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Dáil Éireann debate -
Thursday, 2 Jul 2009

Vol. 687 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 10, inclusive, answered orally.

School Curriculum.

Martin Ferris

Question:

11 Deputy Martin Ferris asked the Minister for Education and Science his views on the fact that more than 50% of second level schools could be forced to reduce subject choice for senior cycle students from September 2009 due to education cutbacks. [26729/09]

Teacher allocations to all second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. In accordance with these rules each school management authority is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff in the school, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the school management authorities.

I have always accepted and acknowledged that the decision in the Budget last October to increase the pupil teacher ratio across all second-level schools will have an impact on class sizes and subject choices in our post-primary schools from the commencement of the 2009/10 school year.

Schools will make choices as a consequence of the changes made in the Budget.

Some will decide to increase class size particularly in the subjects taken by most students. Some may decide to eliminate some subjects from the choice of subjects that they offer. Some will combine increasing the numbers in some classes with eliminating subjects. In making such decisions individual schools may also decide to prioritise some subjects or programmes over others. Some schools may give a priority to Junior cycle or particular subjects at Junior cycle and others may prioritise Senior Cycle and particular Leaving Certificate subjects.

At the level of individual schools the changes in relation to the allocation of teaching posts will impact 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. Across the school system generally there will inevitably be an impact on class sizes and my Department will through the normal process of examining applications for curricular concessions endeavour to ensure continuity of provision for those already preparing for the certificate examinations. The changes at second level are more likely to impact on the range of subjects that schools will be able to offer those starting the Junior or Leaving Certificate programmes next September.

I undertook to publish information in relation to the allocation of teachers to schools and this was done earlier this year in relation to primary schools. The Deputy may be interested to know that information on the current position regarding teacher allocations to second level schools, whether enrolment related or otherwise, will be published on my Department's website shortly. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions. The information will represent the position at this stage and is not the final position. At this point allocations for such as special needs, language support and curricular needs are still in process. The information will be further updated later in the year when final allocations are determined and the final position regarding supernumerary posts remaining in school emerges.

Schools Building Projects.

Dinny McGinley

Question:

12 Deputy Dinny McGinley asked the Minister for Education and Science the position regarding the provision of a new school for a school (details supplied) in County Donegal; and if he will make a statement on the matter. [26568/09]

The school referred to by the Deputy submitted an application to my Department for large scale capital funding for a new school.

Following an assessment, the proposed project was assigned a Band Rating of 1.1 in accordance with the Department's published prioritisation criteria and it was determined that a 24 classroom school would be required to meet the short to medium term needs of the area.

A technical examination concluded that the development of a 24 classroom school building on the existing school site would not be feasible.

My Department has inspected several sites suggested by the school authorities to assess their suitability. It is intended that the Department will commence the acquisition of a site in the coming months.

Once the site has been acquired, the progression of this large scale 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. At this stage, it is not possible to give an exact timescale for the commencement of construction.

Educational Disadvantage.

Denis Naughten

Question:

13 Deputy Denis Naughten asked the Minister for Education and Science the steps he is taking to support disadvantaged children in the classroom; and if he will make a statement on the matter. [26458/09]

The majority of schools include among their pupils children with disadvantaged backgrounds. In general, most schools address the individual needs of these children without recourse to additional targeted resources. Evidence has shown that disadvantage associated with poverty and social exclusion assumes a multiplier effect where the levels are highly concentrated in schools.

DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). As a result of the identification and review processes, 876 schools have been included in the School Support Programme (SSP) under DEIS. These comprise 673 primary schools (urban and rural) and 203 second-level schools.

The plan commenced in 2006 and is being rolled out on a phased basis over the period to 2010.

DEIS provides various supports for both primary and post primary schools. These include:

reduced pupil teacher ratio in primary schools in urban areas with most disadvantage;

allocation of administrative principal on lower figures than generally apply in primary schools in urban areas;

additional capitation funding based on level of disadvantage;

additional funding for schools books;

access to School Meals Programme;

access to numeracy/literacy supports and measures at primary level;

access to Home School Community Liaison services;

access to School Completion Programme;

enhanced guidance counselling provision at post primary level;

access to planning supports;

provision for school library and librarian support at second level;

access to Junior Certificate School Programme and Leaving Certificate Applied;

access to a range of professional development supports.

In line with my focus on retaining resources in the most disadvantaged areas, it is important to note that following Budget 2009, all existing DEIS supports in DEIS schools are not being affected.

School Planning.

Michael D. Higgins

Question:

14 Deputy Michael D. Higgins asked the Minister for Education and Science further to Parliamentary Question No. 491 of 23 June 2009, when the City and County Managers’ Association was asked for a response to the terms of the draft memorandum; the actions he has taken to accelerate the ratification of the memorandum, in view of the urgency of the situation; and if he will make a statement on the matter. [26684/09]

A Code of Practice in relation to "The Provision of Schools and the Planning System", which was published in July 2008 sets out the best practice approaches that should be followed by planning authorities and by my Department in ensuring that the planning system plays its full part in facilitating the timely and cost-effective provision of school facilities.

This Code of Practice, which was published as a statutory planning guideline, sets out the fundamental principles or agreed actions that will foster greater partnership between the planning authorities and my Department.

These principles include:

1. Forecasting Future Education Demand,

2. Planning for New Schools through Local Authority Development Plans,

3. Planning Considerations relating to the location of schools,

4. Site Development Standards,

5. School Development Proposals and the Development Management Process,

6. School Site Identification and Acquisition.

My Department has met with a representative sub-group of the City and County Managers' Association on three separate occasions, in December 2008 and in January and March of this year. At these meetings, draft versions of the proposed Memorandum of Understanding in relation to the acquisition of sites for school planning purposes were discussed.

At the last meeting on 5 March 2009 with the City and County Managers' Association sub-group, it was concluded that the draft was advanced enough to allow for consideration and agreement by the City and County Managers' Association.

My Department is awaiting the agreement of the City and County Managers' Association following which, my Department will report to me.

I am satisfied that, taking into account the period of time since the publication of the Code of Practice, significant progress on developing greater levels of integration between my Department and the local government sector has been achieved. Following final agreement on the proposed Memorandum of Understanding, I expect to see this partnership approach develop further in the coming year.

Residential Institutions Redress Scheme.

Kathleen Lynch

Question:

15 Deputy Kathleen Lynch asked the Minister for Education and Science if he has completed an audit of the assets held by the 18 religious teaching orders covered under the 2002 indemnity deal; if he will make public the findings of the audit; and if he will make a statement on the matter. [26681/09]

Liz McManus

Question:

22 Deputy Liz McManus asked the Minister for Education and Science the matters discussed at his meeting on 4 June 2009 with representatives of the religious orders that ran institutions identified in the Ryan report in which children were abused; if the question of additional payments by the orders was discussed; his plans for further meetings with these orders; and if he will make a statement on the matter. [26674/09]

Mary Upton

Question:

24 Deputy Mary Upton asked the Minister for Education and Science if, arising from his public statement on 26 May 2009, he has received a response to his call to the religious congregations to articulate their willingness to make a further substantial voluntary contribution arising from the Ryan report; if a meeting has been arranged with representatives of these congregations; and if he will make a statement on the matter. [26672/09]

Ruairí Quinn

Question:

166 Deputy Ruairí Quinn asked the Minister for Education and Science the matters discussed at his meeting on 4 June 2009 with representatives of the religious orders that ran institutions identified in the Ryan report in which children were abused; if the question of additional payments by the orders was discussed; if he plans further meetings with the orders; and if he will make a statement on the matter. [26956/09]

I propose to take Questions Nos. 15, 22, 24 and 166 together.

On Thursday 4th June 2009, the Taoiseach, along with myself and other Cabinet colleagues, met with representatives of the Religious Congregations to begin the process of addressing with them the issues arising from the publication of the Report of the Commission to Inquire into Child Abuse. The Taoiseach conveyed the view of the Government and indeed the wider public that further substantial contributions are required from the Congregations by way of reparation. Furthermore, the contributions need to be capable of being assessed by the public for their significance by reference to the full resources available to the Congregations and in the context of the costs of well over a billion euro being borne by the State. The Taoiseach asked the Congregations to revert with proposals in this regard.

The same group again met with the representatives of the various religious congregations on Wednesday 24th June at which the Religious Congregations reported on the progress they had made in compiling reports on their financial positions. It is expected that reports signed off on by their financial advisors will be submitted by the congregations to the Government by mid-July when a further meeting will be held.

The Taoiseach has stated that the Government would now move to appoint a panel of three independent persons to assess the material submitted by the congregations and report to Government as to the adequacy of these statements as a basis for assessing the resources of the Congregations.

Higher Education Grants.

Jack Wall

Question:

16 Deputy Jack Wall asked the Minister for Education and Science if he will alter the residency requirement which often precludes applicants from availing of the higher education grant schemes run by vocational education committees in view of the fact that they cannot prove their address for the preceding years; his views on whether many people, particularly students, are unaware of their legal obligation to register with the Private Residential Tenancies Board or ensure they are named on relevant utility bills if they sub-let an apartment and hence block their grant application in subsequent years; his further views on whether a sworn affidavit in such instances would be an acceptable solution; and if he will make a statement on the matter. [26676/09]

The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the Local Authority or VEC, as appropriate.

Independent mature students are assessed without reference to their parents income. The assessment as an independent mature student has to be carefully considered to ensure it is targeted at very specific circumstances where mature students can demonstrate that they have been genuinely living independently of their parents for a period of time. I have no plans at present to alter the residency requirements for independent mature status.

In order to establish the candidate's status as an independent mature student, documentary evidence is required as proof of a candidate's ordinary/permanent address from 1st October of the year preceding entry to college. Awarding authorities are obliged to satisfy themselves beyond doubt that an acceptable degree of proof has been submitted by the grant applicant. An affidavit in isolation cannot be accepted as sole proof of residency.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

17 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which he has had discussions with the various school authorities here in the matter of reductions in teacher numbers and the consequent deterioration of the pupil-teacher ratio and class sizes arising from cuts announced in budget 2009; the steps he has taken or proposes to take to alleviate the impact arising therefrom; if he intends to enter into further negotiations in this context; and if he will make a statement on the matter. [26687/09]

There has been ongoing engagement and discussion with the relevant education partners involving me and/or my senior officials concerning general education matters and specific budgetary matters since the budget announcements last October.

To be clear there is no doubt that the budget measures concerning staffing will have an impact. There is simply no easy way to control or reduce public expenditure.

At the level of individual schools the changes in relation to the allocation of teaching posts will impact 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. Across the school system generally there will inevitably be an impact on class sizes and at post-primary level the changes will impact on the capacity of individual schools to offer as wide a range of subject choices as heretofore in future years. My Department will through the normal processing of examining applications for curricular concessions endeavour to ensure continuity of provision for those already preparing for the certificate examinations. The changes at second level are therefore more likely to impact on the range of subjects that schools will be able to offer to those starting the Junior or Leaving Certificate programmes next September.

I undertook to publish information in relation to the allocation of teachers to schools and this was done earlier this year in relation to primary schools. The Deputy may be interested to know that information on the current position regarding teacher allocations to second level schools, whether enrolment related or otherwise, will be published on my Department's website in the coming week. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions. The information will be further updated later in the year when final allocations are determined.

All the above allocations, primary and post-primary 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 the allocation of support teachers, additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes.

The final staffing position for all schools will ultimately not be known until the Autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and any appeals to the Staffing Appeals Boards will have been considered. The appellate process is particularly relevant at post-primary level where any specific curricular needs of the school concerned are considered. Also at post-primary there is no effective system wide redeployment scheme at present and this can mean that schools may end up retaining teachers, though over quota.

Proposed Legislation.

Liz McManus

Question:

18 Deputy Liz McManus asked the Minister for Education and Science if he will adopt the Institutional Child Abuse Bill 2009, a Private Members’ Bill proposed by the Labour Party; and if he will make a statement on the matter. [26675/09]

Following the publication of the Ryan Report the Taoiseach and members of the cabinet met with representatives of the survivors of abuse. Meetings were also held with the relevant religious congregations. At these meetings and through other submission a range of matters were raised including issues such as those raised in the proposed Bill referred to in the question. These matters will be considered fully by the Government with a view to giving a comprehensive response as soon as possible.

Brian O'Shea

Question:

19 Deputy Brian O’Shea asked the Minister for Education and Science when he expects the Oireachtas Committee on Education and Science to take the Committee Stage of the Student Support Bill 2008; if the Bill has been shelved indefinitely; and if he will make a statement on the matter. [26678/09]

The Student Support Bill has not moved to committee stage, as a number of legal and policy issues which have arisen require resolution before the necessary amendments can be tabled at committee. There are a number of reasons why progress to Committee Stage with the Bill has taken longer than originally anticipated. A number of amendments had to be considered arising from a review of the Bill following the Second Stage debate, further consultations since publication and legal advice received.

Given the range and complexity of the issues to be resolved, it is now more likely that the Bill will progress to committee stage in the autumn session.

My Department will continue to liaise with the Oireachtas Joint Committee on Education and Science in this regard with a view to moving forward as expeditiously as possible as soon as the proposed amendments have been finalised.

Institutional Child Abuse.

Mary Upton

Question:

20 Deputy Mary Upton asked the Minister for Education and Science the matters discussed at his meeting on 3 June 2009, with eight groups representing victims of child abuse in institutions run by religious orders; his plans to meet the group again; and if he will make a statement on the matter. [26673/09]

On Wednesday 3rd June the Taoiseach, Mr Brian Cowen TD, along with myself and other Cabinet colleagues met with survivors groups to begin the process of discussion of the issues arising from the Report of the Commission to Inquire into Child Abuse.

The Taoiseach reiterated the apology issued to survivors by former Taoiseach Bertie Ahern, TD, and conveyed directly and personally a sincere apology, on behalf of the Government, of the State and of all our citizens, for the failure to intervene, to detect their pain or to come to their rescue. The representatives were told that the needs of survivors of abuse are a particular priority of the Government at this time.

The Taoiseach pointed out that the Government have accepted all of the recommendations of the Commission and are committed to their full implementation. Mr Cowen also referred to the fact that the Government had called on representatives of the religious Congregations concerned to make further substantial contributions by way of reparation.

The Taoiseach also stressed that those who perpetrated crimes against survivors, no matter how long ago, must be made amenable to the law so that they can be held to account for such crimes. He added that an Assistant Garda Commissioner has been tasked with examining the totality of the Commission Report and that criminal investigations are continuing in respect of a significant number of people.

The Taoiseach told those present that Minister Barry Andrews will bring to Government before the end of July a comprehensive implementation plan to put in place the recommendations of the report.

As well as listening to the issues raised by survivor groups at the meeting, each group was asked to make a submission outlining the needs of survivors going forward. All of the issues raised, together with the recommendations of the Report, will be considered in full by the Government.

Third Level Fees.

Sean Sherlock

Question:

21 Deputy Seán Sherlock asked the Minister for Education and Science if he has finalised his proposals on the reintroduction of third level fees; if he has brought a memorandum to Government on the matter; when he plans to make a decision on the option which will be pursued by him; if he will release the document which contains his final proposals in order that an informed public debate can be held; and if he will make a statement on the matter. [26671/09]

Arthur Morgan

Question:

34 Deputy Arthur Morgan asked the Minister for Education and Science if he will put forward his proposals on the issue of third level fees before the end of this Dáil term; the likely content of these proposals; and if they will affect those due to start in third level institutions in September 2009. [26726/09]

I propose to take Questions Nos. 21 and 34 together.

As the Deputies will be aware, I am currently finalising a review of policy options relating to the introduction of a form of student contribution. There are many complex and competing considerations involved. These include considerations relating to institutional funding, family affordability, equity, participation and value for money for the taxpayer. However, it is an issue that merits consideration at this important juncture in the development of higher education and also given the current economic circumstances.

My officials are finalising a technical report on the various options available. This will look at available models, drawing on experience with those that have operated internationally. It will assess the potential policy, cost and revenue impacts of various available approaches in an Irish context. I will be providing the completed technical report to my Cabinet colleagues for consideration very shortly. As the Deputies will appreciate, I do not wish to pre-empt any decisions of Government in relation to these matters.

I have already signalled that it is not my intention to recommend that any new form of student contribution should be introduced before 2010. In the event that it is decided to introduce a form of student contribution from a future point, such arrangements would also apply, from that time, to those students who would have entered higher education this year i.e. 2009.

Question No. 22 answered with Question No. 15.

School Patronage.

Joanna Tuffy

Question:

23 Deputy Joanna Tuffy asked the Minister for Education and Science if he is preparing to submit a report to the United Nations Human Rights Committee on 31 July 2009 in relation to the role of religion within the education system here; if he will provide a copy of this response; and if he will make a statement on the matter. [26682/09]

The UN Human Rights Committee considered various aspects of Irish law and practice during its 93rd session in Geneva in July 2008.

The report on the proceedings included the recommendation that, "The State party should increase its efforts to ensure that non-denominational primary education is widely available in all regions of the State party, in view of the increasingly diverse and multi-ethnic composition of the population of the State party"

The Committee indicated that Ireland should provide, within one year, information on its implementation of this and other recommendations.

The preparation of Ireland's response to the relevant recommendation in the Committee's report is being finalised by my Department and will be conveyed to the Committee by the deadline via the Department of Foreign Affairs, which has a coordinating role in this matter.

A copy of the response will be forwarded to the Deputy following its submission to the Committee.

Question No. 24 answered with Question No. 15.

Arthur Morgan

Question:

25 Deputy Arthur Morgan asked the Minister for Education and Science if he will meet with the Catholic bishops to discuss the discontinuation of their patronage of public schools. [26727/09]

Brian O'Shea

Question:

35 Deputy Brian O’Shea asked the Minister for Education and Science if he has contacted the Archbishop of Dublin, in view of their speech on 17 June 2009, and their comments on reducing the role of the Catholic Church in the education system here; and if he will make a statement on the matter. [26679/09]

Aengus Ó Snodaigh

Question:

37 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the steps being taken towards the complete removal of the church from the public education system. [26722/09]

I propose to take Questions Nos. 25, 35 and 37 together.

My Department is currently consulting directly with patrons about specific areas where the establishment of new schools will be required and how emerging demands in these areas will be addressed and as part of the process will be seeking details of any schools where a change of patronage might potentially be relevant.

