement on the matter. [15841/09]

I understand that the rezoning of the lands referred to in the Question has been included for consideration in the draft Clifden Local Area Plan which is currently being considered by Galway County Council. In my role as a statutory consultee on draft local area plans, my Department raised a number of concerns with the Council at draft and amendment stages of this plan in relation to the impact of certain of the rezonings proposed and whether they appropriately reflect national and regional policies and priorities and provide for the proper and sustainable planning of the area.

The making, amending or revoking of a local area plan is a matter for the relevant planning authority. The interpretation of planning guidelines in individual cases is a matter for each planning authority and, where appropriate, for An Bord Pleanála on appeal.

I should also point out that, under section 30 of the Planning and Development Act, 2000, as Minister for the Environment, Heritage and Local Government, I am precluded from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned.

Departmental Correspondence.

Emmet Stagg

Question:

601 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when a substantive response will issue in relation to correspondence (details supplied). [15870/09]

A reply to the correspondence in question will issue within the next 10 days.

Private Residential Tenancies Board.

Leo Varadkar

Question:

602 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the status of the proposal to merge the Rent Tribunal into the Private Residential Tenancies Board; the date by which this merger is to be completed; and if he will make a statement on the matter. [15876/09]

Preparatory work on the legislative amendments required to underpin the merger of the Rent Tribunal and the Private Residential Tenancies Board is underway in my Department. While it had been intended to introduce these amendments during the passage through the Oireachtas of the Housing (Miscellaneous Provisions) Bill 2008, the need to progress other priority amendments in the context of the Bill means that this will not now be possible. Nevertheless, I intend to progress the matter through the earliest possible alternative legislative opportunity arising.

Local Government Services Board.

Leo Varadkar

Question:

603 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the status in relation to the proposals in Annex D of budget 2009 to merge the Local Government Management Services Board and the Government Computer Services Board into the Local Government Services Board; the date by which it is expected to be completed; and if he will make a statement on the matter. [15885/09]

A process is in place to bring about the merger of the Local Government Management Services and Computer Services Boards as quickly as possible. This takes into account the existing functions of the two organisations and the needs of relevant stakeholders as well as the recommendations of the OECD report and The Report of the Task Force on the Public Service. Priority is being given to ensuring that the process engages with the full range of stakeholders affected, that the ongoing development and delivery of existing and new services is not adversely affected, and that the focus is on achieving greater efficiency. The arrangements for the merger, including the question of appropriate underpinning legislation, will be finalised by the second half of 2009.

Question No. 604 answered with Question No. 585.

Garda Communications.

Jim O'Keeffe

Question:

605 Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources if his attention was drawn to complaints that the new Tetra communication system being installed for An Garda Síochána is causing interference with television reception; and his proposals to deal with the situation arising. [15825/09]

The functions under the Wireless Telegraphy Acts 1926-1988 for the investigation of interference to radio based services were transferred from the Minister to the Communications Regulator (now ComReg) on its establishment in 1997.

The management of the installation of TETRA is undertaken by the Centre for Management and Organisation Development (CMOD) and as such is a matter for the Department of Finance.

Home Energy Saving Scheme.

Finian McGrath

Question:

606 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if he will support a matter (details supplied). [15943/09]

From the information supplied by the Deputy, it would appear that the contractor is proposing to pump insulation into the wall, filling the hollows of cavity blocks.

The Home Energy Saving Scheme, which is administered by Sustainable Energy Ireland (SEI) provides grant assistance for cavity wall insulation. Typically, cavity walls consist of two rows of brick or concrete block, with a cavity or space between them. Injection of insulating product from the outside is an ideal method for insulating this type of wall.

SEI advises that it does not consider this method to be suitable for houses built with cavity blocks (as opposed to cavity walls), as the injected insulating material does not reduce heat movement significantly.

SEI advises that while pumping the cavity of the block may achieve 80% ‘coverage' of the wall area, the more significant proportion of heat loss occurs through the cavity block ends and spine and not the filled in cavity. The pumped in insulation does not address this heat loss and so will only improve the insulation properties of the wall by approximately 22%.

SEI advises that the two alternative methods grant aided under the Scheme — internal wall dry-lining and external wall insulation — are more appropriate for cavity block houses. While more expensive, they provide a greatly superior insulation solution. The respective grant amounts of €2,500 and €4,000 reflect the extra capital investment required.

My Department has asked SEI to make direct contact with the individuals concerned to ensure that they have all the necessary, impartial, technical information to inform their decision.

Paul Nicholas Gogarty

Question:

607 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the relevant training and certification that is required by tradesmen to carry out works under the home energy saving scheme; if a specific training certificate qualification is required; if time served in the trade appropriate to the work carried out is sufficient; and if he will make a statement on the matter. [15156/09]

Sustainable Energy Ireland (SEI) has set out in section 7 of its "Home Energy Savings Scheme — Contractors Code of Practice and Standards and Specifications Guidelines", the competency and standards expected of contractors for each of the measures eligible for grant assistance under the Scheme.

The competency standards prescribed are there to protect householders and ensure the quality and safety of work, which is grant-aided by the Exchequer. These standards are in all instances the traditional vocational training for the activities concerned, as distinct from any specific training required for the Scheme.

For boiler and heating control installations, SEI standards specify that contractors must have a National Craft Certificate in Plumbing. For boiler installations, a level 6 qualification in a related area such as Building Services, Gas Installer Domestic (GID) training etc., may also suffice. The contractor must have completed an electrical module in order to carry out the electrical work involved in specific control measures. A contractor wishing to install an LPG or Natural Gas boiler must also be a Registered Gas Contractor and hold a Gas Contractors Domestic Certificate (GID, GI 2 or GI 3) or equivalent.

SEI also specifies various competency requirements for contractors installing the different insulation measures eligible under the Scheme. In general these requirements relate to the competency required to install the measure concerned, inclusion on any Approved Installer lists operated by manufacturers of the insulation material concerned, and compliance with the requirements of any NSAI Agrément Certificate that may apply.

The SEI Code of Practice and Guidelines document can be found on SEI's website at www.sei.ie.

Alternative Energy Projects.

Liz McManus

Question:

608 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the position for those who have invested in onshore wind farms but who are outside the gate three process; the position for a 30MW onshore wind farm that is not in the gate three process; if any future grid application system will favour a 30MW wind farm such as this over a smaller wind farm; the options available for these type of grid applications; and if he will make a statement on the matter. [15246/09]

Applications for grid connections are made to ESB Networks and/or EirGrid, in the first instance. Data on grid connections has been published by the Commission for Energy Regulation (CER) as part of its consultation process on grid connections and additional information is published from time to time by EirGrid.

The Government has set targets to increase the contribution from renewable energy sources to electricity consumed to 15% by 2010 and 40% by 2020. Steady progress is being made towards the 2010 target. The CER and EirGrid have calculated that 5800 megawatts (MWs) of renewable capacity is required to achieve the 40% target in 2020. The latest figures from EirGrid and the CER show that there are in excess of 1,300 MW of renewable electricity capacity already connected to the system with a further 1,500 MW with signed connection agreements or in the final stages of agreeing one.

The recent CER decision on the ‘Gate 3' round provides for connection offers for 3,900 MW of additional renewable electricity capacity. The size of the gate 3 round was initially set at 3,000MW of capacity by the CER but this was increased to 3,900MW of capacity in line with the Government's renewable electricity 2020 target of 40%. The Gate 3 process was extensively consulted on by the CER and all industry stakeholders were afforded the opportunity of responding to the proposed connection process.

The projects for Gate 3 were selected on a date application completed process so those projects longest in the queue were dealt with first. The projects in the Gate 3 process are currently being assessed as part of the connection process and there is no fixed date to bring in any additional projects at this time.

Missing Children’s Helpline.

Aengus Ó Snodaigh

Question:

609 Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that the common European Missing Children’s Helpline number 116 000, which is currently operational in five member states and will shortly be operational in a further two, will be formally launched on 25 May 2009, Missing Children’s Day; if he will take steps to ensure that the helpline which complements existing statutory mechanisms and can be utilised to raise an alert, support parents and guardians and missing children themselves in the context of free movement across Europe becomes operational here, if not by this date then without delay thereafter; and if he will make the necessary funding available to an organisation (details supplied) which is ideally placed to operate the service. [15357/09]

The European Commission published a Commission Decision dated the 15th February 2007 entitled "Reserving the national numbering range beginning with "116" for harmonised numbers for harmonised services of social value".

The purpose of this decision is to reserve the 116 telephone number range for use for social services in EU.

The allocation of specific numbers in the 116 number range in Ireland is managed by the Commission for Communications Regulation (ComReg).

I am advised by ComReg that Childline is planning to commence a service using the telephone number 116111 and that the number 116123 has been allocated to the Samaritans.

It is open to other organisations to apply to ComReg for the allocation of additional numbers from this numbering range. I have no funding available for organisations wishing to operate a service using 116 number range.

Electricity Network.

Frank Feighan

Question:

610 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources if, in relation to the Flagford, Carrick-on-Shannon to Srannagh, Sligo line being planned by ESB, he will review the decision and go underground with cabling at this stage in view of the changes that have occurred elsewhere. [15638/09]

The Flagford-Srananagh project is a vital transmission reinforcement, which has full planning consent from the planning authorities and which is under development and is being developed by EirGrid. This project involves the development of 220kV network and 110kV network in the northwest, from Flagford, County Roscommon to Srananagh in County Sligo. Work on this project is continuing.

I have no direct role in the operational planning and construction of the transmission system infrastructure. The Government's policy objective is to ensure that energy is consistently available with minimal risk of supply disruption to meet the needs of businesses and domestic consumers. It is EirGrid's role, as the national transmission system operator, to develop and upgrade the transmission system in order to meet ongoing and future electricity needs.

In response to public concerns my Department commissioned an independent study on overhead electricity transmission lines versus underground cables in 2008. This independent study undertaken by international consultants Ecofys, concluded that underground cables do not compare favourably to overhead lines in terms of adequacy of the electricity transmission system. The study also noted that internationally, overhead lines are the standard choice for high voltage transmission connections.

I am aware of the Danish decision in relation to undergrounding of electricity infrastructure. This decision, however, relates primarily to lower voltage networks. In the immediate term the Danish Authorities intend to retain existing high voltage networks and to construct further high voltage networks using overhead technology.

Transmission projects such as the Flagford-Srananagh project are vital in order to maintain and improve high quality supplies to all consumers in the region, in order to assist economic recovery and balanced regional development, and in order to connect increasing amounts of renewable energy to the grid.

Departmental Staff.

Paul Kehoe

Question:

611 Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15666/09]

The information requested by the Deputy is contained in the following table. The details that are shown, date from the formation of the Department in June 2007.

In the case of persistent repeated uncertified sick leave short term absence management first meet the staff member to discuss the matter. Depending on the outcome the case will be referred to the Chief Medical Officer for advice in accordance with Department of Finance sick leave regulations. To date, my Department has not had occasion to refer any staff member to the Chief Medical Officer solely for reason of persistently offending with regard to uncertified sick leave.

2007

2008

2009*

Total uncertified sick leave days taken

227 Actual days

310 Actual days

70 Actual days

No. of employees who have taken 1-10 uncertified sick leave days

126.0

134.0

54.0

No. of employees who have taken over 10 uncertified sick leave days

0.0

1.0

0.0

No. of uncertified sick leave days taken on Fridays

29.5

50.0

13.5

No. of uncertified sick leave days taken on Mondays

79.0

96.0

27.0

*These figures cover the period 1/1/09-31/3/09.

Telecommunications Services.

Pat Breen

Question:

612 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband to an area (details supplied) in County Clare; and if he will make a statement on the matter. [15827/09]

The enabling of exchanges for broadband purposes is a matter for the owners of the relevant exchanges. It is hoped that the facilitation of greater competition in the sector via the introduction of broadband from different technology platforms, will encourage more rapid enabling of all exchanges for broadband.

While an area may not be served by fixed landline broadband, otherwise known as Digital Subscriber Line (DSL) or broadband over telephone lines, broadband services are available from competing service providers over multiple platforms including cable, fixed wireless, satellite and mobile. I understand that Tullybrack, County Clare already has broadband on offer from a number of service providers as detailed in the list below.

As the general area of Tullybrack, County Clare is located in a currently served area it will not be addressed by the National Broadband Scheme (NBS). In this regard EU State Aid and competition rules govern how States can intervene in areas where there are existing service providers. Accordingly, the NBS (which was approved by the EU Commission) is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion.

Platform

Service Provider

Website

Phone

Mobile

O2 Ireland

http://www.o2.ie/broadband

1800 226 086

3 Ireland

http://www.three.ie/broadband/index.htm

1800 330 333

Wireless

Permanet Broadband

http://www.permaNET.ie

1890 818 599

Satellite

Applied Solutions

http://www.ADSLnow.ie

1890 924 854

Avonline

http://www.avonlinebroadband.co.uk

0044 800 073 1102

Broadband Wherever

http://www.broadbandwherever.net

0044 800 068 3358

Cross Country Broadband Ltd

http://www.crosscountrybroadband.com

053 925 5428

Digiweb Satellite

http://broadband.digiweb.ie

042 939 3300

e3 Broadband

http://www.e3broadband.ie

1850 303 333

Ehotspot

http://www.ehotspot.ie

0044 1262 409 109

Eircom Satellite

http://www.eircom.ie

1800 242 633

Fastnet Broadband Satellite

http://www.fastnetbroadband.com

01 2303 746

Media Satellite Ireland Ltd

http://www.mediasat.ie

1850 202 144

National Broadband Ltd

http://nbb.ie

045 982 130

Orblink

http://www.orblink.ie

01 860 1995

Pure Telecom Satellite

http://www.puretelecom.ie

01 289 5555

Satellite Broadband Ireland Ltd

http://www.satellitebroadbandireland .ie

044 937 2514

Pension Provisions.

Joe Costello

Question:

613 Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources when he proposes to approve the new RTÉ pension scheme, the 50/50 risk sharing scheme; the reason for the delay; and if he will make a statement on the matter. [15917/09]

Approval of any RTÉ pension scheme is required under Section 15 of the Broadcasting Act, 1960. A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Authority in accordance with its terms. Officials from my Department are continuing to engage with officials from the Department of Finance to progress RTÉ pension issues.

Alternative Energy Projects.

Andrew Doyle

Question:

614 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if a company (details supplied) has applied for a foreshore lease for the exploitation of wind power on the Codling Bank; the published review process and criteria that will be applied for this particular application; the way the impact of the development on the landscape will be assessed in this application; his views on the financial speculation that has taken place in the sale of wind farm companies when foreshore leases have been granted; and if he has instigated the review of the foreshore lease cost, conditions and application process to address these issues. [15800/09]

The company to which the Deputy refers made an application in March 2009 for a 200 turbine offshore windfarm on the Codling Bank. This application is currently under consideration by my Department and, in accordance with standard procedures, will shortly be sent forward to external consultees, including the National Parks and Wildlife Service, for consideration.

The assessment procedures provide for a period of public consultation of two months duration. The commencement of the public consultation will be advertised in national and regional newspapers and on my Department's web site.

Following this, the EIS and the consultation submissions will be considered by the Marine Licence Vetting Committee (MLVC). This committee includes marine scientists and engineers. It is only following the very rigorous examination outlined above that a determination is made in the public interest in respect of the application.

The determination of fees for offshore electricity generating stations is considered on a case by case basis having regard to a number of factors including Government policy on offshore energy.

The Government has decided that responsibility for foreshore licensing functions under the Foreshore Act 1933 for all energy developments (including oil, gas, wave, wind and tidal energy) on the foreshore will transfer to the Department of the Environment, Heritage and Local Government.

My Department is currently putting in place the necessary arrangements to ensure the efficient and effective transfer of the appropriate legislation and associated functions.

Grant Payments.

Paul Connaughton

Question:

615 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will receive their farm waste management grant; and if he will make a statement on the matter. [15106/09]

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

Payment of the first instalment of 40 per cent was made to the person concerned on 17 April 2009.

Paul Connaughton

Question:

616 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will receive their REP scheme four payment; and if he will make a statement on the matter. [15107/09]

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.

Bovine Disease Controls.

Pat Breen

Question:

617 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a herd number will be reactivated for a person (details supplied) in County Clare; and if he will make a statement on the matter. [15117/09]

The above herd number has been dormant herd number since June 2005 following the removal of all of the stock from the holding.

In order for this herd number to be re-activated, an application for registration as a keeper of animals under the Disease Eradication Schemes must be submitted on Form ER1 to the District Veterinary Office (this form is available from DVO). No such application regarding this herd number has been received in the DVO since the herdnumber was made dormant. Following receipt of a completed ER 1 form, the herd number can be reactivated provided that my Department is satisfied that all the relevant criteria have been complied with.

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.

Grant Payments.

Tom Hayes

Question:

618 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when a decision will be made on an appeal for the single payments scheme on behalf of a person (details supplied) in County Tipperary. [15119/09]

An application under the 2009 Single Payment Scheme was received from the person named on 7 May 2008.

Following initial validation of this application, one parcel was identified as having also been claimed by another scheme applicant. In accordance with standard procedures, both applicants were written to and requested to confirm their entitlement to claim the parcel in question.

In response, the person named indicated that he did not have the right to claim the parcel. The appropriate penalty was then applied. However, the person named was advised of their right of appeal and an appeal was subsequently received. This is currently under consideration and the person named will be notified of the outcome shortly.

Food Safety Standards.

Andrew Doyle

Question:

619 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the specific action that can be taken to ensure that DNA testing is no longer needed to determine the origin of smoked salmon for sale in view of the cost of testing; if he has requested a report on the recent failure of the court case taken by the Food Safety Authority of Ireland; and the implications for the international seafood market. [15170/09]

The Food Safety Authority of Ireland (FSAI) are the primary agency with responsibility for the enforcement of EU legislation in regard to the labelling of fisheries products.

The case referred to by the deputy was brought against a company for breach of the EU labelling regulations, it was dismissed, not for salmon labelling issues but because the judge felt that the evidence put before her did not adequately prove that the salmon was farmed as set out in European Council Regulation 1198/2006. I understand that FSAI and Sea Fisheries Protection Authority (SFPA) are reviewing the case in its totality and the implications arising and their findings are awaited.

Potential damage to Ireland by companies trying to manipulate legislation to gain some sort of competitive advantage must be prevented and any such activities will not be condoned.

In the overall context, I would favour a strengthening of the current labelling EU Regulations to ensure that there is more information available to the consumer.

Grant Payments.

Michael Creed

Question:

620 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a revised farm improvement scheme plan from a person (detail supplied) in County Cork was accepted by his Department; and if he will make a statement on the matter. [15201/09]

The person concerned is an applicant under the Farm Improvement Scheme. Payment of grant-aid will issue shortly from my Department.

Michael Ring

Question:

621 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded REP scheme four. [15229/09]

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.

Tom Sheahan

Question:

622 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive their REP scheme four payment; and if he will make a statement on the matter. [15250/09]

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.

Tom Sheahan

Question:

623 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food if his Department will process an application for the farm improvement scheme received in early October 2007 from a person (details supplied) in County Kerry; and if he will make a statement on the matter. [15251/09]

The person named is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.

Tom Sheahan

Question:

624 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive their disadvantaged area scheme payment; and if he will make a statement on the matter. [15252/09]

An application under the 2008 Single Payment/Disadvantaged Areas Scheme was received from the person named on 15 April 2009. This application has been accepted on the basis that proof of postage dated 1 May 2008 was received from the person named. The application is currently been processed and a decision regarding the payment of Disadvantaged Areas Scheme will issue to the person named shortly.

Tom Sheahan

Question:

625 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive their forestry payment; and if he will make a statement on the matter. [15253/09]

It is intended that the annual forestry premium payment will issue to this applicant before the end of April 2009.

P. J. Sheehan

Question:

626 Deputy P. J. Sheehan asked the Minister for Agriculture, Fisheries and Food if a farm installation aid application by persons (details supplied) in County Cork has been processed; and if he will make a statement on the matter. [15304/09]

In the case of the first person referred to by the Deputy, my Department has no record of having received an application under the Young Farmers' Installation Scheme from the person concerned. As far as the second person referred to by the Deputy is concerned, his application under the Young Farmers' Installation Scheme was received by my Department after its suspension for new applications on 14 October 2008.

Caoimhghín Ó Caoláin

Question:

627 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food the reason REP scheme payment was not awarded to persons (details supplied) in County Monaghan; and if he will make a statement on the matter. [15308/09]

Payments for REPS 3 are made in advance at the beginning of each contract year. The person named began his REPS 3 contract on 1 July 2006. He was paid for the first two years of the contract, covering the period from 1 July 2006 to 30 June 2008. He died on 20 June 2008 and his contract ended automatically in accordance with the terms and conditions of the Scheme. There is no outstanding payment due. It is open to those now in possession of the deceased person's lands to make a new application for REPS in their own names.

Martin Ferris

Question:

628 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive their REP scheme payment. [15315/09]

Payment issued to the person named on 9 April.

Rural Environment Protection Scheme.

Michael Ring

Question:

629 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will award a retrospective derogation for a person (details supplied) in County Mayo in order that they can enter REP scheme four. [15398/09]

This case has been reviewed and a derogation from the requirement to have a minimum of 3 hectares of owned land is being granted. The applicant will be so advised by letter in the near future.

Grant Payments.

Paul Connaughton

Question:

630 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a suckler cow payment has not been awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [15407/09]

The person named has 18 animals for consideration under the 2008 Suckler Welfare Scheme. However, as this number includes a set of twins the number of grants payable is limited to 17, as it is the dam, which qualifies for a single grant of €80.00. It is a condition of the scheme that for herds with more than 10 suckler cows, the calves must be weaned in at least two separate groups. The applicant provided a single weaning date for the 18 calves. An officer from the Suckler Welfare Section of my Department in Portlaoise has been in contact with the applicant, the matter has now been resolved and, payment will issue shortly.

Michael Ring

Question:

631 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded REP scheme four. [15428/09]

Payment issued to the person named on 17th April.

Olwyn Enright

Question:

632 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Offaly, an applicant under the farm waste management scheme, will receive the first phase of payment under this scheme; and if he will make a statement on the matter. [15439/09]

Payment of the first instalment of 40 per cent will issue in this case following approval by my Department of the payment claim concerned.

John Perry

Question:

633 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if he will ensure that the initial 40% of the farm waste management scheme grant is awarded to a person (details supplied) in County Sligo; and if he will make a statement on the matter. [15464/09]

Payment of the initial 40 per cent of grant-aid will issue shortly in relation to the application by the person concerned under the Farm Waste Management Scheme.

Michael Ring

Question:

634 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive payment for all the animals applied for under the suckler cow welfare scheme. [15465/09]

The person named has 16 animals for consideration under the 2008 Suckler Welfare Scheme. Payment totalling €400.00 has issued in respect of 5 eligible animals. There were queries on the remaining 11 animals, and 10 of these have now been resolved and payment will issue shortly. On 20 April 2009, a query letter issued to the applicant regarding the final animal, and for which the sire details are required. On receipt of this information this animal will then be processed for payment.

Olwyn Enright

Question:

635 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when payment of a farm improvement scheme grant will issue in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [15512/09]

Grant-aid under the Farm Improvement Scheme was issued by my Department to the person concerned on 16 April 2009.

Departmental Staff.

Paul Kehoe

Question:

636 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and more than ten days; the number of uncertified sick days taken on Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor’s opinion; and if he will make a statement on the matter. [15664/09]

The following table sets out the information requested by the Deputy:

2007

2008

2009 to date*

No. of uncertified Sick Days

3,426

3,095

730.3

No. of employees who have taken 1-10 uncert. Sick Days in year in question

2,469

2,156

465.0

No. of employees who have taken more than 10 uncert. Sick Days in year in question

0

1

0.0

No. of uncert. Sick days taken on a Friday

317

255

82.0

No. of uncert. Sick days taken on a Monday

703

653

167.0

No. of staff referred to CMO

0

0

1.0

*Up to 20 April 2009.

Fisheries Protection.

David Stanton

Question:

637 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food if research has been carried out into restrictions on inshore fishing of seabass; if he has plans to amend such restrictions; and if he will make a statement on the matter. [15734/09]

The current regime on sea bass management in Ireland, based on consistent scientific advice, provides for a complete ban on commercial landings of sea bass and a daily bag limit for anglers of 2 fish. This has been in place since the early 1990s. At the request of the Federation of Irish Fishermen, I am currently reviewing these measures in consultation with the Minister for Communications, Energy and Natural Resources who has responsibility for inland fisheries.

Grant Payments.

Michael Ring

Question:

638 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded REP scheme four. [15740/09]

Payment will issue to the person within the next 10 days.

Michael Ring

Question:

639 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded REP scheme four. [15741/09]

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

Michael Ring

Question:

640 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted REP scheme three; and the reason for the delay. [15777/09]

Payment will issue to the person named within the next 10 days.