In tandem with this, a review of the procedures for the establishment of new primary schools is being undertaken by the Commission on School Accommodation.

Among the issues being considered by the Technical Working Group established under the Commission is the issue of patronage, including the criteria that must be met to become a patron and the circumstance where changes to patronage may be warranted. The Technical Working Group will also consider the general approach to maximising the use of existing spare capacity where this arises, including possible changes to patronage.

As part of this process, if meetings with the Catholic Bishops are needed to discuss or clarify any general issues relating to the change of patronage, these will be arranged. In this context, officials from my Department will shortly be in contact with the Archbishop of Dublin to arrange further discussion to determine how best to agree a framework by which the issues of school patronage, ownership of school property, the demand for denominational education and other associated matters can be addressed.

Proposed Legislation.

Jack Wall

Question:

26 Deputy Jack Wall asked the Minister for Education and Science when he expects to have completed drafting a Bill to ensure that the two community national schools in County Dublin can operate under the patronage of the vocational education committees in view of the fact that there is no statutory basis for them to do so at present; and if he will make a statement on the matter. [26677/09]

The Government has recently approved the scheme of the Education (Patronage) Bill 2009. The purpose of this Bill is to put in place a legal framework which will facilitate the involvement of Vocational Education Committees in the provision of primary education.

The scheme of Bill has been referred to the Office of the Parliamentary Counsel to the Government which is the statutory authority charged with the drafting of Government legislation.

Pending enactment of the Bill, I as Minister for Education and Science, am acting for the interim period as Patron of Scoil Ghráinne and Scoil Choilm.

Suíomhanna Scoile.

Dinny McGinley

Question:

27 D’fhiafraigh Deputy Dinny McGinley den Aire Oideachais agus Eolaíochta cad é an dul chun cinn atá déanta maidir le scoil úr a chur ar fáil (sonraí tugtha), an bhfuil suíomh ar fáil, an bhfuil an suíomh á cheannach nó ceannaithe agus cén uair a chuirfear tús leis an obair; agus an ndéanfaidh sé ráiteas ina thaobh. [26567/09]

Ba mhaith liom a chur in iúl don Teachta go bhfuil teagasca tugtha d'Oifig na nOibreacha Poiblí dul ar aghaidh leis an suíomh a fháil ach cead pleanála a bheith faighte. 2.3 acra a bheidh i gceist leis an gceannach agus is í Oifig na nOibreacha Poiblí a bheidh i gceannas ar an gcaibidlíocht. Tar éis don cheannach a bheith curtha i gcrích, machnófar an tionscadal tógála don scoil i gcomhthéacs an chláir tógála agus nuachóirithe scoile.

Skills Strategy.

Denis Naughten

Question:

28 Deputy Denis Naughten asked the Minister for Education and Science his views on the report of the Expert Group on Future Skills Needs regarding the level of achievement in maths amongst students here; if he will implement the recommendations of the report; and if he will make a statement on the matter. [26459/09]

The OECD PISA (Programme for International Student Assessment) 2006 survey of 15 years olds across 57 countries showed that Ireland's mean score in mathematics was not significantly different from the OECD average. We ranked 16th of 30 OECD countries and 22nd of 57 countries. There were fewer lower achievers and higher achievers than the OECD average, with the majority of pupils scoring in the mid range of achievement. When performance levels for mathematics in 2006 are compared with those in 2000 and 2003, there are no changes for Irish students. Ireland showed a high level of equity in achievement outcomes. This is evidenced by relatively small levels of "between school" variation and comparatively good standards among lower achievers.

The Report of the Expert Group calls for the introduction of bonus points for Higher Level Mathematics in the Leaving Certificate. Decisions on the award of points and admission criteria for entry to higher education programmes are, under legislation, a matter for the higher education institutions. My Department asked the Higher Education Authority to initiate a discussion across higher education institutions regarding the desirability or otherwise of awarding bonus points. The overall view emerging was that the introduction of bonus points was unlikely to dramatically increase uptake of Higher Level Maths. The Report of the Points Commission in 1999 considered the issue of bonus points and recommended against such an approach.

Providing bonus points could reinforce the perception that Maths is a difficult subject. It should be noted that when bonus points were removed in 1994 on foot of curricular reform, participation in Higher Level Maths increased. We can therefore conclude that curriculum reform has more impact than points in this area. Introducing bonus points would inevitably lead to similar demands in other subjects such as science.

Special Educational Needs.

Caoimhghín Ó Caoláin

Question:

29 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science his views on whether his response to schools which have appealed his decision to abolish more than 100 special needs classes has been adequate in view of the effects it will have on a large number of vulnerable children. [26725/09]

Caoimhghín Ó Caoláin

Question:

30 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if he will be holding any further appeals on his decision to abolish more than 100 special classes for children with special educational needs. [26724/09]

I propose to take Questions Nos. 29 and 30 together.

I wish to advise the Deputy that my Department has considered correspondence submitted by a number of schools appealing the decision to suppress classes for pupils with a Mild General Learning Disability (MGLD). Responses issued to these schools on 11 June last. A small number of schools have corresponded further with my Department and a reply will issue to these schools as quickly as possible.

The responses included advice to schools as to how they can support children who are in the classes being suppressed through the school's General Allocation Model of resource teaching support. There may be instances where children who are enrolled in a MGLD class fall within the low incidence disability category. These children may qualify for individual resource teaching support through the National Council for Special Education (NCSE) and schools were advised that it is open to them to liaise with the local Special Educational Needs Organiser (SENO) in this regard. I am satisfied with the information provided to the schools on foot of their appeals.

My Department promotes a continuum of assessment and intervention. These interventions range from support from the classroom teacher and support from the resource / learning support teacher. Where a school considers that these interventions are not meeting the child's needs they should seek the advice of their National Educational Psychological Service (NEPS) psychologist. Schools without an assigned NEPS psychologist can avail of the Scheme for Commissioning Psychological Assessments.

Asylum Support Services.

Aengus Ó Snodaigh

Question:

31 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science his views on the position paper issued in June by the Refugee Information Service on the challenges and obstacles facing refugees, persons with leave to remain and persons granted subsidiary protection as they seek to access post-second level education; the steps he will take to implement its recommendations; and if he will make a statement on the matter. [26723/09]

I have received the report published by the Refugee Information Service in June. It provides a useful contribution to the debate on the post-second level education provided to adult refugees, persons with leave to remain and persons granted subsidiary protection.

It does not, I believe, acknowledge the amount of initiatives that are already in place.

Vocational Education Committees provide English language training for adult immigrants throughout the country. Over 12,500 adult immigrants participated in English language tuition in 2008 at an estimated cost of some €10 million. A further €2.8m is being provided to meet the English language and socialisation needs of adult refugees.

The National Framework of Qualifications provides for a fully coordinated system of access, transfer and progression. The FETAC "Higher Education Links Scheme and Pilot Scheme" has developed clear progression routes from further to higher education. There is also the possibility of recognition of prior learning.

There are a number of references in the report to difficulty in accessing information. In the context of eligibility for reduced fees and access to grants there is a website, www.studentfinance.ie, that is a convenient and user friendly source of comprehensive information on financial support for further and higher education. The data on this website are continually updated to reflect the current position for students and potential students.

In addition, I have just launched my own website, www.integration.ie. It contains detailed data on the key aspects of immigrants' lives. It is an excellent first point of reference for information. In relation to education matters, AIM — accessing intercultural materials — a portal with links to key databases — is also available on my website.

Access personnel co-ordinate their work across higher education institutions. They have, for example, piloted new strategies to reflect the needs of a more diverse student body. They collaborate with schools and the community sector. Research has shown that newcomer students are progressing in significant numbers to higher education, relative to their numbers in the population.

Through the Strategic Innovation Fund, the HEA and the Department of Education and Science are supporting research on the needs of students from ethnic minority groups. The report entitled "Migrants and Higher Education in Ireland", is available on www.eine.ie. This report has been recently completed by the CIT led 'Education in Employment' consortium of nine higher education institutions in close consultation with partners, including students from ethnic minority groups and FÁS.

I am currently preparing an Intercultural Education Strategy that will incorporate all aspects of education from pre-school upwards and will include both further and higher education. This Strategy will provide an overarching policy on the integration of newcomers into our education system.

These are just some of the many initiatives in place that are addressing the needs of migrants, including the three categories addressed in the RIS report.

Whole School Evaluations.

Sean Sherlock

Question:

32 Deputy Seán Sherlock asked the Minister for Education and Science if he has held discussions with the patron of a school (details supplied) in Dublin 7 in view of the whole school evaluation report published by him; his views on passing the report to the Director of Public Prosecutions in view of the allegations made in the report with respect to child welfare and abuse of State moneys; and if he will make a statement on the matter. [26670/09]

As the Deputy will be aware, on Thursday 18 June, the Inspectorate of my Department published a whole-school evaluation report on the school in question. The WSE report described a highly unsatisfactory situation at the school in relation to the quality of educational provision.

I have already expressed my very great concern regarding the serious weaknesses that were identified in the report including poor teaching and learning, inadequacies in relation to child protection policies and unacceptable standards in the general management of the school.

As part of the WSE process, the inspectors who conducted the evaluation have made detailed recommendations and have directly advised the school authorities and staff regarding the improvements the school must undertake. In addition, given the seriousness of the weaknesses evident in the school, senior officials of my Department have met recently on a number of occasions with the Patron of the school and the chairperson of the board of management to impress on them the need for change and improvement in the operation of the school.

The representatives of the school have accepted the findings and recommendations in the report. The patron has confirmed that a child protection policy has been drawn up and is currently being ratified by the board of management, and that the teachers have received training in its implementation.

An account of expenditure since the current board took office in January 2008 has been submitted to the Department and the school representatives have also confirmed to my Department that the matter of the school accounts is currently being pursued with the school's accountant and that it is anticipated that accounts will be available shortly.

Officials in my Department will hold further meetings with the school authorities to ensure that all the issues raised in the report are addressed including any matters relating to the school's management of funds.

I am satisfied that the measures being taken by my Department are appropriate for now.

I can assure the Deputy that my officials will continue to engage closely with the patron and the board and that the quality of the school's work will be monitored through inspection visits during the coming school year. I expect that significant improvements will result.

Departmental Reviews.

Jim O'Keeffe

Question:

33 Deputy Jim O’Keeffe asked the Minister for Education and Science the position in relation to the reconfiguration of the school catchment boundaries; and if he will make a statement on the matter. [26468/09]

By way of general background information, catchment boundaries have their origins in the establishment of free post primary education in the late 1960s. For planning purposes, the country was divided into about 300 geographic districts, each with several primary schools feeding into a post primary education centre with one or more post primary schools. The intention was that these defined districts would facilitate the orderly planning of school provision and accommodation needs. They also facilitated the provision of a nationwide school transport service, enabling children from remote areas to get to their nearest school.

A Value for Money Review of the School Transport Scheme, including catchment boundaries, is currently being undertaken by my Department and is due to be completed by the end of the year.

The Steering Committee of the Review is looking at the original objectives of the scheme, whether these objectives remain valid today, the extent to which the objectives are being achieved and whether there are possibilities for economies or efficiencies that would improve the value for money of the scheme. In this context, the review is also looking at fundamental issues such as catchment boundaries, which is in line with the commitment in the Programme for Government.

The review, when completed, will be published and submitted to the Oireachtas Select Committee on Education and Science.

Question No. 34 answered with Question No. 21.
Question No. 35 answered with Question No. 25.

Schools Recognition.

Martin Ferris

Question:

36 Deputy Martin Ferris asked the Minister for Education and Science the reason for his refusal to recognise Educate Together secondary schools in areas such as Lucan, County Dublin in which there is demand for non-denominational secondary education; and if he will make a statement on the matter. [26728/09]

My Department is currently considering a number of broad policy issues relating to the recognition process for second level schools. To facilitate full consideration of all of the issues involved, my Department has sought legal advice from the Office of the Attorney General in relation to the system of patronage at second level. Officials from my Department have recently met with their counterparts in the Office of the Attorney General to discuss the matter.

I can assure the Deputy that the application from Educate Together to be recognised as a patron body at second level will be fully examined within the context of the legal, financial and other factors that I must consider.

Question No. 37 answered with Question No. 25.

Special Educational Needs.

Bernard J. Durkan

Question:

38 Deputy Bernard J. Durkan asked the Minister for Education and Science the number of mainstream schools currently equipped with special units to cater for children with autism or other special needs; the degree to which the necessary staffing levels have been achieved to operate these units effectively and efficiently and in accordance with the guidelines laid down; if he has received submissions from school authorities setting out further requirements in this regard; the extent to which he has responded or will respond, positively or otherwise in 2009; and if he will make a statement on the matter. [26686/09]

The Deputy is aware of the Government's commitment to ensuring that all children with special educational needs, including those with autism, can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. The establishment of a network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. I have arranged for the information requested by the Deputy to be forwarded to him directly.

The pupil teacher ratio appropriate to classes for children with autism is one teacher for each class where up to six children can be enrolled. A minimum of two Special Needs Assistants are also allocated per class of six pupils.

An initiative in November 2006 expanded the level of administrative support available to large schools and schools with high numbers of special classes or a specialist autism unit. The measures included the allocation of additional teachers to allow deputy principals in mainstream schools that, in addition to their ordinary mainstream class teachers, also have five or more special classes for children with the more complex, low incidence, special needs, to operate as administrative deputy principals. Also where a school has a principal and four or five mainstream class teachers also has a specialist autism unit established under approval of NCSE, the principal will be appointed on an administrative basis.

My Department interacts on a regular basis with organisations representative of schools and submissions from school authorities including the one referred to by the Deputy are taken into consideration in the context of future policy decisions.

Schools Building Projects.

David Stanton

Question:

39 Deputy David Stanton asked the Minister for Education and Science further to Parliamentary Question No. 188 of 24 June 2009, his policy regarding band rating criteria; and if he will make a statement on the matter. [26717/09]

The prioritisation criteria for major school building projects were introduced by my Department following a report on the Prioritisation of School Building Projects carried out by Mr. Frank Pignatelli. The band rating system was refined in 2004, following consultation with the education partners.

Under the criteria, individual projects are assigned a band rating. Documents explaining the band rating system are published on my Department's website. Progress on individual projects is consistent with the assigned band rating. There are four band ratings overall with band 1 being the highest and band 4 the lowest. A project's band rating can be reviewed if the circumstances of a school change.

Residential Institutions Redress Scheme.

Joanna Tuffy

Question:

40 Deputy Joanna Tuffy asked the Minister for Education and Science further to Parliamentary Questions Nos. 278 of 16 June 2009 and 650 of 9 June 2009, if a person (details supplied) has completed the review; the outcome of the review; if he will publish the terms of the protocols referred to in paragraph 10 of the deed of the indemnity dated 5 June 2002 between him and the Department of Finance and certain religious congregations; if he will summarise the discount achieved by the State, in valuing the land transferred to it by the congregations, by reference to the taking into account in that valuation of grants or other payments previously provided by the State to the contributing congregations for the acquisition, development or improvement of these lands; and if he will make a statement on the matter. [26683/09]

I have asked officials of my Department to issue a copy of the protocols to which he is referring directly to the Deputy.

In relation to the review, as I have previously advised the House, a full review is being undertaken of the valuation process applied for each property involved including the application of protocols relating to grants paid. This review is being overseen by the external Chairperson of the Department's Internal Audit Committee, Mr Bill Cunningham former senior partner, PWC. I expect to have the outcome of the review by the end of July.

Employment Support Services.

Pat Breen

Question:

41 Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the progress made to date by the mid-west regional jobs task force in securing new employment prospects in the region; and if she will make a statement on the matter. [26941/09]

Following on the announcement by Dell to make 2,000 workers redundant, I established the Mid-West Task Force which was provided with the following terms of reference:

Assess the particular impact on the wider regional economy of the decision to close certain parts of the Dell plant in Limerick and associated companies;

Carry out an analysis of the potential impact of the current economic downturn on the Mid-West Region;

Carry out an in-depth review and analysis of the economy of the Mid-West Region;

Identify the drivers and enablers of development and determine the competitiveness issues pertinent to the region;

Explore alternative development scenarios and their potential to drive development in the region;

Examine the role of the Limerick-Shannon Gateway in the development of the Mid West Region and how that can be enhanced;

Develop proposals with a short, medium and long term perspective to ensure that current challenges are addressed and that future potential is realised;

Recommend to Government a development plan for the Mid West Region.

Today, 2 July, Mr Denis Brosnan, the Chairman of the Task Force, presented me with an interim report. The interim report is broad ranging in its considerations and it is my intention to bring the interim Report to Government very shortly. I am most grateful to Mr Brosnan and the other members of the Task Force for their commitment and work done to date.

Export Credit Insurance.

David Stanton

Question:

42 Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 66 of 9 June 2009, when she expects the due diligence report on the credit insurance market here to be completed; when she expects to make a final decision on a State supported export credit insurance scheme; and if she will make a statement on the matter. [26963/09]

The initial phase of the accelerated tendering process, whereby expressions of interest were invited, has been finalised. Completed tenders from the short-listed candidates, for the provision of the forensic examination of the credit insurance market, are due within the next week. These tenders will then be evaluated and it is hoped to award a contract shortly thereafter. It is intended that the analysis should be completed by September next. At that stage, informed by this study, the Government will consider all the issues involved before making a decision on whether or not to progress the possible introduction of a State-backed top-up export credit insurance scheme.

Tax Code.

Bobby Aylward

Question:

43 Deputy Bobby Aylward asked the Minister for Finance the reason for the delay in issuing repayment of VAT to a person (details supplied) in County Kilkenny which was submitted in October 2008. [26865/09]

I am advised by the Revenue Commissioners that they have no record of a claim for repayment of VAT from or for the person concerned in October 2008. Revenue has however made contact with the person concerned and has assisted him in preparing a duplicate claim.

Taxation Legislation.

P. J. Sheehan

Question:

44 Deputy P. J. Sheehan asked the Minister for Finance the Bills dealing with taxation over the past 20 years which were first introduced in Seanad Éireann before coming to Dáil Éireann. [26900/09]

The recent Finance Bills have all been classed as Money Bills, which, under Article 21 of the Constitution of Ireland, can only be initiated in Dáil Éireann.