Fallen Animal Collection Scheme.

Willie Penrose

Question:

641 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food the way, in view of the fact that he has ended his Department’s contributions to the fallen animals scheme as and from 15 April 2009, farmers will cope with this new situation which arises; if he has had discussion with the approved plants for the disposal of such dead animals prior to this decision being made; and if he will make a statement on the matter. [15785/09]

My Department has put arrangements in place to provide financial support for the collection of certain animals, notably bovines over 48 months of age, for sampling, as required under the ongoing national BSE surveillance programme. The law requires that other animals which die on farms must also generally be disposed of through rendering plants. Farmers may continue to use the existing collection network or, in the alternative, may transport dead animals by prior arrangement to approved plants, provided they transport the carcasses in leak-proof, covered containers or vehicles.

The burial of animals that die on-farm regardless of age is precluded unless the farmer has a burial licence issued by the local District Veterinary Office. Such licences can only be issued in respect of fallen animals in remote areas i.e. listed islands, boglands and mountains. All keepers of bovine animals are reminded of the legal requirement to notify movements of all bovines (live and dead) off their holdings to my Department.

Rural Environment Protection Scheme.

Willie Penrose

Question:

642 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food the impact to REP scheme three farmers as a result of funding from the environmental scheme being capped in the 7 April 2009 budget to €330 million for 2009; and if he will make a statement on the matter. [15786/09]

Given the level of participation in REPS 4 and the pressures on the public finances and having considered other alternatives I have decided to reverse the 17% increase in REPS 4 payments. Applications received in 2007 and 2008 will, if valid, be paid at existing rates in respect of those years. REPS applications will continue to be accepted up to the predetermined closing date of 15th May and, depending on the number of applications received, I will then review the payment level for REPS 3 participants. I will be also be carrying out a review of the scheme in the context of the overall level of participation, the funding which is likely to be available to me and the flexibility provided by the additional funding which I negotiated in the recent CAP "Health Check". In the context of 2010, I intend to look at and discuss with our stakeholders how we can use unused CAP funds and modulated monies, including the options in relation to REPS, to achieve the maximum benefit for Irish farmers and the agri-food sector.

Willie Penrose

Question:

643 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food the purpose of the proposed new monitoring regime which detects silo organic matter levels; if his attention has been drawn to the concern that farmers involved in continuous tillage would be impacted negatively by this new proposal; and if he will make a statement on the matter. [15787/09]

Under cross compliance requirements, a farmer in receipt of direct payments, including Single Payment Scheme (SPS), Disadvantaged Areas Scheme (DAS), Rural Environment Protection Scheme 4 (REPS4) and Organics must respect the various statutory management requirements set down in EU legislation (Directives and Regulations) on the environment, food safety, animal health and welfare, and plant health and must maintain their lands in good agricultural and environmental condition (GAEC).

Under GAEC, the requirement is that farmers must "maintain soil organic matter levels through appropriate practices". If a parcel has been under tillage cropping continuously farmers must ensure through soil sampling that organic matter levels are maintained through the use of appropriate farming practices. Where organic matter levels are depleted (< 3.4% organic matter) it may be necessary, depending on soil type, to adopt farming practices that will restore organic matter levels in the soil. Compliance with this requirement will be checked in the course of cross compliance inspections.

My Department will communicate with applicants who have applied on such parcels on their SPS application in areas identified as potentially having low levels of organic matter. These applicants must determine the percentage soil organic matter levels in 2009 and where found to be less than 3.4%, remedial action appropriate for the soil type must be undertaken.

The purpose of this requirement is to ensure the protection of Irish soils. Research in this area indicates that for some soils, organic matter levels below 3.4% may expose these soils to degradation through soil erosion, compaction or declining productivity. This requirement will have limited impact on farmers involved in continuous tillage as the soil organic matter levels in most Irish soils are significantly above the threshold level of 3.4% organic matter

Further information in relation to soil organic matter and the appropriate remedial actions if required is available from Cross Compliance Farm Advisory Service advisors. In addition information on this good agricultural and environmental condition will be provided on the Department of Agriculture, Fisheries and Food web site at www.agriculture.gov.ie. A listing of Cross Compliance Farm Advisory Service advisors is also available on the Department's web site.

Animal Feedstuffs.

Andrew Doyle

Question:

644 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the reason animal feed maize MON810 has been banned for sale in Germany; if he will review the sale of this product here; and if he is taking action to ensure a supply of economical alternative animal feed grain. [15799/09]

The German Agriculture Minister announced last week that Germany was placing a ban on the further growing of the GM maize MON 810 by invoking a safeguard clause in the context of a potential danger to the environment. The ban does not affect the importation into the EU of maize or maize by-products which may contain MON 810 for animal feed.

Grant Payments.

Tom Hayes

Question:

645 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food if queries on a REP scheme application submitted by persons (details supplied) in County Tipperary have been investigated; and when payment will issue. [15847/09]

My officials have been in touch with the persons named and are currently reviewing the plan submitted with their application.

Tom Hayes

Question:

646 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food if queries on a REP scheme application submitted by a person (details supplied) in County Tipperary have been investigated; and when payment will issue. [15848/09]

The person named has appealed this Department's decision to reject his REPS 4 application. The case is currently being reviewed and he will be notified of the outcome as soon as possible.

Tom Hayes

Question:

647 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food if queries on a REP scheme application submitted by a person (details supplied) in County Tipperary have been investigated; and when payment will issue. [15849/09]

My officials have been in touch with the person named and are currently reviewing the plan submitted with his application.

Paul Kehoe

Question:

648 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) did not receive their full grant allocation for the farm waste management scheme; and if he will make a statement on the matter. [15865/09]

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

Payment of the first instalment of 40 per cent was made to the person concerned on 15 April 2009. Under the terms of the Scheme, the grant 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.

Paul Kehoe

Question:

649 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will be awarded full payment for a REP scheme three application; and if he will make a statement on the matter. [15866/09]

The application for payment in this case was received in my Department on 6 April 2009 and is being processed in accordance with the timeframes agreed with the farming organizations.

Rural Environment Protection Scheme.

Michael Ring

Question:

650 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of REP scheme four plans which have had a penalty imposed by his Department for a reason (details supplied). [15881/09]

There are a small number of applications in which penalties were applied for minor technical breaches such as that described. These cases are currently being reviewed in my Department.

Michael Ring

Question:

651 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of issues logged by planners on the eREPS system. [15882/09]

The information requested is not readily available. As its provision would require staff to be diverted from urgent work in expediting REPS 4 Payments for a significant period,I believe that official time would be better employed in continuing to process payments.

Nursing Education.

Paul Nicholas Gogarty

Question:

652 Deputy Paul Gogarty asked the Minister for Education and Science if a scheme is planned or is in operation whereby students from Saudi Arabia are educated as general nurses here; if so, the length of time negotiations have been ongoing; if recent cuts in student nurse numbers will be reflected in the corresponding numbers of students from Saudi Arabia; and if he will make a statement on the matter. [15891/09]

In 2008 the Department of Health and Children announced a reduction in nursing education requirements, based on demand projections and financial considerations. As a result the number of places on the undergraduate nursing degree programmes was reduced by 310 places, from a total of 1,880 to 1,570. The reduction affected all 13 higher education institutions across the country which provide this programme.

Since early 2009 the higher education institutions led by the Institute of Technology, Tralee, in conjunction with the Higher Education Authority (HEA) have been exploring the possibility of providing undergraduate and postgraduate training for scholarship students in nursing from the Kingdom of Saudi Arabia. Discussions are ongoing and involve a range of stakeholders in the Education and Health sectors as well as contact with the relevant authorities in Saudi Arabia.

Higher Education Grants.

Michael McGrath

Question:

653 Deputy Michael McGrath asked the Minister for Education and Science if a student, who does not qualify for a grant in the first year of their third level course, may be considered for a grant for subsequent years of the course. [15095/09]

Students who are entering approved courses at undergraduate or postgraduate level for the first time are eligible for maintenance grants where they satisfy the relevant conditions of the relevant scheme including those relating to age, residence, means and nationality. The Grants Schemes contain a ‘change in circumstances' clause which provides that a candidate's eligibility may be assessed or re-assessed in the event of a change in circumstances in relation to, inter alia, reckonable income, the number of dependant children, and nationality. A candidate can apply to the assessing authority be assessed or re-assessed for grant assistance with effect from the academic term when the change occurs.

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

Michael McGrath

Question:

654 Deputy Michael McGrath asked the Minister for Education and Science his plans to reconsider the situation whereby eligibility for a grant under the higher education grant scheme for a student who is not old enough to qualify as a mature student and who has set up an independent home continues to be assessed on the basis of parental income. [15096/09]

The Student Support Bill will provide the Minister with the power to regulate for different classes of applicants. This power would enable me, if there are compelling reasons and adequate resources to do so, to consider extending the circumstances where a student could be assessed without reference to parental income. My Department is currently reviewing the circumstances where a means assessment independent of parental income would be appropriate and in the context of the development of a new unified scheme of student support, is undertaking further consultation on this and related matters with a view to establishing the particular circumstances where assessment as an independent student might be warranted.

Any extension of the provision of assessment as an independent student will have to be carefully considered to ensure it is highly targeted at very specific circumstances where students can demonstrate that they have been genuinely self-supporting and living independently for a number of years. The system presumes on a level of parental support for students going to college. If students were allowed to be assessed on their own means simply on the basis of moving out of home, significant additional numbers would be likely to qualify. The Deputy will appreciate that it would be untenable to have a situation whereby all students could simply move out of their parental home and be deemed to be independent for grants purposes. This could have very significant implications for the student grants budget and could further disadvantage those who need the grant most.

Pre-school Services.

Michael McGrath

Question:

655 Deputy Michael McGrath asked the Minister for Education and Science his views, subject to the approval of the school and the patron body, on a proposal to locate a community preschool facility at a school campus (details supplied). [15099/09]

The School Planning and Building Unit of my Department has not been made aware of any proposal to locate a community preschool in the school to which the Deputy refers. In February last, I announced the school in question to enter into architectural design for the construction of a new 16 classroom school on a site to be purchased by the school's Patron. My Department is considering the most appropriate design and construction model for the new building and will be in touch with the school authorities shortly in that regard.

Before any proposal regarding the co-location of a preschool facility could be considered, my Department would have to be assured, inter alia, that funding was available for the design and construction costs of the preschool accommodation. My Department's schools capital budget is for the provision of accommodation at primary and post-primary levels and does not cover capital costs for preschool facilities.

In addition, such a proposal may affect the choice of design and construction model for the school. Therefore any proposal, including full details of the size/specification of the facility, confirmation of the support of the Patron and the school authorities and confirmation of available funding, should be made to the Planning & Building Unit of my Department as soon as possible.

School Accommodation.

Kieran O'Donnell

Question:

656 Deputy Kieran O’Donnell asked the Minister for Education and Science the number of prefabs being rented for the use of schools in Limerick city and county; the cost of these prefabs in the past year; the projected cost for 2009; if he will provide the information in tabular form; and if he will make a statement on the matter. [15113/09]

According to my Department's records there are currently 62 prefabricated buildings being rented by schools in Limerick City and County at a cost of €673,405. A single prefabricated unit can often be made up of more than one classroom and include some ancillary accommodation. Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long- term rental of prefabricated classrooms.

Separately, my Department has commenced a review of this area and has engaged a firm of Chartered Quantity Surveyors to develop new procedures and systems for the provision of temporary accommodation with a view to achieving best value for money. This firm of specialists has commenced its work in conjunction with the Planning and Building Unit of my Department. The review will involve new contractual terms to incorporate buy-out and relocation options to cater for individual local circumstances. The review will also involve an assessment of all existing rental contracts between schools and suppliers with a view to identifying action to reduce overall rental costs for the Department. The projected rental costs for prefabs for schools in Limerick City and County cannot be projected until my Department considers and implements the recommendations of this review.

In the meantime, where the Department has given approval to a school to rent temporary accommodation, the school authorities must seek competitive quotes from suppliers. This will allow schools to take advantage of the best value available in the current market.

Site Acquisitions.

Charlie O'Connor

Question:

657 Deputy Charlie O’Connor asked the Minister for Education and Science if he will discuss with South Dublin County Council the need for a suitable site for a school (details supplied) in Dublin 24; if his attention has been drawn to the need for progress in this regard; and if he will make a statement on the matter. [15162/09]

As the Deputy is aware, the proposed project for the school to which he refers involves the acquisition of a site. The progression of the project from site acquisition and initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. In light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Disadvantaged Status.