There may be other Bills which would have had some form of taxation provision relating to that particular Bill and which were initiated in Seanad Éireann. This Department would not have records relating to these Bills.

Health Service Staff.

Paul Nicholas Gogarty

Question:

45 Deputy Paul Gogarty asked the Minister for Health and Children if it is possible in the first instance for schools within a community that do not have sufficient numbers for a stand-alone therapist to join with other schools in order that a shared therapist can be appointed; if this is the case, to confirm if 40 hours or some other figure is required; the mechanism whereby schools can pool requirements in this manner; if this is the case whether this is solely at the discretion of principals; and if she will make a statement on the matter. [26931/09]

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.

Bernard J. Durkan

Question:

46 Deputy Bernard J. Durkan asked the Minister for Health and Children the level of availability of speech and language sessions at all schools in County Kildare; the way this compares with the national average; and if she will make a statement on the matter. [27052/09]

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.

Bernard J. Durkan

Question:

47 Deputy Bernard J. Durkan asked the Minister for Health and Children if school medical examinations have been carried out at all schools here; if there has been the necessary follow up on such examinations; and if she will make a statement on the matter. [27057/09]

Bernard J. Durkan

Question:

48 Deputy Bernard J. Durkan asked the Minister for Health and Children the most commonly detected health issues discovered during school medical examinations in each of the past three years; the degree to which action has followed arising from same; and if she will make a statement on the matter. [27058/09]

I propose to take Questions Nos. 47 and 48 together.

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

Health Service Allowances.

Sean Sherlock

Question:

49 Deputy Seán Sherlock asked the Minister for Health and Children if she will review a decision relating to an application for mobility allowance by a person (details supplied) in County Cork; and if she will make a statement on the matter. [26831/09]

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 Charges.

Sean Sherlock

Question:

50 Deputy Seán Sherlock asked the Minister for Health and Children if a refund of money in respect of a bill for respite care will be awarded to a person (details supplied) in County Cork; and if she will make a statement on the matter. [26832/09]

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

Infectious Diseases.

Phil Hogan

Question:

51 Deputy Phil Hogan asked the Minister for Health and Children if she will review the possibility of making Lyme disease notifiable to health authorities; and if she will make a statement on the matter. [26836/09]

Lyme disease (also known as Lyme borelliosis) is an infection caused by a bacterium called Borrelia burgdorferi which is transmitted to humans by bites from ticks infected with the bacteria. The infection is generally mild affecting only the skin, but can sometimes be more severe involving other organs. Ramblers, campers and those who work in such areas especially if they come into contact with large animals are at greatest risk of being bitten by ticks and of going on to develop the disease.

Lyme disease is not a notifiable infectious disease in Ireland. This means that there is no legal requirement on doctors to report cases to their local Director of Public Health, so this makes estimates of incidence difficult. However, the schedule of infectious diseases is reviewed on a periodic basis and inclusion of Lyme disease will be considered in the future. A number of cases are diagnosed each year, but the true figure is unknown. However, research has determined that there are about 30 human cases per year in Ireland.

A fact sheet on Lyme disease, developed by the Vectorborne Subcommittee of the Scientific Subcommittee of the Health Protection Surveillance Centre (HPSC), is available on their website (www.hpsc.ie) to provide members of the general public and media with advice on minimising the risk of Lyme disease. In the future, this committee intends to publish Clinical Guidance on the management of Lyme disease and raising awareness of this condition among clinicians.

Dáil na nÓg.

David Stanton

Question:

52 Deputy David Stanton asked the Minister for Health and Children the action taken (details supplied) following the deliberations of Dáil Na nÓg 2009; and if she will make a statement on the matter. [26847/09]

Dáil na nÓg is the annual national parliament for young people aged 12-18 years. The OMCYA is responsible for funding and overseeing Dáil na nÓg. Since 2003, a consortium comprising the National Youth Council of Ireland (NYCI), Foróige and Youth Work Ireland has organised Dáil na nÓg in cooperation with the OMCYA.

200 teenage delegates attended the eighth annual Dáil na nÓg which took place on 20 February 2009 in Croke Park, Dublin and discussed the issues of physical health and mental health. The top three recommendations voted by delegates on physical health were:

1. The cervical cancer vaccine should be made available free of charge for all 12-18 year old girls;

2. All young people should have access to sex education, which is appropriate to individual needs, comprehensive and varied in delivery;

3. P.E. should be prioritised and properly funded, both in and out of school.

The top three recommendations voted by delegates on mental health were:

1. A structured SPHE course should be implemented for senior cycle students, incorporating positive mental health awareness and development of an on-line support service;

2. The establishment of mandatory mental health awareness workshops in all schools, to raise awareness about symptoms, supports and effects of mental health issues;

3. A nationwide awareness campaign to promote positive mental health, decrease the stigma, aimed at reducing the numbers of suicides among young people.

One representative from each Comhairle na nÓg is elected to the Dáil na nÓg Council, which follows up on the recommendations from the Dáil and tries to make changes for young people in those areas. The council has a term of office of one year and meets once a month and is supported by the OMCYA and NYCI.

To date three meetings of the council have taken place and they have had the opportunity to discuss the recommendations in more detail, meet with key policy makers relevant to their issues and begin to identify a course of action to deliver on these recommendations. The council members have also undertaken research relevant to their issues between meetings and this has informed their deliberations to date.

The next meeting of the council will take place on Thursday, 2 July 2009.

Medical Cards.

Richard Bruton

Question:

53 Deputy Richard Bruton asked the Minister for Health and Children further to Parliamentary Question No. 226 of 23 June 2009, if she will define the term financially independent of their parents; and the minimum weekly means necessary to be viewed as financially independent. [26856/09]

As I indicated in response to Parliamentary Question No. 226 of 23 June last, persons aged 16 years or older, who are financially independent of their parents, including those living with their parents, are assessed independently. In such cases, the determination of eligibility for a medical card is based on their own income. The assessment is carried out in accordance with the Health Service Executive's general medical card and GP Visit card income guidelines. Under these guidelines, applicants aged 16-25 years, including students, who are in receipt of income equivalent to or greater than the current rate of supplementary welfare allowance are deemed to be financially independent.

Health Service Expenditure.

Joe McHugh

Question:

54 Deputy Joe McHugh asked the Minister for Health and Children the amount of money spent by the Health Service Executive in 2005, 2006, 2007, and 2008 on services (details supplied); and if she will make a statement on the matter. [26872/09]

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

Health Service Staff.

Michael D. Higgins

Question:

55 Deputy Michael D. Higgins asked the Minister for Health and Children her views on the fact that, despite assurances given, there is a lack of audiological provision here, in particular in Galway; if, in view of the fact that the post of senior audiological scientist has been sought for seven years for Galway and was sought prior to the moratorium announced for new appointments under the aegis of her Department, this moratorium will be lifted for this appointment and post; her further views on whether the filling of such a post is a priority; and if she will make a statement on the matter. [26874/09]

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

Community Pharmacy Services.

Dinny McGinley

Question:

56 Deputy Dinny McGinley asked the Minister for Health and Children if her attention has been drawn to the fact that members of an association (details supplied) have given notice of the withdrawal of service from 1 August, 2009; the steps she will take to avoid such a development; and if she will make a statement on the matter. [26894/09]

I am aware that a small number of community pharmacists have indicated their intention to withdraw from participation in the community drugs schemes in the light of my decision to reduce certain payments under the Financial Emergency Measures in the Public Interest Act 2009.

These measures are absolutely necessary for two reasons. Firstly, the cost of the community drugs schemes has doubled since 2002 to more than €1.6 billion in 2008 and fees and other income earned by pharmacists have doubled accordingly. Secondly, it cost an exorbitant €640 million to get €1 billion of drugs from the factory gate to the patient in the community in 2008. This has to be reduced. Given the current financial circumstances of the country — indeed, in any circumstances — this growing level of cost is unjustifiable and unsustainable.

Savings from the combined effect of these measures have been estimated at €55 million for the remainder of this year and €133 million on a full year basis. This is almost exactly what would have been saved if I had imposed an across the board 8% reduction in fees and retail mark-ups and reimposed the reduction in wholesale mark-up to 8%, as attempted by the HSE last year. However, I have decided to achieve broadly the same level of reduction through a revised common fee structure for dispensing, a reduced retail mark-up, removal of the special payment for over-70s dispensing which is no longer appropriate given the changes in medical card eligibility arrangements, along with the lesser wholesale reduction.

The approach I have taken addresses pharmacists' concerns that the current GMS dispensing fee is inadequate and provides for a standard dispensing fee structure across schemes. This will benefit pharmacies serving remote areas and socially deprived communities.

I believe that threats of withdrawal from the community pharmacy contract are unjustified and not in patients' interests. There can be no grounds for causing upset or anxiety about the supply of prescriptions to patients.

Medical Cards.

Ned O'Keeffe

Question:

57 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will investigate an application for a medical card by a person (details supplied) in County Cork. [26908/09]

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

Health Service Staff.

Paul Nicholas Gogarty

Question:

58 Deputy Paul Gogarty asked the Minister for Health and Children the policy decision that has led to a cap on recruitment within the Health Service Executive as well as a cap on hours provided; if discretion exists for the appointment of much-needed frontline staff, such as occupational and speech and language therapists; and if she will make a statement on the matter. [26932/09]

In order to implement savings measures on the number of public service staff, the Government introduced a moratorium on recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade with effect from 27 March 2009 to end 2010. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services.

The Government decision is being implemented in such a way as to ensure that key services are maintained in so far as possible in the health services, particularly in respect of children at risk, older people and persons with a disability.

The employment control framework specifically exempts staff in the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Therapists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. In addition, special provisions apply in relation to Clinical Engineering Technicians, Dosimetrists, Physicists, and Radiation Therapists, which are specialist grades under the National Cancer Control Programme.

The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care.

The HSE will be focusing on the scope that exists within the health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community and to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this.

Hospitals Building Programme.

James Reilly

Question:

59 Deputy James Reilly asked the Minister for Health and Children if a cost benefit analysis has been carried out on the new national paediatric children’s hospital at the Mater Hospital site, Dublin, in view of the fact that €20 million can be saved from greater co-ordination between the three children’s hospitals; and if she will make a statement on the matter. [26939/09]

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

Health Service Executive Expenditure.

James Reilly

Question:

60 Deputy James Reilly asked the Minister for Health and Children if, in view of the fact that the National Treasury Management Agency said that some €20 million could be saved each year through improved banking practices in the Health Services Executive, if such improvements have been made; the amount of money saved; if all of the NTMA recommendations have been implemented; and if she will make a statement on the matter. [26940/09]

A review of Treasury Management and Banking Arrangements of the Health Service Executive was, at the request of the Department of Finance, carried out by the National Treasury Management Agency (NTMA) and completed in December 2006. Implementation of the recommendations contained in the report is the responsibility of the Health Service Executive and it established a Financial Services Steering Group and other implementation groups to implement the review. My Department has requested the Parliamentary Affairs Division of the Executive to provide details of implementation and to have a reply issued directly to the Deputy.

Health Services.

Denis Naughten

Question:

61 Deputy Denis Naughten asked the Minister for Health and Children the position regarding the roll out of sexual assault treatment units on a regional basis; and if she will make a statement on the matter. [26943/09]

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

Denis Naughten

Question:

62 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 294 of 21 October 2008, the position regarding the implementation of the report of the Universal Neonatal Hearing Screening Group; and if she will make a statement on the matter. [26944/09]

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

Hospital Accommodation.

Denis Naughten

Question:

63 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 255 of 17 February 2009, the position regarding the construction of this project. [26945/09]

St. Vincent's University Hospital is the national adult tertiary referral centre for patients with cystic fibrosis and treats over 50% of the adult population with the condition. Refurbishment work took place last year in the hospital to provide eight single en-suite rooms for the exclusive use of people with cystic fibrosis.

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 accommodation for cystic fibrosis patients with appropriate isolation facilities for the treatment of their condition.

I am anxious to ensure that the project is delivered without delay. Tenders for this development will be issued shortly, which should result in the signing of a contract before the end of the year. It is intended that the construction, equipping and commissioning of this block will be completed as early as possible in 2011.

Hospital Staff.

Denis Naughten

Question:

64 Deputy Denis Naughten asked the Minister for Health and Children the steps being taken to resolve the industrial dispute at Portiuncula Hospital, Ballinasloe, County Galway; and if she will make a statement on the matter. [26947/09]

The issue raised by the Deputy relates to an internal operational matter in Portiuncula Hospital which is being managed by the HSE. However, my Department has been informed by the HSE that concerns were raised by senior nurse management in relation to communication, morale and working relations, and the hospital management engaged a third party to undertake a review which would include recommendations as appropriate. This approach was agreed with the Irish Nurse's Organisation (INO) who advised their members to participate in the process.

This process involved an independent review of the HSE Disciplinary Procedure in this case, with recommendations for future situations and that an agreed mediator would be appointed to manage an orderly return to work for those Assistant Directors of Nursing (ADoNs) involved.

Mediation hearings were held on 9th December 2008 and 12th January 2009. They were organised by the Health Service Executive — Employers Agency (HSEEA), but did not prove successful. HSE Management contacted the INO and confirmed its intention to attend conciliation with a view to securing an acceptable accommodation which will allow for the orderly return to work of the five ADoNs.

The dispute was referred to the Labour Court on 24th March 2009. The recommendation of the Labour Court, which was received on 26th June 2009, was that the mediation process should be resumed and concluded within one month. The Court has nominated a mediator to undertake this process.

Child Care Services.

Denis Naughten

Question:

65 Deputy Denis Naughten asked the Minister for Health and Children if approval will be granted for an application in respect of a school (details supplied) in County Roscommon; and if she will make a statement on the matter. [26948/09]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme (NCIP) 2006 — 2010 under which capital grant funding is made available to community and commercial child care providers for the development of child care facilities.

With the economic downturn Government expenditure, particularly in the area of new capital commitments, was reviewed earlier this year. As a result, with the exception of a limited number of projects, it was necessary to inform all NCIP capital grant applicants including the applicant referred to by the Deputy, that no further applications were being approved and that the programme was closed to additional applications. Existing capital commitments will continue to be processed during 2009 and 2010.

The City and County Childcare Committees will be advised by my Office if and when additional capital funding becomes available to my Office in 2011 and 2012.

Services for People with Disabilities.

Bernard J. Durkan

Question:

66 Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which it is intended to continue to provide financial support and assistance to ensure the continued operation of the full range of facilities at a service (details supplied) in County Kildare; if her attention has been drawn to the commitments, ongoing needs and future requirements of children and adults in this category; her views on the need to make substantially increased provision in the future in view of the expected requirements; and if she will make a statement on the matter. [27062/09]

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.

Nursing Home Costs.

Enda Kenny

Question:

67 Deputy Enda Kenny asked the Minister for Health and Children the weekly cost of nursing homes in Dublin as compared to other parts of Ireland for fee paying patients; the reason the difference in charges applies; and if she will make a statement on the matter. [26971/09]

I understand that the Deputy is referring to the weekly cost of private nursing homes in Dublin and elsewhere.

I would firstly point out that such homes are private enterprises. As such, it is a matter for each individual nursing home to determine the price charged for services. That said, the price may be expected to be influenced by the prevailing market conditions within the locality in which the nursing home is operating.

The most recent survey by Nursing Homes Ireland found that in 2007 the overall average weekly bed price nationally was €778. By contrast, the average weekly price in Dublin and the surrounding area was found to be between €922 and €966.

Finally, under the new Nursing Homes Support Scheme, the National Treatment Purchase Fund will be agreeing prices with private nursing homes for the purposes of the scheme. The prices will determine the maximum amount that may be charged for care services provided to people availing of financial support under the scheme. As such, they will also determine the maximum amount of financial support payable by the State under the scheme. It is intended to introduce the new Nursing Homes Support Scheme in the final quarter of this year.

Mental Health Services.

Bernard J. Durkan

Question:

68 Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which it is intended to offer psychiatric assessment in the case of a person (details supplied); and if she will make a statement on the matter. [27017/09]

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

Medical Cards.

Bernard J. Durkan

Question:

69 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. [27042/09]

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

Health Service Reform.

James Reilly

Question:

70 Deputy James Reilly asked the Minister for Health and Children further to her statement (details supplied), the way savings of between €4 million and €7 million could be made on blood products; and if she will make a statement on the matter. [27045/09]

During the recent debate I said that, "If Crumlin were to work more closely this year with St. James's Hospital in the area of blood products and in the procurement of drugs with the other two hospitals, they could save €4 million."

The additional €3 million relates to money the Hospital is owed by private health insurers.

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

Health Service Reports.

James Reilly

Question:

71 Deputy James Reilly asked the Minister for Health and Children the reason the Health Service Executive arthritis and allied conditions report completed in 2008 has not been published; and if she will make a statement on the matter. [27666/09]

The Working Group on Arthritis and Related Conditions was established by the HSE in 2006. The group's report is expected to be completed shortly and will then be considered by the HSE senior management team. It is intended that the work of the group will inform the future planning and delivery of services for people suffering from arthritis and related conditions.

There have already been significant developments in this area as a result of the 2005 report of Comhairle na nOspidéal, which recommended the recruitment of a number of additional Consultant Rheumatologists. The number of consultant posts overall increased from 16 in 2002 to 25.7 at present, including a post for children and young people at Our Lady's Children's Hospital, Crumlin. The recruitment of a second consultant rheumatologist in the North-West is underway. In addition, in the period 2005 to 2008, over 2,700 people were facilitated with rheumatology appointments by the National Treatment Purchase Fund.

Regional Airports.

Michael Ring

Question:

72 Deputy Michael Ring asked the Minister for Transport if he will provide funding to an organisation (details supplied) in County Mayo. [26850/09]

Under this scheme which was introduced in 2006, regional airports may be considered for annual subvention in respect of operating costs incurred in providing core airport services, to the extent that these cannot be met by prudent commercial management and by any surpluses available from other sources such as carparking charges and catering.

Applications in respect of 2009 are currently being examined. The airports have been advised that in view of constraints on Exchequer resources this year, it is likely that any payments under the scheme in 2009 will have to be made on a pro rata basis, with no airport getting the full amount it might otherwise expect.

Human Rights Issues.

Finian McGrath

Question:

73 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [26869/09]

I can advise the Deputy that I have received a copy of the report. It has also been circulated to my colleagues on the Cabinet Committee on Aspects of International Human Rights.