Brendan Kenneally

Question:

658 Deputy Brendan Kenneally asked the Minister for Education and Science the position in relation to a school (details supplied) in County Donegal in receiving recognition as a DEIS school; and if he will make a statement on the matter. [15175/09]

The school to which the Deputy refers is among a number of schools that were judged by an independent identification process in 2005 not to have a sufficient level of disadvantage among their pupils to warrant their inclusion in DEIS (Delivering Equality of Opportunity in Schools), the Action Plan for Educational Inclusion. A review mechanism was put in place in 2006 to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification procedures were properly followed in the case of schools applying for a review. The review was concluded and the results were notified to schools in August 2006. The school in question did not apply for a review.

The next identification process is scheduled to be held at the end of the current DEIS programme which runs from 2005-2010. The school in question will be provided an opportunity to be included in any future programme should it meet the qualification criteria at that time. There will not be an opportunity before this for the school to be included in the current DEIS programme of supports.

Tax Code.

Chris Andrews

Question:

659 Deputy Chris Andrews asked the Minister for Education and Science his views on putting a procedure in place in which tax exiles would have to pay for their children’s primary, post-primary and third level education. [15221/09]

Access to primary and post primary education is provided for students without requiring information on their parents' tax status and I would not favour putting a procedure in place that required schools to assess the tax status of parents enrolling students in their schools. Access to free undergraduate third level education is available to students who meet certain EU residency criteria. Other students are required to pay fees. If the Deputy envisages that the fees would be collected by Government rather than educational institutions then the issue of the collection of tax revenue from tax exiles to fund services relates to broader taxation policy which is a matter for the Minister for Finance.

Special Educational Needs.

Martin Ferris

Question:

660 Deputy Martin Ferris asked the Minister for Education and Science if he will review the submission made by a school (details supplied) in Dublin 7 with regards to the discontinuation of their special needs class; if he will meet with the school to discuss their submission; and his views on whether this submission illustrates the reason these special needs classes ought to be retained. [15223/09]

I wish to assure the Deputy that there will be no pupil with a special educational need who will be without access to a special needs teacher as a result of the decision to apply the normal rules which govern the appointment and retention of teachers of special classes for pupils with a mild general learning disability. These special classes which are to close pre-date the 2005 General Allocation Model of allocating additional teacher support to schools to enable them to meet the needs of pupils with mild general learning disabilities as well as a number of other high incidence disabilities.

All primary schools now have additional teaching support in place for this purpose. All primary schools were allocated additional teaching resources under the General Allocation Model to enable them support pupils with high incidence special educational needs including mild general learning disability (MGLD). Schools can decide how best to use this allocation based on the needs of the pupils. Most pupils with a MGLD are included in ordinary classes with their peers and are supported by their class teacher. The curriculum is flexible so that teachers can cater for the needs of children of different abilities.

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

All of the other primary schools in the country who do not have classes for children with MGLD cater for these pupils from within the General Allocation Model. The school in question has made a submission to my Department on the matter and my officials will be in contact with the school as quickly as possible in this regard. I wish to reiterate that pupils with a mild general learning disability have, and will continue to have access to additional teaching resources to support their education. However, there is a requirement to make appropriate use of the resources available and along with all other areas of expenditure, provision is dependent on the resources available to the Government.

Michael D. Higgins

Question:

661 Deputy Michael D. Higgins asked the Minister for Education and Science the position regarding suppression of special classes for children with mild general learning disabilities due to temporary and unpredictable drops in enrolment levels in DEIS band one urban schools with transient student populations, in view of the benefits such a programme provides for at-risk students that might otherwise go unserved; and if he will make a statement on the matter. [15226/09]

I would like to reassure the Deputy that there will be no pupil with a special educational need who will be without access to a special needs teacher as a result of the decision to apply the normal rules which govern the appointment and retention of teachers of special classes for pupils with a mild general learning disability.

These special classes which are to close predate the 2005 General Allocation Model of allocating additional teacher support to schools to enable them to meet the needs of pupils with mild general learning disabilities as well as a number of other high incidence disabilities. All primary schools now have additional teaching support in place for this purpose.

All primary schools were allocated additional teaching resources under the General Allocation Model to enable them support pupils with high incidence special educational needs including mild general learning disability (MGLD). Schools can decide how best to use this allocation based on the needs of the pupils. Most pupils with a MGLD are included in ordinary classes with their peers and are supported by their class teacher. The curriculum is flexible so that teachers can cater for the needs of children of different abilities.

Teacher allocations to schools typically increase or decrease depending on pupil enrolment. In the case of classes for MGLD the normal pupil teacher ratio that applies is 11:1. My Department however permits schools to retain a teaching post where it has a minimum of 9 pupils in the class.

When the General Allocation Model was introduced, schools with additional teachers in classes for MGLD were allowed to retain the teachers for these classes. Effectively, these schools received a double allocation. The number of these special classes has decreased since 2005 in line with falling numbers as pupils are supported through the additional teaching allocation provided and schools have integrated the children into age-appropriate mainstream classes.

All of the other primary schools in the country who do not have classes for children with MGLD cater for these pupils from within the General Allocation Model.

Pupils with a mild general learning disability have, and will continue to have access to additional teaching resources to support their education.

Specifically in the case of schools with DEIS (Delivering Equality of Opportunity in Schools) status, the Deputy will be aware of the additional resources available to these schools under the DEIS scheme. Schools in DEIS Urban Band 1 may also benefit from a reduced pupil teacher ratio as well as a range of additional supports including:

The services of a Home School Community Liaison co-ordinator;

Access to a range of supports under the School Completion Programme;

Additional capitation based on level of disadvantage and grant aid for school books;

Access to a range of supports to address literacy and numeracy difficulties.

In line with my focus on retaining resources in the most disadvantaged areas, it is important to note that DEIS schools which benefit from reduced class sizes will not be affected by the general increase in the pupil teacher ratio.

I want to take this opportunity to emphasise that priority will continue to be given to provision for children with special educational needs. Significant progress has been achieved in recent years which has seen a huge increase in resources for special needs. However, there is a requirement to make appropriate use of the resources available and along with all other areas of expenditure, provision is dependent on the resources available to the Government.

Schools Building Projects.

Enda Kenny

Question:

662 Deputy Enda Kenny asked the Minister for Education and Science the status of the application of a school (details supplied) in County Dublin for proposed refurbishment and the construction of a new gym under the school building programme; when this project will proceed to architectural planning and construction; his views on whether an absence of sporting facilities has resulted in children at the school not having access to physical education classes; and if he will make a statement on the matter. [15245/09]

Alan Shatter

Question:

665 Deputy Alan Shatter asked the Minister for Education and Science if he will permit a school (details supplied) in County Dublin to proceed to architectural planning for the proposed refurbishment of the school building and the construction of a new gymnasium; the reason for the delay in granting such approval; and if he will make a statement on the matter. [15296/09]

Olivia Mitchell

Question:

666 Deputy Olivia Mitchell asked the Minister for Education and Science the status of the application of a school (details supplied) in County Dublin for proposed refurbishment and the construction of a new gymnasium under the school building programme; when he envisages this project will proceed to architectural planning and construction; his views on whether an absence of sporting facilities has resulted in children at the school not having access to physical education classes; and if he will make a statement on the matter. [15305/09]

Seán Barrett

Question:

670 Deputy Seán Barrett asked the Minister for Education and Science if he plans to approve the proposed refurbishment to the school building and construction of a new gymnasium in a school (details supplied) in County Dublin; if he will approve interim repairs to the gym, which is hazardous to students on health and safety grounds due to dampness of walls and floors; and if he will make a statement on the matter. [15334/09]

Eamon Gilmore

Question:

717 Deputy Eamon Gilmore asked the Minister for Education and Science the reason for his delay in proceeding to architectural planning for the proposed refurbishment of a school building and the construction of a new gym at a school (details supplied) in County Dublin; and if he will make a statement on the matter. [15724/09]

I propose to take Questions Nos. 662, 665, 666, 670 and 717 together.

The school to which the Deputies refer has applied to my Department for large scale capital funding for an extensive sports hall refurbishment and the replacement of temporary accommodation. The project has been assigned a Band 2.4 rating under the published prioritisation criteria for large scale building projects.

As the Deputies will be aware, in February, I announced details of 43 major building projects to proceed to tender and construction and 25 high priority projects to commence architectural planning. The project to which the Deputies refer was not included in this announcement. Therefore, it is unlikely that it will be progressed in 2009.

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

As the Deputies may be aware, the school has already received a total of €910,000 under the Summer Works Scheme in 2005, 2006 and 2007 for improvement works to the school.

Higher Education Grants.

Michael Creed

Question:

663 Deputy Michael Creed asked the Minister for Education and Science the reason a person (details supplied), an applicant for a higher education grant, has been denied the grant aid; and if he will make a statement on the matter. [15275/09]

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

Schools Building Projects.

Michael McGrath

Question:

664 Deputy Michael McGrath asked the Minister for Education and Science when a design team will be formally appointed for a planned new school building for a school (details supplied) in County Cork. [15281/09]

Michael McGrath

Question:

715 Deputy Michael McGrath asked the Minister for Education and Science when a design team will be formally appointed for a planned new primary school (details supplied) in County Cork. [15706/09]

I propose to take Questions Nos. 664 and 715 together.

The position is as outlined to the Deputy on 19 February 2009. When a decision has been taken on the construction model, the school will be advised of the next steps to be taken.

Questions Nos. 665 and 666 answered with Question No. 662.

School Transport.

Joe Carey

Question:

667 Deputy Joe Carey asked the Minister for Education and Science if he will retrospectively pay the school transport grant for 2008 to persons (details supplied) in County Clare; and if he will make a statement on the matter. [15326/09]

The family referred to by the Deputy in the details supplied were in receipt of a remote area transport grant up to the end of the 2006/07 school year.

These grants are paid in respect of eligible pupils where a school transport service is not available. In March 2006, the family was advised by my Department that the transport grant would cease as a service was established to cater for children from their area. In that regard, there are no outstanding grant amounts due to the family in question for the 2007/08 school year.

My Department has been advised by Bus Éireann that the family are currently availing of school transport.

Schools Building Projects.

Ruairí Quinn

Question:

668 Deputy Ruairí Quinn asked the Minister for Education and Science if he will permit the usage of funds allocated by his Department for the rental of prefabs in a school (details supplied) in County Carlow to be used to fund the building of a permanent extension to the school if the school ceases to rent the prefabs; and if he will make a statement on the matter. [15332/09]

There is no record in my Department of the school referred to by the Deputy being in receipt of funding for the rental of prefabricated accommodation. The school should contact the Planning and Building Unit of my Department regarding the provision of a permanent extension.

Property Transfers.

Ruairí Quinn

Question:

669 Deputy Ruairí Quinn asked the Minister for Education and Science if he will permit the sale of the site of a closed down school (details supplied) in County Carlow; if he will clarify the ownership of this site; if his Department would be entitled to 83% of the proceeds of this sale and the local parish entitled to the remaining 17%; his views on granting his Department’s share of the proceeds of any sale to the parish in order that it could help fund the building of an extension for another school within the parish; and if he will make a statement on the matter. [15333/09]

My Department is in receipt of a request to surrender my interest in the school referred to by the Deputy. I am advised that the School is owned by the religious and a lease was entered into in 1964 to protect the interest of the State in the property. My Department is agreeable in principle to surrendering my interest as originally sought. Accordingly, my officials instructed the Chief State Solicitor's Office to draft a Deed of Surrender to release my interest in the school property. I understand that the Chief State Solicitor's Office wrote to the solicitors representing the school authorities seeking to progress the surrender of the interest and I am advised that a reply from same is outstanding.

An agreement exists in relation to vacant Catholic national schools whereby 85% of the current market value of a school building is sought as a consideration for the surrender of ministerial interest. On this basis my Department did at the time seek a consideration of 85% of the value of the building.

Question No. 670 answered with Question No. 662.

Schools Building Projects.

Seymour Crawford

Question:

671 Deputy Seymour Crawford asked the Minister for Education and Science when the building of the new second level school in Kingscourt, County Cavan, will commence; the number of pupils the new school will facilitate; if the cost of same is included in his Department’s 2009 budget; and if he will make a statement on the matter. [15336/09]

As the Deputy is aware, I have given approval in principle for the establishment of a new post-primary school in Kingscourt.

An examination of the demographics and projected pupil numbers would indicate that a facility for between 300 and 400 pupil places would be sustainable in the medium term.

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

The Deputy will be aware that in February, I announced details of 43 major building projects to proceed to tender and construction and 25 high priority projects to commence architectural planning.

The project to which the Deputy refers was not included in this announcement. Therefore, it is unlikely that it will be progressed in 2009.

School Transport.

Jan O'Sullivan

Question:

672 Deputy Jan O’Sullivan asked the Minister for Education and Science if a bus service will be provided to bring a group of children (details supplied) to a school in County Limerick; if a 54 seater bus that passes within one mile of the children’s homes and which has more than enough empty seats to take the children will facilitate them; and if he will make a statement on the matter. [15337/09]

Under the terms of my Department's Primary School Transport Scheme, pupils who reside 3.2 kilometres or more from, and are attending, their nearest suitable national school as determined by my Department, are eligible for free school transport.

Children who are not eligible may avail of concessionary transport subject to a number of terms and conditions, including the availability of spare seats on an existing service and provided there is no extra State cost involved by way of altering or extending the route of the service or by providing an additional or larger bus.

The parents of the pupils living in the area referred to by the Deputy should liaise with their local Bus Éireann office to determine their children's eligibility for school transport or if they may avail of concessionary transport.

Schools Recognition.

Ruairí Quinn

Question:

673 Deputy Ruairí Quinn asked the Minister for Education and Science if he will register Educate Together as a patron of second level schools; and if he will make a statement on the matter. [15343/09]

Given the current trend of an increasing student population and the need to ensure maximum benefit from the financial resources available to me, I have asked my Department to examine the broad issues relating to school recognition at second level. The application from Educate Together to be recognised as a patron body at second level will be looked at in that context.

The examination of the recognition process for Patrons at second level will be finalised before the start of the next school year and my Department will be in contact with Educate Together when it has been completed.

Departmental Expenditure.

Ruairí Quinn

Question:

674 Deputy Ruairí Quinn asked the Minister for Education and Science, further to Parliamentary Question No. 251 of 12 March 2009, if he will forward the required information, in view of the fact that it is one month since this parliamentary question was submitted; and if he will make a statement on the matter. [15344/09]

As the Deputy may be aware, Government investment in Early Years education is taking place through the Office of the Minister for Children and Youth affairs. The recent budget announcement concerning the provision of pre-school places for children in the year prior to their enrolment in primary schools reinforces this commitment.

Within my Department, the main interventions to date have been in the areas of disadvantage and in the area of special needs. The Early Start programme is the main intervention programme for children in disadvantaged areas. There are also segregated pre-schools for Traveller children which are grant aided by my Department.

The enrolments and costs (excluding salary costs) in providing the Early Start programme are shown below. The teachers who teach in Early Start units are assigned by the individual school and my Department does not collect individual data on the teachers employed in the Early Start programme. Specific salary costs cannot therefore be provided. The estimated cost of the programme including salary costs is €6.2 m in 2009.

The funding provided by my Department for segregated Traveller pre-schools in the years in question is shown below.

In the area of special needs my Department provides funding for the following interventions:

36 early intervention classes for children with autism;

13 centres participating in a pilot scheme which enrol children with autism of pre-school age;

Home tuition hours for 225 children of preschool age 2.5 — 4 years.

Exact enrolment figures are not available for the years in question. At the moment, my Department does not account separately for the pre-school sector in the area of special needs and a cost breakdown is not available.

Early Start Programmes

Year

Enrolments

Cost

2006

1,598

391,320.31

2007

1,583

435,502.05

2008

1,572

390,867.12

Traveller Pre-schools

Year

Enrolments

Salary

Transport

Equipment grants

2006

238

437,865.70

1,731,755.41

28,871

2007

372

419,994.53

1,720,224.20

34,600

2008

314

434,319.90

1,623,845.20

29,563

School Accommodation.

Brendan Howlin

Question:

675 Deputy Brendan Howlin asked the Minister for Education and Science if he has received an application for approval of funding to facilitate a lease by a school (details supplied) in County Wexford; if his attention has been drawn to the fact that this school is using temporary accommodation which is inadequate for its current enrolment of 24 pupils, that a further 30 pupils will be enrolled in September 2009 and there are applications in respect of 31 in 2010 and 40 in 2011; if he will give favourable consideration to this funding application; and if he will make a statement on the matter. [15403/09]

Seán Connick

Question:

677 Deputy Seán Connick asked the Minister for Education and Science if his attention has been drawn to the fact that a school (details supplied) in County Wexford will not have accommodation available for its use from 20 April 2009; if he will give permission to the school to sign a lease on premises which have become available for its use for the remainder of the 2008/2009 school year and the 2009/2010 school year; and if he will make a statement on the matter. [15461/09]

Eamon Gilmore

Question:

734 Deputy Eamon Gilmore asked the Minister for Education and Science the arrangements he has made to provide for school accommodation for a school (details supplied) in County Wexford which is due to lose its rented accommodation on 20 April 2009; and if he will make a statement on the matter. [15874/09]

Brendan Howlin

Question:

738 Deputy Brendan Howlin asked the Minister for Education and Science if his attention has been drawn to the fact that a school (details supplied) in County Wexford has been without premises since 20 April 2009; if he has received notification of this problem from the school; the steps he is taking to ensure that the alternative premises identified by the school is sanctioned in order that the education of its pupils can continue without interruption; and if he will make a statement on the matter. [15926/09]

I propose to take Questions Nos. 675, 677, 734 and 738 together.

The school to which the Deputies refer commenced operation with provisional recognition from my Department in September 2007. It has a current enrolment of 21 pupils.

When granting provisional recognition, the school was informed by my Department that the provision of accommodation was the responsibility of the school Patron. My Department grant aids the rental of such accommodation.

My Department approved a rental arrangement for the school, which facilitated it to secure its current accommodation until the end of the 2009/2010 school year. It was of the understanding that a lease had been executed to achieve this until it was recently informed by the school authority that it would be necessary for it to vacate the premises after Easter.

My Department made enquiries locally and sourced alternative accommodation to meet the school's needs. However, I am pleased to inform the Deputies that the school resolved the issues with its landlord and the accommodation it occupied continues to be available to it.

The school has submitted proposals for alternative accommodation for the 2009/2010 school year, which will substantially increase the level of funding already approved for its accommodation. This matter is under consideration in the context of the level of the school's accommodation needs and competing demands on the resources of my Department.

Post-Leaving Certificate Courses.

Seán Connick

Question:

676 Deputy Seán Connick asked the Minister for Education and Science if he will reverse a decision not to give sanction to a school (details supplied) in County Wexford to operate a post leaving certificate course during the 2009-2010 academic year; and if he will make a statement on the matter. [15460/09]

An appeal against a decision to refuse sanction to operate PLC courses was received from the school referred to by the Deputy. Following consideration of the appeal, the application was approved on 15 April 2009 and 24 PLC places were sanctioned.

Question No. 677 answered with Question No. 675.

School Staffing.

Dan Neville

Question:

678 Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on the case of a school (details supplied) in County Limerick. [15463/09]

The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes.

In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. The annual process of seeking this enrolment data from schools took place in the autumn and the data has since been received and processed in my Department enabling the commencement of the processes by which teaching resources are allocated to schools for the school year that begins next September.

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

The above allocations are provisional at this stage and reflect the initial allocation position. The final position for any one school will depend on a number of other factors such as additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes. The operation of redeployment arrangements also impacts on the final position as a teacher can remain in his or her existing school where a suitable redeployment position does not exist. The final staffing position for all schools will therefore not be known until the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and appeals to the Staffing Appeals Board will have been considered.

Details of the criteria and application dates for appeal are contained in the staffing schedule, Circular 0002/2009, available on my Department's website. The application form for appeal is also available on my Department's website. The Appeal Board operates independently of the Department and its decision is final.

Schools Building Projects.

Ciarán Cuffe

Question:

679 Deputy Ciarán Cuffe asked the Minister for Education and Science the status of the public procurement and tendering position in relation to the vocational education committee proposal for Blackrock Town Hall and the related civic buildings in County Dublin; and if he will make a statement on the matter. [15466/09]

I announced in February last that the building project for the school in question was to proceed to tender and, subject to the necessary technical and financial sanction, to commence construction.

The revised tender documents for this project were recently received and are currently being examined by officials from my Department. My Department will be in contact with the VEC shortly in this regard.

Student Medical Services.

Emmet Stagg

Question:

680 Deputy Emmet Stagg asked the Minister for Education and Science if third level students who are suffering from depression will be included in the mainstream services required rather than depending on the student medical services that are unable to deal with such areas. [15581/09]

The student medical services available to third level students provide access to GP services. Referral to specialist mental health services would be a matter for the GP and the student concerned.

Schools Building Projects.

Aengus Ó Snodaigh

Question:

681 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the cost to the Exchequer and public funds over the next 25 years, for the contract to build, operate and bring into public ownership the two new secondary schools on the Borris Road, Portlaoise, County Laois. [15595/09]

The contract to design, build, finance, maintain the first bundle of 4 post primary schools was signed by the National Development Finance Agency on 6th March 2009. This bundle includes the provision of new accommodation for Scoil Chríost Rí, Portlaoise and St Mary's CBS on a shared campus in Borris Road Portlaoise as well as Coláiste na Sionna, Banagher and Gallen Community School, Ferbane, Co. Offaly. Construction has commenced on all sites and it is expected that the schools will become operational in September, 2010.

This bundle is part of an on going programme of Public Private Partnership projects and as the financial details associated with this contract are viewed as commercially sensitive I am not in a position to release this information to the Deputy.

Aengus Ó Snodaigh

Question:

682 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the public private partnerships which his Department have entered into to build schools, primary or secondary, in the past five years; the location and the cost involved in each; and the duration of the contract. [15596/09]

My Department has entered into three separate contracts to design, build, finance, maintain and operate educational accommodation under the Public Private Partnership (PPP) model in the last five years. Two third level projects, the National Maritime College Cork completed in 2003 and the Cork School of Music completed in 2007 are now operational. In addition the contract for the first bundle of post primary schools which includes Coláiste na Sionna, Banagher and Gallen Community School, Ferbane, both Co Offaly and Scoil Chríost Rí, Portlaoise and St Mary's CBS, Portlaoise, Co. Laois, was signed by the National Development Finance Agency in March 2009.

This bundle is part of an on going programme of Public Private Partnership projects and as the financial details associated with this contract are viewed as commercially sensitive I am not in a position to release this information to the Deputy. Each of these contracts are for 25 years from the date the facilities became operational. The site and buildings remain in State ownership at all times with the PPP Company being granted a licence to build the facilities and maintain and operate them for the 25 years contract period.

The level of Unitary Payment for the two third level projects in 2008 were National Maritime College €8.8m and the Cork School of Music €8.2m.

Site Acquisitions.

Aengus Ó Snodaigh

Question:

683 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science when a permanent school building will be authorised to replace a prefabricated school (details supplied) in Dublin 7. [15597/09]

My Department recently wrote to Dublin City Council advising them of the design option favoured by the GAA club following a meeting with my Department and requested the Local Authority to consider a technical assessment of the site incorporating the views of the GAA. A response is awaited. The further progression of the acquisition of this site and the accompanying building project will be considered in the context of the capital budget available to my Department.

School Accommodation.

Brian Hayes

Question:

684 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Cork since the unit was established at the school in question; and if he will make a statement on the matter. [15604/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €141,891 for prefabricated buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

685 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Cork since the unit was established at the school in question; and if he will make a statement on the matter. [15605/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €114,774 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

686 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Dublin since the unit was established at the school in question; and if he will make a statement on the matter. [15606/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €268,942 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

687 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) since the unit was established at the school in question; and if he will make a statement on the matter. [15607/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €143,696 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

688 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Galway since the unit was established at the school in question; and if he will make a statement on the matter. [15608/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €134,733 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

689 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Galway since the unit was established at the school in question; and if he will make a statement on the matter. [15609/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €112,480 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

690 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Galway since the unit was established at the school in question; and if he will make a statement on the matter. [15610/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €112,480 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

691 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Kildare since the unit was established at the school in question; and if he will make a statement on the matter. [15611/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €168,720 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

692 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Kilkenny since the unit was established at the school in question; and if he will make a statement on the matter. [15612/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €172,290 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

693 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Kilkenny since the unit was established at the school in question; and if he will make a statement on the matter. [15613/09]

I announced in January last that the building project for the school in question was to proceed to re-tender and, subject to the necessary technical and financial sanction, to commence construction. Progress on the permanent accommodation project is being made by the school's Design Team, with advice and assistance from my Department. The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €172,035 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

694 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Limerick since the unit was established at the school in question; and if he will make a statement on the matter. [15614/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €121,546 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

695 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Longford since the unit was established at the school in question; and if he will make a statement on the matter. [15615/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €561,120 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

696 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Longford since the unit was established at the school in question; and if he will make a statement on the matter. [15616/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €165,264 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

697 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Mayo since the unit was established at the school in question in question; and if he will make a statement on the matter. [15617/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €160,689 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

698 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Meath since the unit was established at the school in question; and if he will make a statement on the matter. [15618/09]

I announced in September 2008 that the building project for the school in question was to proceed to tender and, subject to the necessary technical and financial sanction, to commence construction. Progress on the permanent accommodation project is being made by the school's Design Team, with advice and assistance from my Department. The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €1.05m on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

699 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Meath since the unit was established at the school in question; and if he will make a statement on the matter. [15619/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €114,973 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

700 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefabricated unit at a school (details supplied) in County Tipperary since the unit was established at the school in question; and if he will make a statement on the matter. [15620/09]

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €182,158 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

701 Deputy Brian Hayes asked the Minister for Education and Science the amount his Department has spent on renting one prefab unit at a school (details supplied) in County Dublin since the unit was established at the school in question; and if he will make a statement on the matter. [15621/09]

I announced in February last that the building project for the school in question was to proceed to tender and, subject to the necessary technical and financial sanction, to commence construction. Progress on the permanent accommodation project is being made by the design team, with advice and assistance from my Department.