The Committee has met at official level and work on the issues within the remit of the Committee is being taken forward by the relevant Departments. Further Ministerial level meetings are also envisaged where consideration can be given to the report.

Fisheries Protection.

Joe McHugh

Question:

74 Deputy Joe McHugh asked the Minister for Transport the number of cameras that will be installed at fishing ports nationally; the ports that will be targeted for camera installation; the cost involved for such installations; the timeframe; and if he will make a statement on the matter. [26870/09]

My Department is responsible for the implementation of EU and International security requirements at all ports including fisheries harbours. However, there is no specific prescriptive requirement for the installation of security cameras under legislation administered by my Department. Such installations would be an operational matter for the port and harbours themselves.

The principal fishing ports are the six fishery harbour centres controlled by the Department of Agriculture, Fisheries and Food. Fisheries policy and regulation is a matter for my colleague the Minister for Agriculture, Fisheries and Food.

Road Safety.

Seán Barrett

Question:

75 Deputy Seán Barrett asked the Minister for Transport if he proposes to amend the Road Safety Authority Act 2006 and specifically the (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) in order that he can exercise influence in the way national car tests are arranged; the reason roadworthy four year old cars, many of which have low mileage, must be included; and if he will make a statement on the matter. [26889/09]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority (RSA) and I have no plans to change either the Order or the Road Safety Authority Act. At present the National Car Test (NCT) becomes a requirement for cars four years after first registration. This is in line with the minimum requirements of Directive 96/96/EC and I have no plans to amend it.

Garda Síochána Ombudsman Commission.

Joe Costello

Question:

76 Deputy Joe Costello asked the Minister for Transport if he has received a report from the Garda Síochána Ombudsman Commission regarding its investigation into the circumstances surrounding the issuing of an international road haulage operator’s licence to a person (details supplied); if he proposes to withdraw the licence arising from the findings of that investigation; and if he will make a statement on the matter. [26898/09]

I have not yet received the Report in question. It would be inappropriate for me to make any further comment on this matter until the Report has been received and examined.

Driving Tests.

Joe McHugh

Question:

77 Deputy Joe McHugh asked the Minister for Transport his views that the driving test here is not sufficient in preparing drivers for driving on roads; his further views on whether there is sufficient examination of drivers’ ability to perform an emergency stop, to parallel park, to drive on a dual carriageway or a roundabout with more than one lane; and if he will make a statement on the matter. [26899/09]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority.

Employment Rights.

John Deasy

Question:

78 Deputy John Deasy asked the Minister for Transport if his attention has been drawn to the fact that a company (details supplied) in County Waterford is unilaterally changing the terms of employment of pilot boatmen in Waterford harbour; his views on the fact that section 39(1) of the Harbours Act 1996 specifically guaranteed that employees of a harbour authority transferring to a port company would not be subject to less beneficial conditions of service or of remuneration; his further views on the fact that section 39(3) of the Harbours Act 1996 further guaranteed that employees of a harbour authority transferring to a port company could not have less favourable conditions in regard to tenure of office; and if he will make a statement on the matter. [26970/09]

This is an operational matter for the company concerned and it would not be appropriate for me to comment.

Closed Circuit Television Systems.

Caoimhghín Ó Caoláin

Question:

79 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if it is proposed to provide grant aid towards the provision of closed circuit television at an estate (details supplied) in County Westmeath. [26988/09]

The Community-based CCTV Scheme was launched in 2005 to provide financial assistance towards the capital costs of establishing a community CCTV system. To date two major rounds of this Scheme have been advertised, in 2005 and 2007. I am advised by Pobal who administer the scheme on behalf of my Department that no application was received in response to either of these rounds in respect of the estate referred to by the Deputy.

Whilst applications for funding under the Community CCTV Scheme are advertised periodically, any future plans for extension of CCTV are dependent on a number of factors including the availability of funding, the progression of schemes already grant aided and overall policy considerations.

Garda Stations.

Caoimhghín Ó Caoláin

Question:

80 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the provision of a new Garda station in Athlone, County Westmeath; and if it is planned to extend the current building incorporating the old social welfare building. [26826/09]

I am informed by the Garda authorities that a sketch scheme for Athlone Garda District Headquarters is currently being finalised with the Office of Public Works. The scheme incorporates the existing Garda premises and the adjacent State owned site previously occupied by the Department of Social, Community and Family Affairs.

The development of the project will be progressed having regard to the availability of capital funding.

Residency Permits.

Phil Hogan

Question:

81 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if a temporary facility will be provided for persons (details supplied) in view of their circumstances; and if he will make a statement on the matter. [26835/09]

I am pleased to inform the Deputy that letters have recently issued from my Department to the persons in question informing them that they have been granted permission to remain in the State until 5 April 2010. This permission to remain only becomes operative when the persons concerned have registered with the Garda National Immigration Bureau.

Visa Applications.

Brian Hayes

Question:

82 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the number of applications for an Irish student visa in each year over the past four years; the breakdown of the countries where such residents came from; if the visa application was approved or refused; the number in each case; and if he will make a statement on the matter. [26838/09]

The first table below contains figures in respect of all study visa application decisions for the years 2005 to 2008 inclusive.

Year

Total study visa applications decided

Approved

Refused

2008

6,801

4,563 (67%)

2,238 (33%)

2007

9,254

4,849 (52%)

4,405 (48%)

2006

6,516

3,548 (54%)

2,968 (46%)

2005

7,838

3,213 (41%)

4,625 (59%)

All study visa applications are decided by Department of Justice, Equality and Law Reform staff in the Dublin Visa Office or in one of six Irish Naturalisation and Immigration Service (INIS) hub Visa Offices worldwide, depending on the current residence of the applicant.

The following two tables detail the outcomes of all study visa applications in 2008 and 2007 respectively, under the headings of the Visa Office where the application was processed. Comparable figures are not available for earlier years.

Visa Office

2008

Total decisions

Approved

Refused

Abuja, Nigeria

270

104 (39%)

166 (61%)

Beijing, China

1,711

1,380 (81%)

331 (19%)

Cairo, Egypt

51

21 (41%)

30 (59%)

London UK

39

32 (82%)

7 (18%)

Moscow, Russia

1,695

1,624 (96%)

71 (4%)

New Delhi, India

1,126

603 (54%)

523 (46%)

Dublin*

1,909

799 (42%)

1,110 (58%)

Visa Office

2007

Total decisions

Approved

Refused

Abuja, Nigeria

184

97 (53%)

87 (47%)

Beijing, China

2,043

1,281 (63%)

762 (37%)

Cairo, Egypt

85

42 (49%)

43 (51%)

London UK

47

31 (66%)

16 (34%)

Moscow, Russia

881

826 (94%)

55 (6%)

New Delhi, India

1,683

937 (56%)

746 (44%)

Dublin*

4,331

1,635 (38%)

2,696 (62%)

*Applications by residents of Pakistan account for the largest proportion of study visa applications processed in the Dublin Visa Office.

Family Law.

Enda Kenny

Question:

83 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform his proposals to review the rights of fathers in the context of family law here; and if he will make a statement on the matter. [26888/09]

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

Under section 6 of the Guardianship of Infants Act 1964, the mother and father of children born within marriage are the joint guardians of their children. Under section 6A of that Act, 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 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.

There are no proposals to amend the law in this area although I can say that its operation continues to be kept under review.

Garda Síochána Ombudsman Commission.

Joe Costello

Question:

84 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he has received a report from the Garda Síochána Ombudsman Commission regarding its investigation into the circumstances surrounding the issuing of an international road haulage operator’s licence to a person (details supplied); if he proposes to recommend to the Department of Transport that the licence be withdrawn arising from the findings of the investigation; and if he will make a statement on the matter. [26897/09]

I have received correspondence from the Garda Síochána Ombudsman Commission regarding its investigation into the circumstances surrounding the issuing of an international road haulage operator's licence to the person referred to in the Deputy's question. The matter of the issuing or review of such licences is one properly for consideration by the Minister for Transport and I note that the Deputy has a tabled a Question to him on this matter today.

Citizenship Applications.

Martin Ferris

Question:

85 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the position regarding the naturalisation application of a person (details supplied) in County Kerry. [26901/09]

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.

Officials in that section are currently commencing further processing of applications received in early 2008. Applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. However, I understand that the person concerned is married to an Irish national and every effort is made to ensure those applications are dealt with as quickly as possible.

Asylum Applications.

Enda Kenny

Question:

86 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform if his Department has contacted a person (details supplied) in County Mayo; the further options open to this person in view of their particular circumstances; and if he will make a statement on the matter. [26912/09]

The person concerned applied for asylum on 28 February 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The letter dated 6 April 2009, referred to by the Deputy in the Question, was issued by the Refugee Appeal Tribunal to inform the person concerned that her appeal was refused. The reference to a "representative of the Minister" in this letter refers to the Ministerial Decisions Unit. This Unit, upon completion of all asylum applications, issue the Minister's final decision on the asylum application.

The person concerned was notified by the Ministerial Decisions Unit by letter dated 7 May 2009 that, in accordance with Section 3 of the Immigration Act 1999 (as amended), the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. 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 will be passed to me for decision.

Garda Operations.

Finian McGrath

Question:

87 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if persons (details supplied) in Dublin 11 will be supported. [26917/09]

I am informed by the Garda authorities that local Garda management is aware of two incidents involving the person referred to by the Deputy, one of which was fully investigated and resulted in one person being convicted. The other incident was fully investigated and a file sent to the Law Officers who directed that two persons be charged. The person referred to refused to give evidence in court, and the charges were dismissed. Local Garda management is satisfied that the two incidents are unrelated.

I am further informed that local Garda management has not received any further complaints from the person referred to. Any such complaints, if received, will be fully investigated.

The area referred to is subject to regular patrols by uniform and plain-clothes personnel, including the local Community Policing Unit, the Garda Mountain Bike Unit and the District Detective and Drug Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps Units. Checkpoints and other crime prevention and detection initiatives are regularly conducted in the area.

Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of a policing service to the area in question.

Prison Staff.

Charles Flanagan

Question:

88 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the position in respect of employment opportunities within the Prison Service; when recruitment will next take place; the number of places which will be available in 2009 and 2010; and if he will make a statement on the matter. [26936/09]

A public recruitment competition for Recruit Prison Officers was held during 2008 and a panel of candidates successful at the first round of the process was established. There are currently no vacancies at this grade in the Irish Prison Service and it is not possible to predict the number of vacancies that will arise during 2009 and 2010. The recruitment competition held in 2008 will provide for any required staffing should it be sanctioned in 2009 or 2010.

Departmental Correspondence.

Enda Kenny

Question:

89 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform if he has made a decision in respect of correspondence (details supplied); and if he will make a statement on the matter. [26937/09]

A final response issued to the individual concerned on 8 September 2008.

Human Rights Issues.

Denis Naughten

Question:

90 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 120 of 17 June 2009, the number of the 65 persons who have gone missing from either State accommodation or the address provided to the Garda following their release from custody, and their immigration status; the number who have been traced in each immigration category; and if he will make a statement on the matter. [26942/09]

I refer to Parliamentary Question No. 120 of 17 June 2009. With reference to the 65 persons being considered as potential victims of human trafficking, I am informed by the Garda Síochána that fifty-one are adults who have not been reported missing to the Garda Síochána. Fourteen were minors, four of whom were reported to the Garda Síochána as missing by the Health Service Executive. Two have since returned to the care of the HSE, one is believed to have transited to the UK (and is recorded as having been arrested in the UK in February, 2009, for selling counterfeit goods). In the remaining instance, the person was subsequently identified as being over 18 years of age.

The immigration status of the sixty-five persons is as detailed as follows:

Status

Number

Asylum Seeker

32

EU National

4

Stamp 4 (Refugee)

2

Stamp 4 (Irish Born Child)

1

Stamp 4 (Temporary Residence, Trafficking in Human Beings)

3

Stamp 3 (Recovery & Reflection Period, Trafficking in Human Beings)

1

Minors/Care HSE

14

Refused Leave to Land

1

Transferred

3

Deported

0

Illegal/No Status

3

Deportation Order

1

Evader

0

Total

65

Prison Building Programme.

Denis Naughten

Question:

91 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will provide updated costings on Parliamentary Question No. 384 of 24 June 2008; and if he will make a statement on the matter. [26950/09]

The cost and area of existing planting was addressed in my answer of 24 June 2008 and I also mentioned that additional planting is to be undertaken at a number of locations along the boundary of the site. The additional area in question amounts to approximately 1.6 hectares. The planting to be undertaken will form part of the preliminary work which is expected to be put out to tender later this year or early next year and as a result no further costings are available at this stage.

Prison Committals.

Charles Flanagan

Question:

92 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners currently in prison for debt default; the number imprisoned annually since 2000 to date in 2009 for debt default; if 21 days remains the average timeframe for debt defaulters to be imprisoned; and if he will make a statement on the matter. [26960/09]

Statistics on the number of persons committed to prison custody as a result of failure to comply with a court order in relation to the non-payment of a civil debt are set out in the following table. The table covers the years from 2001 to 2009.

Year

Total

2001

134

2002

184

2003

221

2004

200

2005

223

2006

194

2007

201

2008

276

2009

186 (until 30 June 2009)

Figures are not available for the year 2000 as the Prisoner Records Information System was only introduced in the course of that year.

Debtor offences comprise a failure to meet loan repayments to banks and other financial institutions, including credit unions, but also include failure to pay maintenance debt, hire purchase agreements or creditor loans.

The average length of sentence imposed for debt defaulters in 2009 is 24 days imprisonment. I can advise the Deputy that as of 30 June 2009 there are no persons in custody solely for debt default.

Imprisonment for non-payment of debt was abolished by the Debtors (Ireland) Act 1872. However, refusal to pay a contractual debt may amount to civil contempt of court, for which imprisonment may be imposed.

Brian O'Shea

Question:

93 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his proposals to rectify the situation arising from the recent decision of a judge in the High Court, which has led to the Attorney General instructing that warrants regarding committal orders for the non-payment of maintenance to separated spouses cease or be withdrawn; and if he will make a statement on the matter. [26973/09]

I can inform the Deputy that I have today published the Enforcement of Court Orders (Amendment) Bill 2009. The amendments proposed in the Bill will replace section 6 and amend section 8 of the Enforcement of Court Orders Act 1940 and will address the issues raised by the High Court decision to which the Deputy refers.

Garda Deployment.

Caoimhghín Ó Caoláin

Question:

94 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the promised provision of an adequate Garda water support unit in Athlone; his views on providing the facility at the derelict Office of Public Works building adjoining the river at The Docks, Athlone; and if he will make a statement on the matter. [26986/09]

The Garda Water Unit is based in Santry and Athlone and I am informed by the Garda authorities that Garda management is satisfied that the equipment and the number of personnel available to the Water Unit is adequate to meet current demand. Of a total of two Sergeants and fourteen Gardaí attached to the Unit, one Sergeant and eight Gardaí are allocated to Athlone.

Plans are being developed for the longer term accommodation requirements of the Unit and will be progressed in the context of available resources. In the interim, significant additional accommodation is being provided adjacent to the existing station in Athlone. I am advised by the Office of Public Works that the building referred to by the Deputy is currently in use and would not in any event be suitable to meet the accommodation requirements of the Garda Unit.

Asylum Applications.

Bernard J. Durkan

Question:

95 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details suppled) in County Meath; and if he will make a statement on the matter. [26994/09]

The person concerned applied for asylum on 19 August 2002. 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 28 August 2003, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were received from the person concerned.

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

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

Bernard J. Durkan

Question:

96 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [26995/09]

I refer the Deputy to Parliamentary Questions No. 323 of Tuesday 31 March 2009, No 312 of Tuesday 16 December 2008, No. 928 of Wednesday 24 September 2008 and No. 829 of Tuesday 17 June 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 1 July 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 February 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 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:

97 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 8; and if he will make a statement on the matter. [26996/09]

The person concerned applied for asylum on 4 January 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 16 January 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:

98 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 8; and if he will make a statement on the matter. [26997/09]

The person concerned applied for asylum in the State on 28 September 2008. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 January 2009, 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 is passed to me for decision.

Bernard J. Durkan

Question:

99 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26998/09]

I refer the Deputy to Parliamentary Questions No. 139 of Thursday, 5 March 2009 and No. 200 of Thursday, 2 October 2008, and the written Replies to those Questions.

The person concerned applied for asylum on 19 October 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 May 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

By letter dated 3 January 2008, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned did not submit such an application. Following consideration of the case of the person concerned, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a Deportation Order was signed by the Minister in respect of the person concerned on 26 February 2008. This Order was formally served by registered post dated 11 March 2008.

The person concerned instituted Judicial Review Proceedings on 7 April 2008 challenging the Deportation Order. The Judicial Review Proceedings were subsequently settled. Among the Terms of Settlement were provisions that the Deportation Order would be revoked and the person concerned would be enabled to submit fresh representations in support of an application for permission to remain in the State. The Deportation Order has since been revoked. The person concerned was invited to provide fresh representations under section 3(3)(a) of the Immigration Act, 1999 (as amended). Representations have been submitted on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the case file of the person concerned is passed to me for decision.

Bernard J. Durkan

Question:

100 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 15; and if he will make a statement on the matter. [26999/09]

I refer the Deputy to Parliamentary Questions No. 108 of Thursday 4 December 2008 and the written Reply to that Question.

The person concerned applied for asylum on 24 June 2003. As part of the process of having his asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 9 August 2004. The person concerned did not attend for interview on this date, nor did he furnish an explanation for his failure to attend. Consequently he was informed, by letter dated 31 August 2004, that the Refugee Applications Commissioner had recommended to the Minister for Justice, Equality and Law Reform that he should not be declared to be a refugee, in accordance with the provisions of Section 13 (2) of the Refugee Act 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 15 September 2004, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted by the person concerned.

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

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

Bernard J. Durkan

Question:

101 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [27000/09]

The person concerned applied for asylum on 5 October 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 June 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. The case file of the person concerned, including any representations submitted, now fall to be considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement before the case file is passed to me for decision.

Residency Permits.

Bernard J. Durkan

Question:

102 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [27001/09]

I am informed by the Irish Naturalisation and Immigration Service (INIS), that from 1st January, 2007 on the accession of Romania to the EU, citizens of this country are covered by the provisions of the European Free Movement of Persons Directive. Romanian nationals are entitled to free movement rights in common with all other EU citizens, apart from the labour market restriction which was placed on them under the Government decision of 24 October, 2006.

Free movement rights mean that Romanians do not require an Irish visa as a precondition of entry to the State. Also, it is not permitted to place an immigration stamp in the passport of an EU citizen. Romanian nationals, like all other EU citizens, can move to and reside in Ireland. They can enter Ireland, like any other EU citizen, on production of their passport or national identity card and they can remain in Ireland for up to 3 months without conditions. However, in order to remain in Ireland for more than three months they must either:

be in employment or

be self employed or

be studying here and have comprehensive sickness insurance or

be self-sufficient and have comprehensive sickness insurance to cover themselves and any other family members while they are in the State.

Under the Government decision regarding work, Romanian nationals cannot take up employment in Ireland unless they get a Work Permit or unless they are otherwise exempt from that requirement. Romanians nationals who do not need an Employment Permit include the following categories;

A Romanian national who has been resident in the State as the holder of an employment permit which expired on or after the 31st December 2006, for an uninterrupted period of 12 months or longer.

A Romanian national who was resident in the State prior to 1st January 2007 and is the spouse/dependent of an EU national who does not require an employment permit.

A Romanian national resident in the State who is self employed.

A Romanian national who entered the State on or after 1st January 2007 who is the spouse/dependent of an EU national other than a Romanian or Bulgarian national.

The spouse or dependents of a Romanian worker who has lived in Ireland with the Romanian worker for more than 18 months after the accession of Romania to the EU.

The issuing of work permits is a matter for the Department of Enterprise, Trade and Employment.

Citizenship Applications.

Bernard J. Durkan

Question:

103 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the case of refusal of an application for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [27002/09]

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 2006. This application was considered under the provisions of the Irish Nationality and Citizenship Act, 1956, as amended, and I decided not to grant a certificate of naturalisation. A copy of the submission on the matter, with my decision annotated thereon, was sent to the person in question on 15 June, 2009. In reaching this decision, I exercised my absolute discretion, as provided by the Irish Nationality and Citizenship Act, 1956, as amended. There is no appeals process provided under this legislation. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at any time. However, in doing so she should bear in mind all the reasons for refusal of her previous application.

Asylum Applications.

Bernard J. Durkan

Question:

104 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [27003/09]

The person concerned applied for asylum in the State on 22 September 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 August 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).

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

Residency Permits.

Bernard J. Durkan

Question:

105 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will arrange for the reissue of the grant of residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [27005/09]

I refer the Deputy to Parliamentary Questions No. 121 of Thursday 18 June 2009 and the written Reply to that Question. The persons concerned, a husband and wife, have been granted temporary permission to remain in the State. This was notified to them, by separate, letters dated 24 July 2008 to their last known address as notified to the Department by them. Officials in my Department have confirmed that, as an exceptional measure, they will reissue the letters to the persons concerned to the address as notified in the Deputy's Question.

Asylum Applications.

Bernard J. Durkan

Question:

106 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the application for residency or citizenship in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [27006/09]

The Deputy will be aware of the history of this case from previous Dáil replies. The person concerned is the subject of a Deportation Order following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. In addition he has been evading his deportation since 10 August 2004 and should therefore present himself to the Garda Authorities with any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State. Notwithstanding the foregoing, if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3(11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.

Bernard J. Durkan

Question:

107 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [27007/09]

The person concerned arrived in the State and claimed asylum on 11 December 2006. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Following the formal refusal of the asylum application, the case was considered under Section 3 of the Immigration Act, 1999 (as amended). Following the detailed consideration of the case, including all representations submitted by him and on his behalf, a Deportation Order was signed in respect of him on 23 March 2009.

Through his legal representative, the person concerned initiated Judicial Review Proceedings in the High Court on 22 April 2009 challenging the decision to make a Deportation Order in respect of him. As these proceedings are ongoing the matter is now sub judice and it would not be appropriate for me to comment further on this case at this time.

Bernard J. Durkan

Question:

108 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or citizenship in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [27008/09]

I refer the Deputy to Parliamentary Question No. 149 of Thursday, 19 February 2009, and the written Reply to that Question.

The first named person concerned applied for asylum on 14 April 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 first named person concerned was informed, by letter dated 20 February 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 first named 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 first named person concerned will be notified in writing of the outcome.

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

The second named person concerned, the wife of the first named person concerned, applied for asylum on 15 June 2005. She also 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 second named 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 by the second named person concerned at that time.

The second named person concerned was invited, by letter dated 6 October 2008, 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:

109 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency or citizenship in the case of a person (details supplied) in County Dublin. [27009/09]

I refer the Deputy to my detailed reply to Parliamentary Question No. 80 of Thursday, 9 April 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Question:

110 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. [27010/09]

I refer the Deputy to Parliamentary Question No. 157 of Thursday 21 May 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:

111 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 Dublin; and if he will make a statement on the matter. [27011/09]

I am informed by the Irish Naturalisation and Immigration Service that the person referred to by the Deputy entered this State on 28 December 2007 and registered with the Garda National Immigration Bureau as a student on 25 January 2008. Her current permission to remain as a student will expire on 4 January 2010. To date we have not received an application from the person referred to, to have her status in the State changed.

The sister of the person to whom the Deputy refers was granted permission to remain under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. The granting of such permission does not confer any entitlement or legitimate expectation on any other person, whether related to her or not, to enter or remain in the State.

Asylum Applications.

Bernard J. Durkan

Question:

112 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review his previous decision in the matter of residency in the case of a person (details supplied) in Dublin 15 on the grounds that the applicant was not fully aware of the requirements and on the basis of a recent submission from legal representatives; and if he will make a statement on the matter. [27012/09]

The Deputy will be aware, from previous Dáil replies in this matter, that the person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. The Deputy will also be aware that the person concerned evaded his deportation from 30 October 2003 until 21 May 2009 when he began presenting, as required, at the Garda National Immigration Bureau (GNIB). On that occasion he was given a further presentation date which he kept. He is due to present again on Thursday 2 July 2009.

While commencing to comply with his presenting requirements at the GNIB is a step in the right direction, it doesn't alter the fact that the person concerned remains subject to an extant Deportation Order. As stated by me in a previous Reply, Section 3(11) of the Immigration Act, 1999, as amended, provides the Minister with a power to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such application submitted would be considered on its merits, having due regard to all refoulement issues, and following such consideration, a decision would be taken to either affirm or revoke the Order. No representations have been received to date in this regard. The enforcement of the Deportation Order in this case remains an operational matter for the GNIB.

Bernard J. Durkan

Question:

113 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 Louth; and if he will make a statement on the matter. [27013/09]

I refer the Deputy to Parliamentary Questions No. 653 of Tuesday 27 January 2009 and the written Reply to that Question.

The person concerned applied for asylum on 8 April 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and 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:

114 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 County Roscommon; and if he will make a statement on the matter. [27014/09]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made a Family Reunification application in respect of her husband in April 2008. The Family Reunification Division of INIS has recently been in contact with the person in question requesting further information and documentation. On receipt of that information the application will be processed further.

Citizenship Applications.

Bernard J. Durkan

Question:

115 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of citizenship in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [27015/09]

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 November 2007. The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in early 2008. 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. However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the matter of the application for citizenship in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [27016/09]

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 July 2006. Officials in that Section inform me that the application is in the final stages of processing and the file will be submitted to me for a decision in due course.

Garda Investigations.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to all of the women who have disappeared over the past 25 years particularly in the Leinster area; if investigations are ongoing; if the files are open; if all repots relative to the disappearances have been thoroughly followed up; if the families have been kept up to date; if all reports have been fully investigated; and if he will make a statement on the matter. [27059/09]

I am informed by the Garda authorities that investigations in respect of all missing persons remain open and any new information received is the subject of investigation. Liaison is maintained with their families, who are apprised of any significant developments.

Operation Trace was established in October, 1998. The original objectives of the investigation team under this Operation were to trace, review and collate all evidence pertaining to the separate Garda investigations into the tragic disappearance of six women in the Leinster area. Subsequently the investigations into the disappearance of three other missing women were also reviewed.

Operation Trace, in conjunction with the Garda District Officers in the areas where the women went missing, continues to take a proactive role in the investigations of the disappearance of these women. In particular, information and intelligence relevant to the Operation continue to be collated and integrated into a dedicated stand-alone database maintained for the purpose of the Operation. A Detective Superintendent retains operational responsibility to ensure that all information and queries received are identified, registered and acted upon. The Detective Superintendent also ensures that liaison is maintained with the families of these missing women, to ensure that they are kept apprised of any progress or developments arising from information received or lines of enquiry being pursued. Regular public appeals are made for assistance from the public.

An Garda Síochána has devoted significant resources, time and investigative skill to the investigation of these disappearances. Over time the cases have been subject to numerous reviews to ensure that the Gardaí maximise any new investigative opportunities and that they employ the most up-to-date techniques and methods in line with best international practice.

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of unsolved murders over the past 20 years; the number that have occurred in the past ten years; the extent of ongoing investigations into such cases; and if he will make a statement on the matter. [27060/09]

I am informed by the Garda authorities that the following table sets out the number of murders recorded and detected in each year from 1989 — 2008 and in 2009 up to 29 June. Figures provided are provisional, operational and liable to change. I am further informed that a breakdown of the current position in outstanding cases as requested by the Deputy is not readily available and could only be provided by the disproportionate expenditure of Garda time and resources.

The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that over time the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts, as there are inevitably time lapses between the commencement of a criminal investigation, proceedings being commenced and convictions secured. 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.

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 Security Programme is in place.

Number of cases of murder recorded and detected each year from 1989-2008 and in 2009 up to 29 June

Year

Recorded

Detected

2009

29

10

2008

50

36

2007

77

60

2006

62

45

2005

52

32

2004

30

26

2003

37

25

2002

50

43

2001

44

39

2000

32

27

1999

28

20

1998

38

34

1997

38

34

1996

42

33

1995

43

32

1994

25

20

1993

23

20

1992

25

20

1991

23

20

1990

17

15

1989

17

15

Figures provided are provisional, operational and liable to change.

Departmental Expenditure.

Arthur Morgan

Question:

119 Deputy Arthur Morgan asked the Minister for Foreign Affairs the budget allocated for the provision of the Government of Ireland scholarship to the MEconSc programme in European economic and public affairs in UCD; the budget for the programme for previous years; and the percentage of the education budget devoted to this scholarship. [26957/09]

Arthur Morgan

Question:

120 Deputy Arthur Morgan asked the Minister for Foreign Affairs the details of what the Government of Ireland scholarship to the MEconSc programme in European economic and public affairs in UCD covers in respect of tuition fees, of accommodation and of miscellaneous expenses; and the breakdown of the expenditure that the scholarship has incurred in each of these categories for 2009 and previous years. [26958/09]

Arthur Morgan

Question:

121 Deputy Arthur Morgan asked the Minister for Foreign Affairs the number of participants who will be in receipt of the Government of Ireland scholarship to the MEconSc programme in European economic and public affairs in UCD for the academic year 2009-2010; and the number of recipients in previous years. [26959/09]

I propose to take Questions Nos. 119 to 121, inclusive, together.

The Department of Foreign Affairs has funded scholarships for civil servants from candidate countries and new Member States in UCD since 2002. The programme is funded from a budget line of the Department of Foreign Affairs relating to a programme of support for public administrations in candidate countries and new Member States to improve their capacity to deal with the demands of membership and has no implications for the Education budget. This programme is designed to facilitate the building of productive links between Ireland and those countries that have recently joined the EU or are candidates for membership.

The Government of Ireland Scholarship currently funds six students at a cost of €300,000 for a year's study in the UCD School of Politics and International Relations towards an MEconSc in European Economic and Public Affairs. The scholarships include fees, accommodation (usually on-campus), expenses for obligatory field trips to Brussels and Florence, but not a living stipend. A breakdown for the various categories covered is not available but the bulk of the scholarship goes towards fees, which may vary depending on whether the scholarships are awarded to EU students or those from candidate countries. The total expenditure on the Scholarships since 2002 has been €2.267 million.

The students are selected, by UCD, on merit from the public administrations of the new and candidate states with the double aim to improve the training and education of individual public servants and to increase the reputation and influence of Ireland among a growing cadre of actual and potential senior public servants. To date, 80 students have availed of the programme from 14 of the 15 eligible countries (the twelve accession Member States and the candidate states Croatia, Turkey and the Former Yugoslav Republic of Macedonia), including the six students who have recently completed the course in the 2008-2009 academic year. As the application process for the academic year 2009-2010 is still underway, the number of beneficiaries in 2009/2010 has not yet been determined but is likely to be in or around the same number as the 2008-2009 academic year.

Apart from the obvious value of the programme to the participants and the countries they represent, the development of a body of officials with a generally positive experience of Ireland and an understanding of Irish society and administration is of great assistance in building networks of contacts. This is of great value in the work of our Embassies and is of particular importance in countries with which Ireland has limited traditional links.

Cabinet Committees.

Joe Costello

Question:

122 Deputy Joe Costello asked the Minister for Foreign Affairs when the Cabinet sub-committee on aspects of international human rights was established; the regularity with which it has met; the members of the sub-committee; if it has discussed the illegal practice of extraordinary rendition; when it proposes to make its report; and if he will make a statement on the matter. [26895/09]

The Cabinet Committee on Aspects of International Human Rights was established on 30 October 2008, and held its first meeting on that day. The Committee has met since at senior official level, and a further Ministerial meeting is envisaged in the near future. Extraordinary rendition is one of the areas under its remit. The formal meetings of the Committee supplement the ongoing consideration of extraordinary rendition and other issues under its remit as part of the Cabinet's normal work programme. The Committee membership comprises the Department of the Taoiseach, the Department of Foreign Affairs, the Department of Transport, the Department of Justice, Equality and Law Reform, the Department of Defence, the Department of the Environment and Local Government, and the Department of Communications, Energy and Natural Resources.

Emigrant Support Services.

Michael D. Higgins

Question:

123 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the position regarding the work being carried out seeking to regularise the position of undocumented persons in the United States of America; if there is the prospect of an imminent breakthrough in this matter; and if he will make a statement on the matter. [26911/09]

The Government attaches the highest importance to resolving the plight of our undocumented citizens in the United States. We have emphasised our strong support for the undocumented in all our engagements with the US Administration and Congress, including during meetings with President Obama and Secretary of State Clinton in Washington this March. Earlier this week, the Taoiseach and I discussed the issue in meetings with leading Congressional figures, including several key proponents of comprehensive immigration reform.

As the Deputy is aware, in the absence of comprehensive immigration reform, the Government has been actively pursuing a bilateral approach, aimed at facilitating greater legal migration between the two countries. The approach has had three core objectives: a reciprocal Working Holiday Agreement (now operational); new bilateral arrangements to provide reciprocal long term E3 working visas; and a solution for our undocumented.

While the inclusion of Ireland in an expanded version of the E3 programme would provide extensive new opportunities for Irish people to work in the United States and help ensure that a new generation of undocumented Irish does not develop, our friends on Capitol Hill have been clear that the status of the undocumented Irish cannot be addressed in isolation from other ethnic groups, including by way of an E3. Their advice is that the best prospect for a solution for the undocumented continues to lie with comprehensive immigration reform.

On 25 June, President Obama met with a range of key Congressional figures, including supporters and opponents of reform, to discuss this issue and identify how to begin fixing what he has described as a broken immigration system. His statement following the meeting that his ‘Administration is fully behind an effort to achieve comprehensive immigration reform' is very welcome. I also note the announcement that the Administration, under the direction of Secretary of Homeland Security, Janet Napolitano, will work with a leadership group from Congress to take forward the issue. As President Obama noted, however, immigration remains ‘a sensitive and politically volatile issue' in the United States. Bi-partisan support is considered vital to the success of comprehensive reform and our friends on Capitol Hill have made it clear that progressing legislation will continue to present significant challenges.

While encouraged by these recent developments, the immediate prospects for immigration reform remain uncertain. The Government is determined to continue to highlight the difficulties facing our undocumented citizens and to support the Administration in its efforts to implement reform.

National Drugs Strategy.

Caoimhghín Ó Caoláin

Question:

124 Deputy Caoimhghín Ó Caoláin asked the Minister for Community, Rural and Gaeltacht Affairs the number of calls made to the dial to stop drug dealing call centre with specific reference to Athlone; the number of these calls that were of some use to Athlone gardaí; the number of calls that were very useful to Athlone gardaí; the number of subsequent arrests and charges; his views on whether this scheme is a success worth investing in; if the scheme will be extended beyond the autumn 2009 deadline; and if he will make a statement on the matter. [26987/09]

As the Deputy is aware, the Dial to Stop Drug Dealing Campaign was launched on September 30th of last year. To date, almost 4,000 calls have been made to the phone line, and over 1,000 information reports have been made to the Gardaí as a result. The Gardaí have confirmed that there have been 9 reports received to date in relation to Westmeath and 7 of these calls relate to Athlone. All of those reports contained sufficient information to launch a preliminary investigation, and all of those investigations are ongoing.

The Deputy should note that calls are spread right across the country including areas that have not directly run a campaign. This highlights the fact that the confidential number used in the campaign is open to all to use regardless of the area one comes from. It should also be noted that from the outset the Dial-to-Stop Drug Dealing Campaign was to run over a discrete period of time. This was based on the findings from the initial pilot project in Blanchardstown in Dublin which found that the vast majority of calls were received early in the campaign following its launch.

Community Development.

Caoimhghín Ó Caoláin

Question:

125 Deputy Caoimhghín Ó Caoláin asked the Minister for Community, Rural and Gaeltacht Affairs his views on whether an estate (details supplied) in County Westmeath complies with the necessary criteria for RAPID designation. [26990/09]

As the Deputy is aware the Government has recently approved the inclusion of five new towns in the RAPID programme: Ballina, Co. Mayo; Dungarvan, Co. Waterford; Enniscorthy, Co. Wexford; Mullingar, Co. Westmeath and Rathkeale, Co. Limerick.