The information available to my Department based on returns, as provided by the schools, from a survey of 900 schools in 2007 and subsequently updated in my Department indicates that this particular school has been grant aided a cumulative amount of €121,586 on prefab buildings.

Following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This will reduce the incidence of long-term rental of prefabricated classrooms.

Brian Hayes

Question:

702 Deputy Brian Hayes asked the Minister for Education and Science if, following his decision to encourage schools where prefabs have been in place for over three years to purchase the prefabs as against continuing to rent them, he will set out the number of schools which have been given permission to do this since his announcement was first made; and if he will make a statement on the matter. [15622/09]

As I have explained to the Deputy in previous replies to Dáil Questions, following an analysis of costs by my Department, it is now the policy to purchase rather than rent temporary accommodation where the need is likely to last for more than three years. This applies to new applications for temporary accommodation. This will reduce the incidence of long- term rental of prefabricated classrooms.

With regard to rented temporary accommodation already in place in schools, my Department has commenced a review of this area and has engaged a firm of chartered quantity surveyors to develop new procedures and systems for the provision of temporary accommodation with a view to achieving best value for money. Work on this has commenced, in close co-operation with the planning and building unit of my Department.

The review will involve new contractual terms to incorporate buy-out and relocation options to cater for individual local circumstances. The review will also involve an assessment of all existing rental contracts between schools and suppliers with a view to identifying action to reduce overall rental costs for the Department. The Deputy will appreciate that there is a substantial amount of work involved in this approach. However, I have asked my Department to give this work priority and it is envisaged that it will be completed before the end of this year. As soon as the report is available the issue of the buy-out of existing rented accommodation in place for three years or more will be addressed.

In the meantime, where the Department has given approval to a school to rent temporary accommodation, the school authorities must seek competitive quotes from suppliers. This will allow schools to take advantage of the best value available in the current market.

School Curriculum.

Denis Naughten

Question:

703 Deputy Denis Naughten asked the Minister for Education and Science if he will establish a time scale for the introduction of physical education as an examination subject; and if he will make a statement on the matter. [15626/09]

In accordance with the Rules and Programme for Secondary Schools, all second-level schools should provide Physical Education as part of the curriculum. The programme that each school plans and delivers should be based on my Department's approved syllabuses and the teaching hours should be registered in the school timetable. The syllabuses have been developed on the basis of a time allocation of two hours per week.

A revised syllabus in physical education as a non examinable subject at junior cycle was introduced in post-primary schools in September 2003 and implemented on a phased basis over the period to 2005. No implementation dates have been set as yet for further reforms in this area.

This Government has worked hard to improve the opportunities for young people to get physical exercise both in school and in their local communities. In a new school building or refurbishment/extension, PE facilities are included as part of the design, and new PE equipment such as balancing benches and gym mats are funded as part of any major building programme.

A special PE funding package of €3 million issued to post-primary schools in 2007, providing a grant of €4,000 per school towards the cost of replacing and upgrading PE equipment. This grant was issued, as a once-off measure, to enable schools to replace older equipment such as goalposts, PE mats, benches etc.

So, through an increased focus on exercise in school and in the community, we are working to encourage more children and young people to get active. Indeed, the second ‘State of the Nation's Children' report launched recently by the Minister for Children and Youth Affairs found that children in Ireland are doing well on physical activity, ranking first across the 41 participating countries in being physically active for at least four hours per week.

Schools Refurbishment.

Denis Naughten

Question:

704 Deputy Denis Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 1703 of 24 September 2008, the position in relation to same; and if he will make a statement on the matter. [15628/09]

The school in question submitted an application to my Department for emergency funding in 2008.

Emergency works grants are made available to schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year.

Following assessment of the application from this school and in light of the high demand on the budget for emergency works in my Department, unfortunately, it was not possible to provide funding in 2008 for the works sought. However, the application is being examined again in the context of the funding available in 2009 and the school authorities will be advised of the outcome as quickly as possible.

School Curriculum.

Denis Naughten

Question:

705 Deputy Denis Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 218 of 25 February 2009, the impact of this timetable in view of spending cuts within his Department; and if he will make a statement on the matter. [15630/09]

It is intended that Project Maths will be an important priority in relation to the overall call on resources in the education sector. Teachers will be fully supported to implement the reforms in Mathematics in second level schools.

The Project Maths initiative is designed to encourage better understanding of Maths, to reinforce the practical relevance of maths to everyday life, and to ensure better continuity between primary and second level, and junior and senior cycle. The initiative started in 2008 and is being piloted in 24 schools. The curriculum changes will be phased in over three years and mainstreaming will begin in 2010/11 in all schools, prefaced by a national programme of professional development for teachers beginning in 2009/10 which will continue to at least 2013. Phase 3 will have begun in all schools in 2012, and will be fully implemented in all class groups by 2015.

Project Maths will be supported by intensive investment in professional development for teachers. A Maths Support Team has been appointed and is currently supporting the project schools, as well as preparing for mainstream in-service development which will start in September 2009, followed by mainstream implementation starting in Sept 2010. The provision of the Support Team on the scale necessary for mainstream implementation has been prioritised within the overall number of posts available in the education sector. Some €3m has been provided for the programme in 2009 alone, and investment in professional development for teachers will continue in a rolling programme of reform.

Denis Naughten

Question:

706 Deputy Denis Naughten asked the Minister for Education and Science if he will facilitate the inclusion of dance as part of the junior and leaving certificate syllabi; and if he will make a statement on the matter. [15631/09]

Dance is included in the strands in the Physical Education curriculum in primary and post primary schools. In addition, students may choose Dance as one of the courses available within the Arts component of the Leaving Certificate Applied programme (LCA). The LCA is taken by some 7% of the student cohort and a maximum of 4 credits from a total of 200 credits in the assessment of the LCA is available for the Dance component. The LCA does not provide for direct entry into higher education, but students may progress to Post Leaving Certificate courses and from there to higher education.

My Department is faced with an extensive range of competing needs for investment in education, ranging from addressing educational disadvantage, inclusion of pupils with special needs and newcomer students, meeting the demands of a growing population, strengthening the mathematical, science, and technology aspects of provision, enhancing the professional development of teachers, investing in research and development and promoting second chance learning. Within that context, investment in mainstreaming of dance education as a subject for points for the purpose of third level entry is not a priority at the current time.

School Transport.

Denis Naughten

Question:

707 Deputy Denis Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 581 of 30 September 2008, the position in relation to same; the provision to be made for September 2009; and if he will make a statement on the matter. [15634/09]

The Deputy will be aware that post primary school transport services are reviewed each year to take account of new pupils offering for transport and other pupils who, having completed their education cycle, no longer require transport.

The Transport Liaison Officer for the county in question in conjunction with Bus Éireann will review the situation having regard to the number of new applications, if any, received from parents in the area for the next school year.

Special Educational Needs.

Jan O'Sullivan

Question:

708 Deputy Jan O’Sullivan asked the Minister for Education and Science if he will authorise the establishment of an applied ASD unit in a national school (details supplied) in County Limerick to meet the needs of children with autism in the area; and if he will make a statement on the matter. [15640/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

Bernard J. Durkan

Question:

709 Deputy Bernard J. Durkan asked the Minister for Education and Science if suitable second level placement in main stream education will be found to facilitate a person (details supplied) in County Kildare; the way this child’s needs will be met in view of the extensive enquiries already made by their parents to date without success; if it is possible to meet their requirements within reach of their home in any of the adjoining second level schools; and if he will make a statement on the matter. [15649/09]

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child and I am advised that there is ongoing contact between the family and the NEWB in this regard.

The Deputy will appreciate that as there is a judicial review pending in relation to an appeal decision associated with the enrolment of the child in question, it is inappropriate for me to comment on the case. In the meantime the child is being supported through the Home Tuition scheme.

Departmental Staff.

Paul Kehoe

Question:

710 Deputy Paul Kehoe asked the Minister for Education and Science the number of uncertified sick days taken within all sections of his Department for the years 2007 and 2008 and to date in 2009; the number of employees who have taken uncertified sick days in the categories one to ten days and over ten days; the number of uncertified sick days taken Fridays and Mondays; the number of persistent offenders with regard to uncertified sick days who have been sent for an independent doctor's opinion; and if he will make a statement on the matter. [15669/09]

Details of uncertified sick leave for 2007, 2008 and 2009 as requested by the Deputy are contained in the tabular statement.

The Department of Finance circular 25/78 governs the conditions that apply to sick leave for officials within the Civil Service. Under the conditions an official can at most take 7 uncertified sick days with pay within a 12 month period. However, my Department has a policy that in the event an official incurs 5 days uncertified, that a letter issues to the person concerned and reminds them of the conditions governing sick leave and the implications it can have in relation to the award of salary increments and promotion. As such, it is not possible for an official to take 10 or more uncertified sick days as mentioned in the Deputy's question and in the event it were to arise salary would be deducted from the official concerned for the days in excess of the 7 days.

Where an official has a pattern of availing of 7 uncertified sick days regularly over a 4 year period, the Personnel Officer at the Department can modify or withdraw the concession of uncertified sick leave to the official concerned. No cases were referred by my Department to an independent doctor or the Chief Medical Officer for the Civil Service in 2007, 2008 and 2009 in respect of uncertified sick leave. However, I would like to point out that the C.M.O. has advised that where a Department is concerned about a member of staff taking uncertified sick repeatedly, it should first be addressed through internal management procedures.

In relation to the Deputy's request for details of staff taking sick leave on a Monday or Friday the system that records officials' sick leave details cannot readily identify this data and it would take an inordinate amount of official time to compile the information.

Details of uncertified sick leave of officials at the Department of Education & Science 2007, 2008 & 2009.

Year

Uncertified Sick leave days

No. of Staff on uncertified sick leave

Average No. of Days

2007

1,565.53

692

2.26

2008

1,519.04

680

2.23

2009*

389.46

279

1.39

Figures for 2009 are up to the 31st March 2009.

Pension Provisions.

Thomas Byrne

Question:

711 Deputy Thomas Byrne asked the Minister for Education and Science the teaching pension entitlements of a person (details supplied) in County Meath. [15679/09]

The person in question gave casual and intermittent service which was non-pensionable up until recently. However arising from recently introduced improvements in superannuation, the details of which are being finalized at present, it will be possible for the person to reckon the service for superannuation purposes subject to payment of certain contributions. As an interim measure, and pending the finalization of the detailed arrangements, my Department is processing the person's retirement benefits and expects to issue benefits shortly to her. When all the details of the improvements are finalized the person's benefits will, if necessary, be revised.

Departmental Charges.

Terence Flanagan

Question:

712 Deputy Terence Flanagan asked the Minister for Education and Science the price increases imposed by his Department and its agencies for public services, products or taxes since 1 January 2005 to date in 2009; and if he will make a statement on the matter. [15682/09]

The information requested is not readily available in my Department and is currently being compiled. I will arrange to forward the information to the Deputy as soon as possible.

Schools Building Projects.

Michael McGrath

Question:

713 Deputy Michael McGrath asked the Minister for Education and Science the position in relation to an application for an extension to a primary school (details supplied) in County Cork. [15704/09]

I can confirm to the Deputy that my Department is in receipt of an application for large scale capital funding from the school to which he refers. It has been assessed in accordance with the published prioritisation criteria of my Department and assigned a Band rating of 2.2.

The progression of all large scale building projects, including the project in question, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Site Acquisitions.

Michael McGrath

Question:

714 Deputy Michael McGrath asked the Minister for Education and Science the position in relation to the acquisition of a site for a proposed new primary school (details supplied) in County Cork. [15705/09]

In view of the current budgetary constraints I am not in a position to provide the Deputy with a definite date for the acquisition of a site for this school. The further consideration of the proposed site acquisition and any subsequent building project for the school will be considered in the context of my Department's multi-annual school building and modernisation programme.

Question No. 715 answered with Question No. 664.

School Transport.

Frank Feighan

Question:

716 Deputy Frank Feighan asked the Minister for Education and Science if he will examine the school transport arrangements (details supplied) in County Leitrim which entail two hours extra per day for young children who are required to walk one mile on a busy road in opposite directions of the school to the collection point at Gorvagh Community Centre and revert to previous practices in which children can be collected as the bus returns this same road on the way to school. [15723/09]

The School Transport Section, of my Department, has requested the Transport Liaison Officer (TLO) for County Leitrim to consult with Bus Éireann regarding the background to the case referred to by the Deputy in the details supplied. My Department has also asked the TLO to communicate directly with the Deputy.

Question No. 717 answered with Question No. 662.

Schools Building Projects.

Charlie O'Connor

Question:

718 Deputy Charlie O’Connor asked the Minister for Education and Science the progress on matters previously raised by this Deputy in respect of problems relating to the building programme at a school (details supplied) in Dublin 24; if his attention has been drawn to the concern of the school community that these matters be progressed; and if he will make a statement on the matter. [15746/09]

As I have indicated to the Deputy on previous occasions, my Department became aware of some difficulties with the project on this school when it was nearing completion. Since then, officials from my Department have been in ongoing contact with the parties with the express aim of having the project completed satisfactorily in accordance with the contract and at best value to the taxpayer. In this regard, in recent weeks, I have written to the school authority in question regarding the building project at the school. In addition, officials from my Department have written to the school authority and have also visited the school in question.

My Department will continue to work with the school authority and the other parties involved with a view to ensuring a satisfactory outcome to the current situation and the completion of the project.

Post-Leaving Certificate Courses.

Ruairí Quinn

Question:

719 Deputy Ruairí Quinn asked the Minister for Education and Science the number of colleges operating here that run post-leaving certificate courses; the number of these colleges which will benefit from the 1,500 further places announced in the supplementary budget on 7 April 2009; the average number of additional places being allocated under his plans; and if he will make a statement on the matter. [15807/09]

Ruairí Quinn

Question:

723 Deputy Ruairí Quinn asked the Minister for Education and Science if he will explain what the 1,500 places in post-leaving certificate courses announced in the supplementary budget on 7 April 2009 entail; the persons who are open to apply for them; the typical duration of same; the amount these places will cost to run; the institutions which will offer these courses; the efforts being made by his Department to ensure that these 1,500 places are being targeted towards people who are unemployed; the way the admission process to these places will operate; and if he will make a statement on the matter. [15811/09]

I propose to take Questions Nos. 719 and 723 together.

The 2009 provision for the 1,500 additional PLC places is €4 million. The estimated full year cost in 2010 is €12 million. Currently, there are 30,188 PLC places available in some 195 approved schools and centres nationwide. PLC courses are provided predominantly in the VEC sector, but some community and comprehensive schools and secondary schools also provide courses. PLC courses are full-time and generally of one year's duration. PLC courses cater for school leavers and adults who want to return to education, including those who are unemployed and those at risk of becoming unemployed. They are designed to provide successful participants with specific vocational skills to enhance their prospects of securing lasting, full-time employment, or progression to other studies. A priority for this Government is to support those who have lost their jobs through retraining and further education and I know in this context that individual VECs will be conscious of the need to adjust provision to meet these priorities.

My Department allocates PLC places to VECs and other providers on an annual basis following an application process. Each application is examined by my Department on its merits, taking into account current and previous allocations, current and previous demand and uptake and the overall number of places available. Regard is also had in this context to ensuring appropriate provision on a geographic basis and the necessary critical mass for delivery of a quality education service. In addition, providers must demonstrate a labour market justification for the courses being proposed.

The application process for the 2009/2010 academic year concluded recently. No decision has been made yet with regard to the allocation of the additional 1,500 places but any allocations would be considered in light of the factors set out above. To enrol on a PLC course, people should contact their local VEC or PLC provider.

Ruairí Quinn

Question:

720 Deputy Ruairí Quinn asked the Minister for Education and Science the number of the 3,500 third level places announced in the supplementary budget on 7 April 2009 which are full time places; the number which are part-time places; the amount these 3,500 places will cost to run; if the additional places have been allocated to specific courses in third level institutions; if the admission to same will be through the standard CAO process following the publication of the leaving certificate results in August; if not, the way admission will be administered to them; the efforts being made by his Department to ensure that these 3,500 places are being targeted towards people who are unemployed; and if he will make a statement on the matter. [15808/09]

Ruairí Quinn

Question:

721 Deputy Ruairí Quinn asked the Minister for Education and Science if he will explain what the 280 accelerated certificate programme places announced in the recent supplementary budget on 7 April 2009 entail; the persons who are open to apply for them; the typical duration of same; the amount these places will cost to run; the institutions which will offer these courses; the efforts being made by his Department to ensure that these 280 places are being targeted towards people who are unemployed; the way the admission process to these places will operate; and if he will make a statement on the matter. [15809/09]

Ruairí Quinn

Question:

722 Deputy Ruairí Quinn asked the Minister for Education and Science if he will explain what the 930 places in third level transition courses announced in the supplementary budget on 7 April 2009 entail; the persons who are open to apply for them; the typical duration of same; the amount these places will cost to run; the institutions which will offer these courses; the efforts being made by his Department to ensure that these 930 places are being targeted towards people who are unemployed; the way the admission process to these places will operate; and if he will make a statement on the matter. [15810/09]

Róisín Shortall

Question:

740 Deputy Róisín Shortall asked the Minister for Education and Science if he will provide details of the 7,000 new places on education courses that were recently announced by him; the location from which the course will operate; the person who will provide them; when they will commence; the criteria for qualification; and the way interested people can apply or obtain further information. [15952/09]

I propose to take Questions Nos. 720 to 722, inclusive, and 740 together.

The table below summarises the almost 7,000 new places on education courses that were announced as part of the Supplementary Budget. This includes an additional 1,500 PLC places in the Further Education Sector and 5,410 places in the Higher Education Sector. The position in relation to the allocation of the 1,500 PLC places is set out in my reply to Questions 15807 and 15811.

In the Higher Education Sector, it is expected that at least 2,000 unemployed people will be accommodated on full time third level courses starting this autumn. Admission to full time undergraduate courses is primarily through the CAO but there are also opportunities for direct entry through individual institutions' admission offices. These 2,000 places will be funded from within overall existing resources. In addition, 1,500 places will be provided to enable persons who are unemployed to pursue third level certificate or degree programmes on a part time basis. The Department of Enterprise, Trade and Employment will provide funding of €4m to support this initiative and arrangements for the operation of the programme are being developed jointly by officials of my Department and the Department of Enterprise, Trade and Employment with a view to implementation from September 2009.

Following a review by the Institutes of Technology of the scope to utilise vacant capacity, to provide up-skilling for unemployed people, 280 places were made available on a direct entry basis to a range of newly developed accelerated Level 6 Certificate programmes commencing between February and April this year. Under this initiative unemployed persons were offered the opportunity to complete the first year of a standard two year programme in an accelerated manner so that they can move to the second year of the programme in September 2009. The majority of these courses are of 15 weeks' duration with exams being held over 1/2 weeks. These programmes are currently running in the Institutes of Technology in Athlone, Carlow, Letterkenny and Sligo. The cost of the programmes are being met from within existing resources and there is no charge to participants.

Institutes of Technology are also utilising spare capacity to provide over 900 places on a range of newly developed part time transition programmes. These programmes have been developed to assist unemployed people who may be some time out of the formal education system to find out more about the type of third level courses that may be suited to them and to build their confidence to return to education by developing some of the necessary skills for studying at third level. Courses are free of charge to participants. It is hoped that a significant number of participants on these courses will be encouraged to apply on a direct entry basis for a range of third level certificate and degree programmes commencing in September 2009. The programmes are being run on a part-time basis, with participants remaining available for opportunities to re-enter employment. The courses are being delivered over a period of 10 to 15 weeks with participants committed to between 6 and 10 contact hours per week. These programmes are currently running in the Institutes of Technology in Blanchardstown, Carlow, Cork, Dún Laoghaire, Galway-Mayo, Letterkenny, Sligo, Tallaght, Tralee and in DIT.

The accelerated programmes and third level transition courses are targeted specifically at unemployed persons. The Institutes have worked closely with local FÁS and Department of Social and Family Affairs offices both in terms of marketing the courses and advising participants of their entitlements in relation to social welfare payments. Further information on these programmes is also available directly from the participating Institutes. Up to 700 additional training places are also being provided for redundant apprentices under a new Redundant Apprentice Institute of Technology Training Scheme. The purpose of this initiative is to provide an opportunity to redundant apprentices who cannot otherwise secure the job placements required in order to complete their normal apprenticeship programme, to acquire additional certified skills in the education sector. Further details on this training programme are provided in my response to Question No. 15812.

The scope to further develop these initiatives and to identify other appropriate responses which the third level sector can make to support the up-skilling of unemployed people is being examined by a Higher Education Labour Market Response Group which I have asked the HEA to establish. The core membership of this Group includes representatives of the third level sector, my own Department, the Department of Enterprise Trade and Employment, Forfas and the Secretariat to the Expert Group on Future Skills Needs. This Group will also provide a structure for engagement with other education and training providers in order to foster collaboration and ensure the optimal return from State resources in meeting the skills needs of the workforce. I have asked the Group to provide me with a report on its work by the end of June.

Summary of Activation Places to be provided in Education Sector as outlined in the Supplementary Budget

No. of Places

Third Level Sector–full time

Full time places from September 2009

2,000

Accelerated Level 6 Certificate Programmes

280

Redundant Apprentice IoT Scheme

700

Total Full time places

2,980

Third level sector–part time

Scheme to be developed for courses at levels 6 to 8

1,500

Part time transition courses

930

Total Part time places

2,430

Total Third level places

5,410

Further Education Sector

Full time additional PLC places

1,500

Total Education Sector

6,910

Questions Nos. 721 and 722 answered with Question No. 720.
Question No. 723 answered with Question No. 719.

Institutes of Technology.

Ruairí Quinn

Question:

724 Deputy Ruairí Quinn asked the Minister for Education and Science the person who is responsible for administering the new education programme for 700 redundant apprentices as announced in the supplementary budget on 7 April 2009; the persons who are open to apply for them; the typical duration of same; the amount these places will cost to run; the institutions which will offer these courses; the efforts being made by his Department to ensure that these 700 places are being targeted towards people who are unemployed; the way the admission process to these places will operate; and if he will make a statement on the matter. [15812/09

The new Redundant Apprentice IoT training scheme announced in the supplementary Budget is an initiative to provide an opportunity to redundant apprentices who cannot otherwise secure the job placements required in order to complete their normal apprenticeship programme, to acquire additional certified skills in the education sector.

The curriculum for the programme is being developed by Limerick Institute of Technology on behalf of all of the Institutes of Technology in collaboration with FÁS, the HEA and FETAC. The programme will focus on developing core skills in maths, ICT and business skills in order to facilitate students progressing to other higher education programmes or to completing their apprenticeship at a later stage. Students will take six modules totalling 30 credits over an 11 week period on a full time basis and will receive an award at FETAC level 5.

The programme which will commence on a pilot basis in September 2009 will be administered by participating Institutes and will be targeted at apprentices who have been made redundant before being able to complete the on-the-job training required at phase 5 of their apprenticeship. When the arrangements for the operation of the programme are finalised FÁS and the Institutes of Technology will ensure that all potential applicants are provided with details on where the programme will be available and how to apply for admission to the programme.

No fees will be payable by participants. The cost of the training programme will be met from within existing Department of Education and Science resources through utilising capacity that will become available in the Institutes of Technology due to the fall off in recruitment of apprentices generally. The Department of Enterprise, Trade and Employment will fund the payment of a training allowance to participants in lieu of income support.

Schools Building Projects.