A review of existing RAPID areas is ongoing. This review is based on data generated by the 2006 census. Part of this review will involve consultation with local Area Implementation Teams, and this will allow local input into the review process. During this stage of the review consideration can be given to the inclusion of specific estates including the estate mentioned by the Deputy, based on local knowledge and specific local data. I hope to be able to make an announcement in relation to the existing RAPID areas in the coming months.

Departmental Bodies.

Joanna Tuffy

Question:

126 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs when elections to the Údarás na Gaeltachta will be held; and if he will make a statement on the matter. [26860/09]

In accordance with section 28(1) of the Údarás na Gaeltachta Act 1979 (as amended by section 1 of the Údarás na Gaeltachta (Amendment) Act 1999), elections shall be held from time to time as may be prescribed by regulations made by the incumbent Minister, subject to their being held at intervals which are neither less than four years nor more than five years and six months.

As the Deputy is aware, existing Údarás na Gaeltachta legislation is currently under review in the context of the recommendations contained in the Report of the Linguistic Study of the Use of Irish in the Gaeltacht and the work of the Cabinet Committee on Irish and the Gaeltacht. The last Údarás na Gaeltachta election was held on 2 April 2005. The date of the next election has not yet been decided but I can assure the Deputy that it will be held in due course in accordance with the relevant legislation in place at the time.

Security of the Elderly.

Enda Kenny

Question:

127 Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the remaining funds for 2009 for the scheme of community support for older people; the number of applications currently waiting to be assessed or approved; and if he will make a statement on the matter. [26914/09]

The Deputy will be aware that the decision to suspend the Scheme of Community Support for Older People was taken in the interests of stabilising the public finances and in the context of significant increases in demand under the Scheme in recent years. Applications to the value of €3.6m were approved under the Scheme in 2007 and this figure increased to €4.2m in 2008. On suspension of the Scheme on 7th April 2009 almost €1.5m worth of applications had been processed or were on hand for processing. In this context, demand for the full year 2009 could have been of the order of €6m if the scheme had not been suspended. This level of demand was clearly unsustainable in the current economic climate.

The suspension of the Scheme has afforded my Department the opportunity to initiate a comprehensive review and address a broad range of concerns that have been raised in respect of its operation in recent times. I can confirm that the review is currently underway and I hope to be in position to have it completed by the Autumn and provide a revised Scheme. I would like to assure the Deputy that all applications received prior to the suspension of the Scheme are being processed in line with the current eligibility criteria. To date some €1.2m has been paid to applicants and currently 38 applications are being processed and I anticipate that decisions in respect of these will be published over the coming weeks and related payments made.

Community Development.

Aengus Ó Snodaigh

Question:

128 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the level of funding and training available to residents’ associations; and if he will make a statement on the matter. [26924/09]

The groups referred to by the Deputy would, in the normal course of events, be eligible to apply for funding under The Programme of Training Grants for Community and Voluntary Organisations operated by my Department. However, this Programme was suspended on the 27th February 2009 due to the current financial situation.

Security of the Elderly.

Willie Penrose

Question:

129 Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if organisations or groups from Counties Westmeath and Longford made applications for approval for funding under the recent tranche of payments approved pursuant to the scheme of community support for older people; if so, the names of each organisation which sought such payment; the reason such payments were not made to them pursuant to the recent announcement by him on 9 June 2009; and if he will make a statement on the matter. [26984/09]

The Scheme of Community Support for Older People was suspended on 7 April. This was done with a view to affording my Department the opportunity to review the Scheme's operation and to consult with interested parties over the next few months to address a number of concerns. My Department is in the course of processing applications received on or before this date in line with a commitment given by me. Details of all grants paid are available on my Department's website on www.pobail.ie. Two groups in Longford and one group in Westmeath received funds since the beginning of the year. There remains one application pending which was received before suspension of the Scheme, which is now being processed and an announcement will be published in the coming weeks.

Caoimhghín Ó Caoláin

Question:

130 Deputy Caoimhghín Ó Caoláin asked the Minister for Community, Rural and Gaeltacht Affairs if investment is available following his review on the grant scheme from community bodies (details supplied) where elderly people could avail of increased security measures around their home. [26991/09]

The Scheme of Community Support for Older People was suspended on 7th April. This was done with a view to affording my Department the opportunity to review the Scheme's operation and to consult with interested parties over the next few months to address a number of concerns. The review is currently underway with a view to making a revised scheme available in the autumn.

Social Welfare Benefits.

Sean Sherlock

Question:

131 Deputy Seán Sherlock asked the Minister for Social and Family Affairs if she will review the decision whereby persons who are working in the public service and find themselves unemployed because they have not had their contract renewed due to rationalisation of the service must be claiming jobseeker’s allowance for 12 months before qualifying for the back to education allowance unlike those who have received statutory redundancy; and if she will make a statement on the matter. [26828/09]

The back to education allowance (BTEA) scheme is designed to help those in receipt of a social welfare payment who have not worked for a period of time to improve their employability and job-readiness by acquiring educational qualifications. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most.

From September 2007, a person who is awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

In all other circumstances, to qualify for the back to education allowance an applicant must be in receipt of a relevant Social Welfare payment for 3 months if pursuing a second level course or 12 months if pursuing a third level course. The 12 month waiting time is reduced to 9 months for persons who are participating in the National Employment Action Plan process or engaging with a Department facilitator. The scheme will continue to be monitored in the light of the changed economic circumstances to ensure that it continues to meet its objectives.

Social Welfare Appeals.

Bernard J. Durkan

Question:

132 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when an appeal in respect of unemployment assistance or benefit payment will be determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [27044/09]

The claim for jobseeker's allowance by the person concerned was refused by a Deciding Officer of the Department on the 03 February 2009 on the grounds that she did not satisfy the habitual residence conditions. An appeal was opened on 03 March 2009 and I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. These are now to hand and have been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Defence Forces Role.

John Deasy

Question:

133 Deputy John Deasy asked the Minister for Defence further to Parliamentary Question Nos. 179 to 185, inclusive, of 25 June 2009, the number of times members of the Defence Forces provided a guard of honour for the presentation of credentials by ambassadors in 2008 and to date in 2009; and if he will make a statement on the matter. [26965/09]

John Deasy

Question:

134 Deputy John Deasy asked the Minister for Defence further to Parliamentary Question Nos. 179 to 185, inclusive, of 25 June 2009, the number of times members of the Defence Forces provided a guard of honour for prime ministerial State visits in 2008 and to date in 2009; and if he will make a statement on the matter. [26966/09]

John Deasy

Question:

135 Deputy John Deasy asked the Minister for Defence further to Parliamentary Question Nos. 179 to 185, inclusive, of 25 June 2009, the number of times members of the Defence Forces provided a guard of honour for State visits by foreign heads of state in 2008 and to date in 2009; and if he will make a statement on the matter. [26967/09]

John Deasy

Question:

136 Deputy John Deasy asked the Minister for Defence further to Parliamentary Question Nos. 179 to 185, inclusive, of 25 June 2009, the number of times members of the Defence Forces provided an honour guard for State visits by the President in 2008 and to date in 2009; and if he will make a statement on the matter. [26968/09]

John Deasy

Question:

137 Deputy John Deasy asked the Minister for Defence further to Parliamentary Question Nos. 179 to 185, inclusive, of 25 June 2009, the number of times members of the Defence Forces provided full ceremonial support for State visits by the President in 2008 and to date in 2009; and if he will make a statement on the matter. [26969/09]

I propose to answer Questions Nos. 133 to 137, inclusive, together.

The information requested is set out in the following table:

Event

2008

2009

Presentation of Credentials

11

6

Prime Ministerial Visits

1

0

State Visits By Head of State (In/Out)

4

0

State Visit by President of Ireland (Honour Guard)

0

0

State Visit by President of Ireland (Full Ceremonial)

4

2

Waste Management.

David Stanton

Question:

138 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government his plans to create a national waste register to log which waste services, households and businesses use; the person who would be responsible for such a register; the estimated cost for setting up such a register; if local authorities would have to finance the creation and maintenance of such a register; the steps he is taking to avoid the problems experienced in the electoral register; the way he will log details of houses for rent which might change occupier at regular intervals; the communication he has had with the private waste industry regarding the creation of this register; and if he will make a statement on the matter. [26846/09]

I refer to the reply to Questions Nos. 409 and 411 of 30 June 2009, which set out in a comprehensive way the position in relation to this matter.

Litter Pollution.

David Stanton

Question:

139 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 29 of 24 June 2009, when the littering monitoring body in his Department was established; the local authorities whose performance have been assessed in respect of their duties under the Litter Pollution Act 1997 and the objectives of their own litter management plans; and if he will make a statement on the matter. [26848/09]

My Department first appointed independent consultants to act as the Litter Monitoring Body in May 1999. Their primary function is to operate the National Litter Pollution Monitoring System (NLPMS) through collating litter quantification and litter pollution data from the local authorities throughout the year and providing an analysis on the national position to me annually.

Information regarding the performance of local authorities in relation to their responsibilities under the Litter Pollution Acts is provided through the National Litter Pollution Monitoring System Results and enforcement statistics. NLPMS reports for each year are available on www.litter.ie; the 2008 report has just recently been published. Local authorities report statistics in relation to their enforcement of the litter laws to my Department twice yearly and these are available in the Oireachtas Library. The Litter Monitoring Body also provides individual reports to local authorities to enable them to evaluate the success of their anti-litter initiatives and take appropriate action where necessary.

Under the Litter Pollution Acts, each local authority is required to adopt a litter management plan (LMP). The legislation prescribes the specific minimum components of a LMP, requiring information on litter prevention and control activities and the setting of appropriate objectives and targets for the period covered by the plan. An additional function of the Litter Monitoring Body is the periodic assessment of new or amended litter management plans adopted by local authorities. The primary purpose of this assessment is to assess LMPs with respect to the core functions prescribed under the Litter Pollution Act, 1997, and to determine how local authorities have discharged those functions. The 2000 and 2004 reports are available on www.litter.ie. The most recent report, for 2008, is currently being finalised.

Local Authority Housing.

Seán Ó Fearghaíl

Question:

140 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government the changes he has made to the processing of housing loans available through local authorities; if decisions in respect of such loans no longer rests with local authorities; if local authorities have discretion in respect of the loans currently available; if there are staffing implications arising from the changes he has introduced; the consultations which took place in respect of these changes; and if he will make a statement on the matter. [26851/09]

Housing loans continue to be provided by local authorities for households who wish to build or purchase their own home, including affordable housing purchasers and local authority tenants who wish to purchase under the tenant purchase scheme, but cannot access finance from private institutions. To ensure effective targeting of resources to support households most in need, income limits are applied, distinguishing between single and dual income households. A maximum loan limit is also applied and local authorities, in assessing loan applications, take account of the household's ability to finance the loan based on their net household income.

I recently introduced new regulations to underpin local authority lending into the future. The Housing (Local Authority Loans) Regulations 2009 replace the previous regulations, providing for a new loan limit of €220,000 and maximum earnings of €75,000 in the case of joint applicants and €50,000 for single applicants. The previous maximum loan to value ratio of 97% still applies.

The regulations also provide for the introduction of a formal credit policy to ensure prudence and consistency of approach for all local authority mortgage lending. To reduce the administrative burden on local authorities in the loan application process, particularly in carrying out credit checks through the Irish Credit Bureau, a centralised underwriting service is being provided by the Affordable Homes Partnership. The central underwriting unit, staffed by a small number of individuals with relevant expertise to minimise risk for the State, will issue a recommendation on each application to the relevant local authority. It is important to note, however, that the final decision on all loan applications continues to rest with the local authority concerned.

No specific staffing implications arise from the new arrangements, which were introduced following discussion with the County and City Managers' Association and the Affordable Homes Partnership.

Local Authority Staff.

Joanna Tuffy

Question:

141 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff shed by Cork County Council between June 2007 and June 2008; the number of staff employed by Cork County Council in July 2009; the number employed in July 2008; and if he will make a statement on the matter. [26861/09]

Joanna Tuffy

Question:

142 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff shed by Kerry County Council between June 2007 and June 2008; the number of staff employed by Kerry County Council in July 2009; the number employed in July 2008; and if he will make a statement on the matter. [26862/09]

Joanna Tuffy

Question:

143 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff shed by Donegal County Council between June 2007 and June 2008; the number of staff employed by Donegal County Council in July 2009; the number employed in July 2008; and if he will make a statement on the matter. [26863/09]

Joanna Tuffy

Question:

144 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff shed by South Dublin County Council between June 2007 and June 2008; the number of staff employed by South Dublin County Council in July 2009; the number employed in July 2008; and if he will make a statement on the matter. [26864/09]

I propose to take Questions Nos. 141 to 144, inclusive, together.

My Department is currently reviewing the data compiled in relation to Local Authority staffing. The data available from the local authorities concerned in relation to the matters raised in the questions are set out in the table. The staffing figures are expressed as whole time equivalents.

Local Authority

June 07

June 08

March 09

Number

Temp/ Seasonal

Number

Temp/ Seasonal

Number

Temp/ Seasonal

Cork County

2,566

142

2,641

323

2,479

44

Donegal

1,170

203

1,189

155

1,119

20

Kerry

1,180

246

1,204

219

1,219

71

South Dublin

1,345

116

1,341

140

1,338

107

End-of-Life Vehicles.

Frank Feighan

Question:

145 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if, in relation to the EU Directive and national statutory instruments 2006 prepared under the Waste Management (End of Life Vehicle) Regulation 2006, if local authorities must have their own sweeping facilities in place under the budgetary restrictions; if it will be necessary that all counties have facilities in place; and if there will be a derogation in place for smaller counties such as County Leitrim whereby they can use other counties’ facilities. [26887/09]

Directive 2000/53/EC on end-of life vehicles (ELVs)sets out specific measures to be put in place by EU Member States in relation to the collection, storage, treatment, dismantling, reuse and recycling of end-of-life vehicles. Under the Directive, each Member State is required, inter alia, to ensure that all end-of-life vehicles are dismantled, treated and recovered at no cost to the final holder / owner of that vehicle and in a manner that does not cause environmental pollution.

The Waste Management (End-of-Life Vehicles) Regulations 2006 provide the regulatory framework for the implementation in Ireland of this Directive. Under the regulations, a wide range of obligations are imposed on vehicle producers (i.e. manufacturers and professional importers), authorised treatment facilities, vehicle owners and local authorities.

Producers are required to establish national collection systems for the appropriate treatment and recovery of end-of-life vehicles of their particular brands. As a minimum and in accordance with the proximity principle, each producer's national collection system is required to have at least one authorised treatment facility in each city and county council area that will provide free take-back for vehicles of that producer's brand. In counties and cities with a larger population base, producers are required to have one additional facility for each additional 150,000 persons in the relevant county or city area. Producers must also register with each local authority, pay a registration fee and provide specified information to each local authority under the registration process.

Local authorities are responsible for the enforcement of the regulations in their functional areas as well as the issue of waste facility permits for authorised treatment facilities. They have no direct role in the provision of such treatment facilities — that is a matter for the market in the first instance or, in the absence of a market solution, for producers in accordance with their producer responsibility obligations under the regulations.

Local Authority Housing.

Aengus Ó Snodaigh

Question:

146 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if the provision in the Housing (Miscellaneous Provisions) Act 2009 which will allow local authority mortgage holders to re-mortgage without triggering the clawback will come into effect immediately; if additional regulations will be needed; if so, when he expects these regulations to come into effect; and if he will make a statement on the matter. [26902/09]

The provisions contained in the Housing (Miscellaneous Provisions) Bill 2008, that will facilitate persons in affordable housing wishing to re-mortgage with a private lender, will take effect on its enactment and subject to a Ministerial order commencing the relevant provisions.

The commencement order will be made as soon as possible following due consideration and discussions with participating lenders and local authorities on the detailed arrangements for operating the process.

Natural Heritage Areas.

Frank Feighan

Question:

147 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if he has sent back the files to the State solicitor’s office on the sale of bog land; if contract of sale has been drawn up in respect of persons (details supplied) in County Leitrim; and when these contract will be finalised. [26915/09]

In relation to case NT/LM/1420/001, my Department executed the contracts of sale in October 2008 and has issued a deposit. The Chief State Solicitor's Office is in the process of arranging the closing of the sale and payment of the balance. In relation to case NT/LM/1420/009, draft contracts were received by my Department in August 2008. However, having regard to available budgetary resources, priority will be given under the scheme this year to those wishing to sell their interest in the 32 raised bog sites which were nominated for designation as Special Areas of Conservation in 1999. For these sites, the derogation given by the Government, which allowed the continuation of turf cutting for personal domestic use, expires in 2009.

With regard to land offered within Corracramph Bog, a Natural Heritage Area designated in 2004 in respect of which the 10 year derogation period will not expire until 2014, the completion of land transactions will not qualify for priority attention this year.

Local Government.

Joanna Tuffy

Question:

148 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the procedure involved for a town, which has former town commissioner status, to be granted full town council status; his views on more towns being granted full town council status; and if he will make a statement on the matter. [26919/09]

Legislation would be required to confer additional statutory powers on town councils which previously had town commissioner status. The White Paper on Local Government, which will be published following Government consideration of the Report of the Commission on Taxation, will address a broad suite of local government development and financing matters, including issues in relation to town government.

Electoral Areas.

Joanna Tuffy

Question:

149 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government his views on the abolition of three seat local electoral area before the next local elections; if he will advocate for the elimination of three seat LEA; and if he will make a statement on the matter. [26921/09]

In January 2008, I announced that I had established 2 independent committees to review local electoral areas. The terms of reference which I gave the committees included a requirement that they recommend local electoral areas comprising of not less than 4 seats and not more than 7 seats, except in very exceptional circumstances where 3 seat local electoral areas could be recommended if, otherwise, the geographic size of the area would be disproportionately large.

In their reports, the committees recommended that a total of 3 local electoral areas should have 3 seats. When publishing the reports on 17 June 2008, I announced that I was accepting the recommendations of the committees and the local electoral areas proposed in the reports were in use at the recent local elections. The terms of reference of any future local electoral area boundary committees will be determined at the time of their establishment.

Planning Issues.

Jack Wall

Question:

150 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if an observatory (details supplied) falls under the planning exemption guidelines; and if he will make a statement on the matter. [26923/09]

Section 4 of the Planning and Development Act 2000 enables the Minister, by Regulation, to provide for any class of development to be exempted development for the purposes of the Act where, among other considerations, the Minister is of the opinion that such development, by reason of its size, nature or limited effect on its surroundings, would not offend against principles of proper planning and sustainable development. The interpretation and application of the relevant legislation is a matter for planning authorities in the first instance and An Bord Pleanála on appeal. Under section 30 of the 2000 Act, the Minister is specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

Community Development.

Aengus Ó Snodaigh

Question:

151 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the level of funding and training available to residents associations or tenants associations and groups in relation to housing matters; and if he will make a statement on the matter. [26925/09]

My Department does not fund residents' or tenants' associations directly. However, in line with the Government's housing policy statement, Delivering Homes, Sustaining Communities, a specific fund is in place to support initiatives that build and foster the principles of sustainable communities. This fund currently provides support to housing authorities for a range of community initiatives, including tenancy liaison officers and advocacy services. In 2009, some €3 million has been set aside to continue this valuable work.

In addition, my Department provides assistance towards the administrative and general expenses of certain not-for-profit organisations and bodies which provide advice, research, training or other supports including representative services in the area of housing. Allocations from the €1.5m available for this purpose in 2009 will be made shortly.

Local Authority Housing.

Denis Naughten

Question:

152 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 400 of 16 December 2008, the position regarding the rural houses; and if he will make a statement on the matter. [26951/09]

In response to my Department's Call for Proposals under the Remedial Works Programme for 2009, Roscommon County Council submitted proposals for refurbishment works in respect of 11 houses in Boyle and 18 rural houses. The proposal for the project in Boyle was approved for inclusion in the new three year remedial works programme and my Department is liaising closely with the Council to ensure that it progresses in a timely fashion.

My Department also received a number of proposals for works to rural houses, including from Roscommon County Council. Given that, when assessing such projects, a clear link must be demonstrated between the investment which would be involved and identified housing need, my Department will be in touch with the relevant housing authorities shortly, seeking further information in this regard.

Greenhouse Gas Emissions.

Denis Naughten

Question:

153 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will review the 3% annual reduction target in climate change in the programme for Government which he has failed to achieve to date; the changes proposed to address this failure; and if he will make a statement on the matter. [26952/09]

Ireland is required to meet challenging greenhouse gas emission reductions under the Kyoto Protocol for the period to 2012. All relevant Government Departments are working on the development of further measures to reduce Ireland's greenhouse gas emissions. This work is overseen by the Cabinet Committee on Climate Change and Energy Security, which is chaired by the Taoiseach. I have been reporting progress to the Oireachtas on an annual basis in presenting the Carbon Budget. While the measures involved are relevant to our Kyoto compliance over the 2008-2012 period, their longer-term impact is of even more importance. Significant structural change is required across all sectors of our economy if we are to meet the much more demanding targets to which we are now committing ourselves. Under the recent EU climate and energy package, Ireland has taken on a target of a 20% reduction in emissions between 2005 and 2020, and this target will increase further when a new global agreement on climate change is reached, hopefully in Copenhagen in December 2009. I will be addressing the question of further legislation on climate change in the context of the review of the Programme for Government.

Planning Issues.

Michael Ring

Question:

154 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if he will revoke the seven year time limit within which enforcement action may be taken in respect of all unauthorised developments in the Planning and Development (Amendment) Bill 2009, or by other legislative means. [26953/09]

When announcing the publication of the Planning and Development (Amendment) Bill on 3 June 2009, I also indicated that the retention planning permission system is being examined with a view, in particular, to removing the possibility of retention planning permission for unauthorised development which would otherwise have been subject to environmental impact assessment, other than in exceptional circumstances, and reviewing the current 7 year time limit within which enforcement action may be taken. On completion of this examination, it is my intention that appropriate provisions will be brought forward as Committee Stage amendments to the Planning and Development (Amendment) Bill 2009.

Local Authority Housing.

Caoimhghín Ó Caoláin

Question:

155 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the position on the regeneration plan for an estate (details supplied) in County Westmeath; if the recent investment in the area is part of an overall plan to rejuvenate the estate; if it is a one-off investment without progressing the vision plan; and full the plans for the area. [26989/09]

I refer to the reply to Question No. 512 of 9 June 2009. The position is unchanged.

Alternative Energy Projects.

Phil Hogan

Question:

156 Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources if, in regard to his reply to Parliamentary Question No. 226 of 16 June 2009, his statements that he will bring forward legislative proposals at the earliest opportunity indicates that legislation will be forthcoming in either 2009, 2010 or 2011; if he will ensure that adequate resources will be devoted within his Department to advance this legislation; and if he will make a statement on the matter. [26837/09]

As the Deputy is aware, I stated in my reply to Parliamentary Question No. 266 of 16 June 2009 that it is my intention to bring forward legislative proposals on geothermal energy at the earliest opportunity. I further stated in my reply, complex legal issues arise in relation to geothermal energy and that my officials are actively engaging with the Office of the Attorney General in this regard. I am also expecting the recommendations of the Geothermal Working Group, shortly. In addition, my officials are engaged in ongoing discussions with the industry and other stakeholders. In view of the ongoing work of my officials and others, the range of issues involved and the need to ensure that the most comprehensive approach to legislation is taken, I hope to be in a position to set out a specific timeframe in the near future.

Telecommunications Services.

Enda Kenny

Question:

157 Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources when he expects to publish a value for money and policy review of phase one of the MANs programme; and if he will make a statement on the matter. [26972/09]

The Value for Money and Policy Review of Phase I of the Metropolitan Area Networks (MAN) Programme was published on Friday, 4 July, 2008. The review is available on my Department's website at www.dcenr.gov.ie.

Departmental Agencies.

Brian O'Shea

Question:

158 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food if, in regard to long-term leases held by Coillte from private landowners, such leases allow for permitting of recreational activities such as rambling, pony trekking and cycling; and if he will make a statement on the matter. [26993/09]

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters are the responsibility of the company. I understand, however, from Coillte that it has approximately 7,000 acres of land, which are the subject of long-term leases (150 years). In the absence of specific details, and following a review by Coillte of some of those leases, the company advise me that it's use of such land is limited to forestry purposes only. I am also advised that access for recreational activities can only be afforded in consultation with and at the discretion of the relevant landlord.

Fisheries Protection.

Joe McHugh

Question:

159 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the number of cameras that will be installed at fishing ports nationally; the ports that will be targeted for camera installation; the cost involved for such installations; the timeframe; and if he will make a statement on the matter. [26871/09]

I understand that the Sea-Fisheries Protection Authority (SFPA) is engaged in a project to install CCTV systems in a number of ports around the country under that body's statutory obligation to deter and detect contraventions of sea-fisheries law. The Sea-Fisheries and Maritime Jurisdiction Act 2006 clearly provides that the SFPA is independent in the exercise of its functions and as such I have no remit as to its work programme, its deployment of resources, or its operational activities. Consequently, particular queries regarding specific aspects of the SFPA's work programme should be directed to that body directly by the Deputy.

Grant Payments.

Jimmy Deenihan

Question:

160 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when the dairy hygiene grant will be awarded to a person (details supplied) under the dairy hygiene scheme; and if he will make a statement on the matter. [26878/09]

The person concerned was an applicant under the Dairy Hygiene Scheme and received grant-aid under the Scheme from my Department in February 2008. However, the person concerned was considered to be ineligible for the additional aid for qualified young farmers and this decision was upheld by the Agriculture Appeals Office on 21 November 2007.

Charles Flanagan

Question:

161 Deputy Charles Flanagan asked the Minister for Agriculture, Fisheries and Food when it is anticipated that a farm waste management grant will be awarded in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [26891/09]

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. My Department is currently processing the application concerned and a decision will be made as soon as possible.

Denis Naughten

Question:

162 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive their payment; the reason for the delay in same; and if he will make a statement on the matter. [26893/09]

Under EU Regulations, payment on individual Organic Farming Scheme applications could not be made until completion of administrative and area checks on all applications. At that stage 75% of the payment to each individual participant could be released, with the balance being payable when the last of the on-farm inspections for the year has taken place. The processing of applications is under way and I expect that the 75% initial payment will be made to the person named within the next few days. The remaining 25% payment will issue within a number of weeks.

Ned O'Keeffe

Question:

163 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding an application by a person (details supplied) in County Cork in respect of the installation aid scheme. [26903/09]

The person concerned is an applicant under the Young Farmers' Installation Scheme. His application for payment, following the receipt of some additional information, is currently being examined and a decision will be made in regard to the application as soon as possible.

Farm Retirement Scheme.

Ned O'Keeffe

Question:

164 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding approval of an application by a person (details supplied) in County Cork under the farm retirement scheme. [26904/09]

My Department received an application under the Early Retirement Scheme from the person named on 17th October 2008. It could not be accepted for processing as it was received after the Scheme had been suspended for new applications.

I am conscious that some potential applicants were at an advanced stage of preparing an application when entry to the scheme was suspended and had made, or were making arrangements to meet the requirements of the Scheme. I am examining options for addressing these cases against a background of competing demands for limited resources.

Grant Payments.

Seymour Crawford

Question:

165 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will be awarded their REP scheme due from February 2009; if he is satisfied that a payment should be delayed for such a length of time; and if he will make a statement on the matter. [26922/09]

There are differences between the areas claimed by the person named under REPS and in his application under the Single Payment Scheme. This issue has to be resolved before his REPS application can be further processed. My officials have been in contact with him about the matter.

Question No. 166 answered with Question No. 15.

Traveller Education.

Tom Hayes

Question:

167 Deputy Tom Hayes asked the Minister for Education and Science if visiting teachers for Travellers will continue to be direct employees of his Department; and if the VTST will retain their existing primary teacher terms and conditions. [26825/09]

I refer to my response on this issue to the Deputy on 23rd June 2009. As previously outlined, the Board of the NEWB has been mandated to make arrangements for its new extended remit and have commenced this work with an inclusive, structured and planned approach engaging with all relevant parties. Consultation is currently under way, involving all the individual services, to develop an appropriate management structure and reporting arrangements for the new service to commence from 1st September 2009. My Department will assist with this process to ensure successful transition to full integration. Operational issues will be addressed during this consultation and development phase and will involve engagement with the services and other relevant stakeholders as required. The ongoing consultation will address issues including reporting arrangements and any concerns relating to employment terms and conditions.

Future changes, if any, to the employment arrangements of Visiting Teachers for Travellers will be the subject of discussions with unions representing the affected teachers.

Schools Building Projects.

Brian Hayes

Question:

168 Deputy Brian Hayes asked the Minister for Education and Science if he will confirm that he made a statement at a meeting (details supplied) to the effect that if this school pursued a public protest route in respect of their application to obtain a successful project from the schools building programme, that their application would not be progressed; and if he will make a statement on the matter. [26839/09]

I can confirm that I met a delegation from the school to which the Deputy refers in January of this year. As the Deputy will be aware, my Department operates a prioritisation system for school building projects, details of which are published on my Department's website. My Department has received an application for major capital funding for the provision of a new building by the school referred to by the Deputy. The application has been assessed and has been assigned a band 2.2 rating under the prioritisation criteria for large scale projects.

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 the 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.

At the meeting on 7th January, 2009, I outlined the position to the Board of Management and indicated that I would take the views of the Board into consideration at the appropriate time. I also indicated that it was not possible for me to give any commitments in relation to the time-frame for the progression of a building project at the school. I did not say that their application would not be progressed. I did not make a statement to the effect suggested by the Deputy.

I should also point out that my Department provides devolved funding under the Summer Works Scheme (SWS) and under the Emergency Works Scheme (EWS) to enable individual school authorities to carry out small scale capital works. The school in question received funding under the 2007 SWS to allow it to upgrade its toilet facilities. No further applications for funding for minor capital works have been received to date. Any such applications made by the school will be given full consideration.

School Accommodation.

Brian Hayes

Question:

169 Deputy Brian Hayes asked the Minister for Education and Science if he will confirm the number of schools who have used the option to construct permanent classrooms since the introduction of the scheme in July 2008, which allowed schools with a pressing need for additional accommodation that was expected to last for three years, to avail of the option of using funds from his Department to purchase prefabs or to construct permanent classrooms; and if he will make a statement on the matter. [26840/09]

I introduced an amendment to the scheme in July of 2008 which allows those schools with an urgent and pressing need for additional accommodation which is likely to last for more than 3 years, and who are being given approval for grant aid, to avail of the option of using their grants either to purchase prefabs or to construct permanent classrooms for the same amount.

Funding is approved on a devolved basis for both options and it is then a matter for the schools to decide which option to pursue. Schools may claim the first portion of the grant when the building works commence, 70% of the cost of the project, subject to receipt of the necessary certification and the balance when the project is completed.

A total of 84 schools have now indicated to my Department that they are pursuing the permanent option. However, there are a number of other schools who have not yet indicated which option they intend to pursue.

School Staffing.

Brian Hayes

Question:

170 Deputy Brian Hayes asked the Minister for Education and Science the steps he will take to bring forward procedures to help school boards of management to deal with individual teachers who are under performing; and if he will make a statement on the matter. [26841/09]

As part of the modernisation agenda for teachers under the Social Partnership Agreement Towards 2016 it was agreed to address the issue of difficulties in relation to teacher performance. It was recognised that while the vast majority of teachers fulfil their teaching function and professional duties adequately and well, there are, as in all professions, a small number of under performing personnel in schools.

In that context discussions commenced under the auspices of the Teachers Conciliation Council to review and revise existing procedures for the suspension and dismissal of teachers. The Teachers Conciliation Council is the recognised forum for dealing with matters relating to pay and conditions of service of teachers. The parties to the forum include representatives of the managerial authorities of schools, the teacher unions and the Departments of Education and Science and Finance.

The discussions comprehend the arrangements that will apply in the case of both teachers and school principals. Revised procedures for the suspension and dismissal of teachers have been agreed. One of the issues considered was the provision of assistance, where appropriate, to teachers who are experiencing professional difficulties as provided for in the Towards 2016 agreement. Revised procedures are being brought to finality for principals having regard to the particular issues relevant to that grade.

Residential Institutions Redress Scheme.

Brian Hayes

Question:

171 Deputy Brian Hayes asked the Minister for Education and Science the reason he continues to appeal a decision of the High Court, currently in proceedings before the Supreme Court, effectively striking down the original terms of the redress board on the basis that persons between the ages of 18 and 21 years could not seek redress, and in view of the publication of the Ryan report and the need to address the concerns of all victims within the context of the religious institutions concerned; if he will withdraw his appeal; and if he will make a statement on the matter. [26842/09]

As the Deputy may be aware the appeal in question has already been heard by the Supreme Court and judgement is awaited. Aside from the issues pertaining to the operation of the Redress Board, the High Court decision had much wider implications for the State. The Judgement in this case undermines the right of the Oireachtas to adopt age based criteria in its legislative classifications.

Consequently, the decision to appeal this matter to the Supreme Court was taken not only for its implications in terms of the Redress Scheme but also for its potential effect on the ability of the Oireachtas to conduct its business.

School Staffing.

Brian Hayes

Question:

172 Deputy Brian Hayes asked the Minister for Education and Science the estimated number of retired teachers and principals who are in receipt of a pension from his Department but who are currently working on either a fixed term or temporary contract for his Department or other agencies under the remit of his Department; and if he will make a statement on the matter. [26843/09]

On 24 June 2009 there were 35 primary school principals, 2 secondary school principals, 40 primary school teachers and 15 secondary school teachers who had previously been awarded pensions by my Department employed under a fixed term or temporary teaching contract in primary, secondary and community schools. In the main these teachers were employed in a regular part-time capacity (ie fixed-term), many as resource teachers, teaching a small number of hours each week. These figures do not include casual substitute teachers who may be employed on a daily or hourly basis. Where a person's pension and pay on returning to teach exceed their final retiring salary a reduction in pension is applied in accordance with normal public service abatement arrangements.

Figures for retired teachers, re-employed in other agencies under my Department's remit, are not readily available. I spoke at the annual conference of AMCSS about the desirability of engaging unemployed teachers where at all possible in relation to the filling of casual or fixed-term vacancies. This is something I would encourage school management generally to consider.

Special Educational Needs.

Paul Nicholas Gogarty

Question:

173 Deputy Paul Gogarty asked the Minister for Education and Science if he provides grants or funding to companies or individuals providing an information and communications technology teaching service for students with special needs or learning difficulties. [26844/09]

My Department provides funding to primary and post primary schools towards the purchase of assistive technology for the use of pupils with special educational needs. The scheme is targeted at individual circumstances where pupils have very specific educational needs and the purpose of the grant-aid is to provide the pupils in question with equipment that will be of direct educational benefit to them.

My Department does not provide funding to companies or individuals providing an information and communications technology teaching service for students with special needs or learning difficulties.

School Accommodation.

David Stanton

Question:

174 Deputy David Stanton asked the Minister for Education and Science further to Parliamentary Question No 188 of 24 June 2009, if he will explain what he means by deficit of mainstream accommodation; the way the deficit constitutes a substantial and significant proportion of the school’s overall accommodation; and if he will make a statement on the matter. [26849/09]

A deficit of mainstream accommodation is a shortfall in amount of permanent classrooms to accommodate the teachers allocated to the school.

In the school to which the Deputy refers the original school consists of 3 permanent classrooms and a small ancillary area. This has been further supplemented with temporary accommodation for the current staffing of principal, 8 mainstream teachers and resource teachers.

The long term projected staffing for this school is for principal + 12 and therefore the additional accommodation required to accommodate the full complement of staff which will be assigned to the school is significant relative to the permanent accommodation currently available. A new 12 classroom school on a greenfield site is proposed for the school.

Special Educational Needs.

Finian McGrath

Question:

175 Deputy Finian McGrath asked the Minister for Education and Science further to Parliamentary Question No. 257 of 19 February 2009, his Department’s criteria used in allocating special needs hours. [26859/09]

I understand that the Deputy is referring to special needs assistant hours. The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. The qualifying criteria for the allocation of SNA support is outlined in Department Circular 07/02 which is available on my Department's website at www.education.ie. There has been no change in the criteria governing the allocation of SNA support.

Leaving Certificate Vocational Programme.