Ruairí Quinn

Question:

725 Deputy Ruairí Quinn asked the Minister for Education and Science his views on opening a scheme whereby all redundant apprentices and not just the 700 he proposes to retrain, as announced in the supplementary budget on 7 April 2009, would be hired to work on the school building programme in an effort to end the unemployment in the construction sector; and if he will make a statement on the matter. [15813/09]

My Department awards contracts for the construction of school buildings in line with national and European public procurement regulations. The management of the Apprenticeship Training Scheme is the responsibility of FÁS which operates under the aegis of my colleague the Tánaiste and Minister for Enterprise, Trade and Employment. It is my understanding that an employer must be approved and registered by FÁS before they can recruit an apprentice.

I understand that FÁS is taking a number of measures to assist apprentices who have been made redundant secure the relevant on the job training phases necessary to complete their apprenticeship. One such initiative that has been put in place is the Employer Based Redundant Apprenticeship Rotation Scheme which was announced by the Tánaiste and Minister for Enterprise, Trade and Employment in December 2008. Under this scheme eligible employers are being supported by FÁS to provide workplace training and assessment for apprentices who have been made redundant. Employers who have vacancies for apprentices are encouraged to post the vacancy on the FÁS Jobs Bank. Redundant apprentices who register with Employment Services are referred to the open vacancies.

Ruairí Quinn

Question:

726 Deputy Ruairí Quinn asked the Minister for Education and Science the number of schools which will not be built in 2009 due to the €30 million reduction in the school building programme; and if he will make a statement on the matter. [15814/09]

It is my intention that the impact of the €30m reduction on the School Building Programme for 2009 will be minimised to the greatest extent possible, through careful management of the budget and taking account of the very keen tender prices to be obtained in the current construction market.

With regards to the large scale projects that I have announced to proceed to tender and construction during 2009 these will be progressed on a phased basis.

Higher Education Grants.

Ruairí Quinn

Question:

727 Deputy Ruairí Quinn asked the Minister for Education and Science the reason he reduced funding for the higher education sector in the supplementary budget on 7 April 2009 despite his commitment to introduce third level fees to ensure that the higher education sector is well funded; and if he will make a statement on the matter. [15815/09]

Ruairí Quinn

Question:

728 Deputy Ruairí Quinn asked the Minister for Education and Science if funds raised by the reintroduction of third level fees will be ring-fenced for education spending in general or specifically higher education spending; and if he will make a statement on the matter. [15816/09]

I propose to take Questions Nos. 727 and 728 together.

As the Deputy is aware, the scale of the economic downturn has made it necessary to adjust funding provisions across all Departments. The adjustments in the recent budget at third level were part of this overall contribution to public expenditure reductions. Such adjustments must be viewed however in the context of overall investments in higher education in recent years which has increased from some €1.5 billion in 2004 to over €2 billion this year.

In contributing to the achievement of national policy goals for social and economic development, it can be anticipated that there will be continuing significant resource needs for the sector. Our higher education system relies disproportionately on Exchequer sources of funding and it is appropriate to look to wider means of meeting future additional resource requirements having particular regard to the difficult budgetary and economic climate that is in prospect in the medium term. As the Deputy is aware I am currently finalising a review of policy options in relation to the consideration of the introduction of a form of student contribution. There are many complex and competing considerations including the funding matters referred to by the Deputy which need to be taken into account in the consideration of all available options. It is my intention to bring proposals to Government in the near future in relation to such options.

School Transport.

Ruairí Quinn

Question:

729 Deputy Ruairí Quinn asked the Minister for Education and Science if he will explain what the compensatory allowance for the fuel rebate to private contractors who participate in the school transport scheme, recently abolished in the supplementary budget on 7 April 2009, was when it operated; and if he will make a statement on the matter. [15817/09]

The Fuel Duty Rebate Scheme (Provisions of Section 99 (1) Finance Act, 1999) allowed for a rebate in respect of the excise duty paid on fuel used by private contractors on delivering school transport services. This scheme which was processed by the Revenue Commissioners, ceased on 31st October 2008 in accordance with the EU Energy Tax Directive.

The proposed compensatory allowance had not come into operation since the fuel rebate scheme ceased. Provision of €2million had been made in the 2009 Estimate to meet the estimated cost of the compensatory allowance. The school transport estimate has now been reduced, however, by €2 million to €192 million in the supplementary budget.

Bus Éireann was informed on 7th April that due to the very difficult fiscal conditions, it is not possible for the Department to approve any increase towards compensating private operators on contract to Bus Éireann for any loss of income arising from the termination of the fuel rebate scheme.

Psychological Service.

Ruairí Quinn

Question:

730 Deputy Ruairí Quinn asked the Minister for Education and Science when he expects the National Educational Psychological Service to recruit the 100 additional psychologists promised in Towards 2016 in view of his recent cutbacks to the service in the supplementary budget on 7 April 2009; and if he will make a statement on the matter. [15818/09]

The undertaking within the Towards 2016 Agreement of an increase of 100 additional posts related to both the National Educational Psychological Service (NEPS) and the National Educational Welfare Board (NEWB).

I am pleased to inform the Deputy that the budget allocation for NEPS will still allow for the recruitment of up to 50 additional psychologists for the NEPS service by the end of this year. This is an increase on the numbers provided under T2016. The recruitment of these additional psychologists will enable the expansion of the NEPS service to all schools in the country

School Staffing.

Ruairí Quinn

Question:

731 Deputy Ruairí Quinn asked the Minister for Education and Science if he will list and explain all jobs which are defined as posts or responsibility and which fall under the moratorium on public sector jobs announced recently; the number of vacancies estimated by his Department to be left unfilled over the next two year period if the estimated saving is to be €5 million; if he will provide estimates for special needs assistant posts; and if he will make a statement on the matter. [15819/09]

The duties which may be delegated to post of responsibility holders at primary level are outlined in Department Primary Circular 07/03 (Appendix A). At Post-primary level the relevant circulars are 4/98 Deputy Principals, 05/98 Voluntary Secondary Schools, 20/98 VECs, 23/98 C&C schools, 46/00 Adult Education and PPT17/02 Programme Co-ordinator. All of the circulars are available on my Department's website.

Following the Government decision on the moratorium on promotions in the Public Service my Department issued a circular to all schools indicating that with effect from 27 March, 2009 schools may no longer make any appointment to a post of responsibility including those that may have fallen vacant on or before 27 March, 2009. This Circular 0022/2009 is available on my Department's website.

It is a matter for the school authority to re-organise and prioritise the appropriate duties for post of responsibility holders in the context of implementing this moratorium. Under the revised arrangements schools may continue to fill posts of Principal and Deputy Principal. The Government decision provides for an exception in respect of the first allocation of posts of responsibility in new schools. My Department will be in direct communication with new schools in relation to their entitlements to fill their first allocation of posts of responsibility.

It is not possible at this stage to indicate the precise level of vacancies that may arise over the next two years however it is expected that a saving of €5m will accrue from the introduction of the moratorium on posts of responsibility in schools and the review of special needs assistants now under way. The National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating special needs assistants (SNAs) to schools to support children with special needs. A pupil's level of care may diminish over time as the child matures. Pupils may move to a different school or on to post-primary school. In such situations, the NCSE will review and adjust the SNA support required in the school. The SENOs convey such decisions directly to schools. The criteria for allocating special needs assistant support for children with special educational needs were not changed as part of the budget announcements. The NCSE operates within the Department's criteria in allocating such support.

Schools Building Projects.

Emmet Stagg

Question:

732 Deputy Emmet Stagg asked the Minister for Education and Science if a preferred tender has been chosen for the contract to build the new National School at Kill, County Kildare; if the contract has been signed; and the details of the time frame for completion of the contract. [15830/09]

A letter of intent issued to the main contractor on 9 April 2009, requesting sight of certain important documents and confirmation of a number of other issues. Once all the documentation requested has been received and meets my Department's requirements, a formal letter of acceptance will issue to the Contractor. It is estimated that it will take 12 to 15 months to complete the project, from the date of commencement on site.

School Accommodation.

Paul Kehoe

Question:

733 Deputy Paul Kehoe asked the Minister for Education and Science the status of an application for a new school building by a school (details supplied); and if he will make a statement on the matter. [15867/09]

I assume the Deputy is referring to an application from the school in question for the provision of additional accommodation under the Permanent Accommodation Scheme. As part of the expansion of that scheme a grant was sanctioned in 2007 to enable the school authority to build one permanent classroom.

An application by the school for further additional funding was received by my Department in late 2008, however, in light of competing demands on the capital budget of the Department it was not possible to provide extra funding at that time.

The application for an increase in the grant amount is being reviewed by my Department in the context of the 2009 Building Programme and the management will be informed of the position in due course.

Question No. 734 answered with Question No. 675.

Departmental Bodies.

Leo Varadkar

Question:

735 Deputy Leo Varadkar asked the Minister for Education and Science the status of proposal number seven in Annex D of budget 2009; if this process has been completed; if not, the date by which it will be completed; and if he will make a statement on the matter. [15875/09]

The Deputy is referring to the amalgamation of the National Qualifications Authority of Ireland (NQAI), the Higher Education and Training Awards Council (HETAC) and the Further Education and Training Awards Council (FETAC). The new organisation will also take responsibility for the external quality assurance review of the universities, a function which is currently performed by the Irish Universities Quality Board (IUQB) and the Higher Education Authority (HEA). The statement also refers to the possibility of including some of the related functions of the National University of Ireland in the new organisation.

An Implementation Advisory Group (IAG), comprising representatives of the NQAI, HETAC, FETAC, the HEA, the IUQB and the Irish Universities Association has been formed to advise my Department on the implementation of the amalgamation. My Department has had separate discussions with NUI.

A consultation paper has been prepared, with the assistance of the IAG, covering the functions and shape of the new organisation and key legislative considerations. A period of public consultation is planned, which is due to start shortly and will conclude in June. My Department has also started work on the legislation necessary for the amalgamation. The target completion date for the legislative process is Autumn 2010, with the new statutory organisation to be established in Winter 2010/Spring 2011.

Post-Leaving Certificate Courses.

Catherine Byrne

Question:

736 Deputy Catherine Byrne asked the Minister for Education and Science if he will reconsider the cap on student numbers in post leaving certificate courses; if his attention has been drawn to the fact that a college (details supplied) in Dublin 10 risks losing seven teachers once this cap is enforced which would mean a reduction in the number of potential students being accepted to study at the college; if he will review the number of places open to students in PLC colleges in view of the rapid growth of unemployment here; and if he will make a statement on the matter. [15920/09]

From September 2009, an additional 1,500 Post Leaving Certificate (PLC) places will be made available nationwide. This will bring the total number of approved PLC places to 31,688.

The PLC programme provides successful participants with specific vocational skills to enhance their prospects of securing lasting, full-time employment, or progression to other studies. The allocation of these extra 1,500 PLC places is another step in expanding opportunities and broadening access to further education so that people can enhance their employment skills. The College referred to by the Deputy is part of City of Dublin VEC. Places are allocated to VECs an on annual basis following an application process. The further distribution of places to individual colleges within VECs is a matter for each VEC.

School Accommodation.

Catherine Byrne

Question:

737 Deputy Catherine Byrne asked the Minister for Education and Science if he is committed to the establishment of a new and Irish speaking secondary school (details supplied) in County Dublin; when this school will open for enrolment; and if he will make a statement on the matter. [15921/09]

Forward Planning Section of my Department is in the process of identifying the areas where significant additional accommodation will be required at primary and post-primary level for future school years.

Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors decisions will be taken on the means by which emerging needs will be met within an area.

Post-primary accommodation requirements in the Dublin 14 area, and any subsequent issues which may arise, such as the need for a new Irish language post-primary school will be considered in this regard.

Question No. 738 answered with Question No. 675.

Special Educational Needs.

Finian McGrath

Question:

739 Deputy Finian McGrath asked the Minister for Education and Science if he will not cut resource teaching hours for all students with Down syndrome. [15942/09]

The criteria for allocating resource teaching support for pupils with special educational needs, including pupils with Down Syndrome, did not change as part of the recent budget announcements.

Primary school pupils with high incidence special educational needs may receive additional teaching support under the terms of the General Allocation System. One of the benefits of the General Allocation System is that it has put teaching resources in place in schools on a more systematic basis. This facilitates flexible and early intervention and gives schools more certainty about their resource levels.

Post-primary schools which have students with special educational needs, and primary schools which have enrolled pupils with low incidence special educational needs, may apply to the National Council for Special Education for additional allocations of resource teaching support. The number of additional teaching hours allocated is dependent on the pupil's special educational needs. I wish to reiterate that pupils with special educational needs including those with Down Syndrome have, and will continue to have, access to additional teaching resources to support their education. However, there is a requirement to make appropriate use of the resources available and along with all other areas of expenditure, provision is dependent on the resources available to the Government.

Question No. 740 answered with Question No. 720.
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