Joe McHugh

Question:

176 Deputy Joe McHugh asked the Minister for Education and Science if he will revisit his decision to cut a leaving certificate vocational programme at a school (details supplied) in County Donegal in view of the fact that plans have already been made by the school for the delivery of the programme in September 2009; and if he will make a statement on the matter. [26868/09]

The Leaving Certificate Vocational Programme (LCVP) has been in existence since 1994 and was designed to enhance the vocational dimension of the Leaving Certificate (Established). This two-year programme combines the academic strengths of the Leaving Certificate (Established) with a focus on self-directed learning, enterprise, work and the community which are included in the Link Modules.

My Department received applications from 10 second level schools for approval to introduce the programme in their schools from the commencement of the 2009/10 school year.

In framing the budget in October and again in April, a range of very difficult policy choices had to be faced by the Government across all areas of public expenditure, including in the field of education where in future a ceiling will apply to the overall number of teachers. Clearly any expansion in programmes has to be considered in the context of existing policies and available resources. In the context of the budgetary constraints the first priority is to maintain existing service levels to the greatest extent possible. In the context of the limits on overall numbers employed in the public service and how that is to apply to the school sector it simply would not make sense to expand this service and to further increase the upward pressure on teacher numbers at this time.

My Department has, however, outlined to the schools concerned that those who wish to provide the LCVP programme from within their existing staffing resources will be facilitated.

Residential Institutions Redress Scheme.

Liz McManus

Question:

177 Deputy Liz McManus asked the Minister for Education and Science the redress entitlement of a child in a case where they were in an institution providing for mothers and babies, were then fostered with the agreement of the mother and then abused by their foster parent; and if he will make a statement on the matter. [26873/09]

During the passage of the legislation governing the establishment of the Redress Scheme (Residential Institutions Redress Act, 2002) through both Houses, the issue of including children who were in foster care was discussed and it was decided not to extend the legislation, as children in foster care were not in a residential institution. However, this statutory redress scheme was an additional benefit introduced by the Oireachtas for a particular category of persons and left unaffected the right of anybody to bring legal proceedings. Consequently, a person's ineligibility to be considered for an award under the terms of the Redress Scheme does not effect their statutory right to pursue any other legal avenue which may be open to them.

Pupil-Teacher Ratio.

Seán Barrett

Question:

178 Deputy Seán Barrett asked the Minister for Education and Science the steps he will take to deal with the number of qualified primary teachers who are finding it impossible to obtain a teaching post, if his attention has been drawn to the fact that the reason for the spiralling number of unemployed primary teachers is the promised decrease in the pupil-teacher ratio, which failed to materialise; and if he will make a statement on the matter. [26890/09]

The Government has had to make difficult choices and take difficult decisions in relation to the public finances. These include decisions aimed at reducing the size of the public service and clearly those decisions impact on the employment opportunities across the public service, including in the education sector.

School Staffing.

Richard Bruton

Question:

179 Deputy Richard Bruton asked the Minister for Education and Science the teacher allocation to a school (details supplied) in Dublin 3 for September 2009; if he has assessed the difficulties for the school in managing the loss of a teacher which will necessitate an increase in the number of children in classes of more than 32; and if there is scope for a review of the allocation. [26910/09]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The various impacts at school level were included in the Budget day announcements and in view of the ominous financial circumstances that we are facing I am not in a position to reverse any of the decisions taken.

I am committed to providing information in relation to the allocation of teachers to schools and as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

In terms of the position at individual primary 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 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 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.

I understand that the school referred to by the Deputy submitted an appeal to the Primary Staffing Appeals Board. Following consideration of this case at its meeting on 14 May 2009, the Board refused the appeal. The Board of Management of the school has been notified in this regard. The Appeal Board operates independently of the Department and its decision is final.

Schools Building Projects.

Enda Kenny

Question:

180 Deputy Enda Kenny asked the Minister for Education and Science the position regarding the provision of a new secondary school (details supplied) at a location in County Sligo; if his attention has been drawn to the lesser cost that is now involved in the provision of the agreed building and in view of the fact that the condition of the current premises is completely antiquated; and if he will make a statement on the matter. [26926/09]

The project to which the Deputy refers is currently at an advanced stage of architectural planning. I am pleased to inform the Deputy that I approved the project to proceed to seek planning permission in May 2009.

I am aware of the trend in building costs in the current market conditions. However, the final budget for this project will not be approved until the stage 2(b) tender documentation is completed and assessed.

The progression of all large scale 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 the current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Departmental Funding.

Enda Kenny

Question:

181 Deputy Enda Kenny asked the Minister for Education and Science the position regarding the development of a school (details supplied) in County Kildare; if his attention has been drawn to the growth of this all Irish secondary school; if his further attention has been drawn to the costs involved to the promoters of the school in having to pay teachers their own resources; the assistance he will give to this school during 2009; and if he will make a statement on the matter. [26928/09]

The school to which the Deputy refers is operating with provisional recognition from my Department. It is entitled to grant aid for rental for its accommodation, for school transport and for the payment of teacher salaries.

Teacher allocations to all second-level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. In accordance with these rules, each school is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff, the range of subjects offered and ultimately the quality of teaching and learning are, in the first instance, a matter for each school.

In accordance with existing arrangements, where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department considers applications for additional short term support i.e. curricular concessions. This concession is available as a short term support to enable essential curricular provision to continue. An application for curricular concessions was received in my Department from the school referred to by the Deputy. The school has been notified of the outcome.

The allocation processes also include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The Principal of a school can submit an appeal under certain criteria to an independent Appeal Board which was established specifically to adjudicate on appeals on staffing allocations in post-primary schools. This Board operates independently of my Department. The school in question did not submit an appeal.

Discrete allocations are also made to second-level schools to cater for example for pupils with Special Educational Needs and those with language difficulties.

Special Educational Needs.

Paul Nicholas Gogarty

Question:

182 Deputy Paul Gogarty asked the Minister for Education and Science in view of the time delay that has taken place since the completion of the legislation through the Houses of the Oireachtas, if he will implement the Education for Persons with Special Education Needs Act 2004 in the next 12 months; and if he will make a statement on the matter. [26929/09]

Paul Nicholas Gogarty

Question:

183 Deputy Paul Gogarty asked the Minister for Education and Science if the delay in implementing the Education for Persons with Special Education Needs Act 2004 relates to funding concerns, even though section 12 of the Act affords the State protection if resources are limited; if there is some other unexplained factor causing its delay; and if he will make a statement on the matter. [26930/09]

I propose to take Questions Nos. 182 and 183 together.

The Deputy will be aware that a significant number of sections of the Education for Persons with Special Educational Needs Act, 2004 have been commenced, principally those establishing the National Council for Special Education (NCSE) and those promoting an inclusive approach to the education of children with special educational needs. Specifically, the following sections have been commenced — 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 53.

As I have outlined previously, it is not possible to commence the EPSEN Act incrementally by age cohort, therefore the provisions of the Act especially those regarding assessments and individual education plans will have to be commenced for all children at the same time. This means that the necessary training arrangements, personnel and systems have to be in place at the time of commencement.

As required under the Act, the NCSE provided a report making recommendations regarding the implementation of EPSEN which suggested additional investment over a period of years of up to €235m per annum across the education and health sectors. Having considered the NCSE report, and consulted with the education partners, the Department of Health and Children and the HSE, my Department identified a range of options for the implementation of EPSEN. My Department's opinion is that the level of investment required would be greater than that envisaged in the NCSE report. In the light of the current financial circumstances, it is therefore not possible to proceed with full implementation in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date.

I want to reiterate that children with special educational needs will continue to receive an education appropriate to their needs. I intend to build on the progress that has been achieved in recent years which has seen a huge increase in resources for special educational needs. The NCSE will continue to support schools, parents and children, and teachers and special needs assistants will continue to be deployed to schools to meet children's needs. Additional funding was provided as part of last October's budget and is being used to strengthen and enhance health and education services and continue the preparation for the full implementation of the Act at a later date.

School Transport.

Tom Hayes

Question:

184 Deputy Tom Hayes asked the Minister for Education and Science the arrangements that have been made in relation to the school transport system for 2009; if new contracts will be drawn up with Bus Éireann in relation to this; the expected increase or reduction in cost to the Department; and if he will make a statement on the matter. [26933/09]

Bus Éireann is responsible for the operation of the School Transport Scheme on behalf of my Department. Approximately 135,000 children avail of school transport services on a daily basis using some 3,300 private contractors' vehicles and over 600 Bus Éireann vehicles.

Negotiations with school bus operators regarding bus contracts are a matter between Bus Éireann and the individual contractors and these negotiations take place prior to the commencement of the new school year. The Deputy will understand that pending the outcome of these negotiations it is too early to say what the impact might be on the overall cost of school transport this year.

My Department is continuing to work closely with Bus Éireann to ensure that school transport services are delivered in a safe and cost effective manner.

School Staffing.

Pádraic McCormack

Question:

185 Deputy Pádraic McCormack asked the Minister for Education and Science if he will review the situation regarding a school (details supplied) in County Galway, which is losing a teacher post and causing concern to the school, parents and pupils; and if he will make a statement on the matter. [26938/09]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The various impacts at school level were included in the Budget day announcements and in view of the ominous financial circumstances that we are facing I am not in a position to reverse any of the decisions taken.

I am committed to providing information in relation to the allocation of teachers to schools and as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

In terms of the position at individual primary 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 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 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.

School Transport.

Denis Naughten

Question:

186 Deputy Denis Naughten asked the Minister for Education and Science if he will provide an extension to a school transport service (details supplied) in County Galway; and if he will make a statement on the matter. [26946/09]

The Deputy will be aware that the planning and timetabling of routes is an operational matter for Bus Éireann. In the last school year the service referred to by the Deputy, in the details supplied, was operating to capacity.

If, for operational reasons, a larger bus is introduced for this route, in the 2009/10 school year, additional spare seats may become available. However, I should point out that pick up points are planned to facilitate eligible pupils and those availing of concessionary transport will have to make their way to that point. Parents should continue to liaise with their local Bus Éireann office regarding the availability of seats.

Traveller Education.

Denis Naughten

Question:

187 Deputy Denis Naughten asked the Minister for Education and Science if he will approve an additional Traveller resource teacher for a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [26949/09]

As I advised the Deputy recently, my Department is currently considering an application for additional teaching provision to support a number of traveller children in the school referred to by the Deputy. My officials will convey a decision on the application to the school as soon as this process has been completed.

Special Educational Needs.

David Stanton

Question:

188 Deputy David Stanton asked the Minister for Education and Science the number of tutors who have been deemed not to be eligible to deliver home based tuition from September 2009 due to the fact that under the terms of the July provision scheme a qualified teacher must be sourced; and if he will make a statement on the matter. [26962/09]

The Deputy will be aware that the home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and also to provide early educational intervention for pre-school children with autism.

The Deputy will appreciate that, as home tuition takes place outside of the normal school framework, there is need to ensure that tuition providers are qualified to give education to the children concerned. It is reasonable to expect that a person, providing an education to a child in the child's home outside of the normal school structure, is fully qualified.

Some parents had advised of difficulties in sourcing fully qualified teachers. My Department therefore has allowed for other qualifications. However, the guidelines to the home tuition scheme have in recent years been advised of my Department's preference for a fully qualified teacher.

I wish to assure the Deputy that my Department has continued to sanction alternative tuition providers where parents have shown that they were unable to source a fully qualified teacher.

Higher Education Grants.

Willie Penrose

Question:

189 Deputy Willie Penrose asked the Minister for Education and Science if a person (details supplied) in County Westmeath is entitled to a mature student grant; and if he will make a statement on the matter. [26985/09]

My Department funds three maintenance grant schemes for third level students which are administered by the Local Authorities and the Vocational Education Committees. These are the Higher Education Grants Scheme, the Vocational Education committees' Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses.

The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees. Under the terms of the maintenance grants schemes grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment.

As the decision on eligibility for a higher education grant is a matter for the relevant local authority or VEC to determine it will be necessary for the candidate referred to by the Deputy to contact his local authority/VEC directly to have his eligibility assessed.

Schools Building Projects.

Caoimhghín Ó Caoláin

Question:

190 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science the position in relation to the provision of a new school building at schools (details supplied) in County Westmeath. [26992/09]

The project for Coosan National School was included in the bundle of 25 projects I announced in February to commence architectural planning. The project is currently awaiting the appointment of a Design Team. Cornamaddy National School is also at an early stage of architectural planning. This project was not included, however, in my February announcement and therefore, is not part of the 2009 School Building Programme. The progression of all large scale building projects, including these projects, 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 projects at this time.

Bernard J. Durkan

Question:

191 Deputy Bernard J. Durkan asked the Minister for Education and Science the next steps necessary to progress a project at a school (details supplied) in County Kildare to tender and construction following a meeting with the board of management in March 2009; and if he will make a statement on the matter. [27018/09]

Bernard J. Durkan

Question:

205 Deputy Bernard J. Durkan asked the Minister for Education and Science the next steps necessary to progress a project at a school (details supplied) in County Kildare to tender and construction following a meeting with the board of management in March 2009; and if he will make a statement on the matter. [27032/09]

Bernard J. Durkan

Question:

209 Deputy Bernard J. Durkan asked the Minister for Education and Science the current or expected position in regard to the provision of the new school and extra facilities at Ardclough, County Kildare; the development procedures concluded or pending; when it is expected that all procedures will be finalised with a view to conclusion of the project in readiness for occupation; the projected date in this regard; and if he will make a statement on the matter. [27036/09]

I propose to take Questions Nos. 191, 205 and 209 together.

As the Deputy will be aware, in February, I announced details of 43 major building projects to proceed to tender and construction. The projects at Scoil Ui Fhiaich, Maynooth, Scoil Coca Naofa, Kilcock and Scoil Aine Naofa, Ardclough were all included in this announcement.

My Department is currently awaiting the submission of the Stage 2b (detailed design) documentation from the schools' Design Teams on these projects. When this documentation is received and approved, the projects will then be authorised to progress to Stage 3 (tender and construction).

Bernard J. Durkan

Question:

192 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received re-tendered proposals under the new form of contracts for public capital projects in respect of a school (details supplied) in County Kildare; when this project is expected to proceed to construction phase; and if he will make a statement on the matter. [27019/09]

Bernard J. Durkan

Question:

193 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received re-tendered proposals under the new form of contracts for public capital projects in respect of a school (details supplied) in County Kildare; when this project is expected to proceed to construction phase; and if he will make a statement on the matter. [27020/09]

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

The tender report for the proposed extension/refurbishment project at the school in question was received in my Department on 30th June. It is currently being assessed by the Professional and Technical Staff of the Building Unit. When this assessment is complete the project will be considered for the construction stage.

Bernard J. Durkan

Question:

194 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2001; and if he will make a statement on the matter. [27021/09]

In February 2001 my Department received an application for large scale capital funding to provide for an extension to the school referred to by the Deputy. In 2007, my Department wrote to the school management requesting that it complete a standardised Application form (FLE Form) to allow for a review of the school's accommodation needs. To date this form has not been returned to the Department.

The progression of all large scale building projects, including any project for this school, from initial design stage through to construction phase will be considered in the context of the 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.

Bernard J. Durkan

Question:

195 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2006; and if he will make a statement on the matter. [27022/09]

In 2006 the Department received an application for large scale capital funding to provide an additional classroom and improved ancillary accommodation at the school referred to by the Deputy. 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 the 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 progression of the project at this time.

However, in 2007 the school was approved funding for the installation and rental of a Prefabricated Unit for classroom purposes. Most recently, my Department has approved funding for the provision of additional classroom accommodation for an additional teacher being appointed to the school.

Bernard J. Durkan

Question:

196 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2004; and if he will make a statement on the matter. [27023/09]

My Department received an application for funding for capital works in 2004. Since then my Department has sanctioned funding to provide for two additional mainstream classrooms and resource facilities at the school. The school has yet to draw down some of this funding. The progression of all large scale building projects 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. In light of competing demands on the capital budget of my Department it is not possible at this time to give an indicative timeframe for the progression of a major project at this school.

Bernard J. Durkan

Question:

197 Deputy Bernard J. Durkan asked the Minister for Education and Science when building works will commence at a school (details supplied) in County Kildare in view of the fact that the project was at tendering stage in March 2009; and if he will make a statement on the matter. [27024/09]

As part of the expansion of the Permanent Accommodation Scheme 2007, a grant was allocated to the school in question to enable the management authority to provide 4 additional resource rooms. As a devolved scheme it is a matter for the Board of Management and its Consultant to progress the matter. However, I understand that tenders are due in this weekend and they hope to start construction by the end of July.

Bernard J. Durkan

Question:

198 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2002; and if he will make a statement on the matter. [27025/09]

In 2002, the Department received an initial application for large scale capital funding to provide for suitable ancillary accommodation at the school referred to by the Deputy. An updated application was received in September 2007 seeking funding for a major extension to include additional classroom accommodation.

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 the 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.

Bernard J. Durkan

Question:

199 Deputy Bernard J. Durkan asked the Minister for Education and Science if architectural planning stages are completed regarding a school (details supplied) in County Kildare; when construction is expected to commence in this regard; and if he will make a statement on the matter. [27026/09]

The Stage 2B for the proposed extension to the school referred to by the Deputy is currently being assessed by my Department's Professional & Technical Unit. When this process is complete and any issues arising have been dealt with it will then be considered for the tender stage.

School Accommodation.

Bernard J. Durkan

Question:

200 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for temporary accommodation in the case of a school (details supplied) in County Kildare; when a decision is expected to be made on this application; and if he will make a statement on the matter. [27027/09]

I am pleased to inform the Deputy that approval for the provision of extra accommodation was given to the school in question last May. It is now the practice to purchase rather than rent temporary accommodation where the need for such accommodation is likely to exist for more than 3 years. This will reduce the incidence of long term rental of prefabs.

In July of 2008, I introduced a further innovation which allows those schools with an urgent and pressing need for additional accommodation which is likely to last for more than 3 years and who are being given approval for grant aid, as in the case of this school, to avail of the option of using their grants either to purchase prefabs or to construct permanent classrooms for the same amount. Funding is approved on a devolved basis for both options and it is then a matter for the schools to decide which option to pursue.

Schools Building Projects.

Bernard J. Durkan

Question:

201 Deputy Bernard J. Durkan asked the Minister for Education and Science the status of construction of permanent facilities for a school (details supplied) in County Kildare; if same is on line to be completed by September 2009; if delays are anticipated; if so, the reason for same; and if he will make a statement on the matter. [27028/09]

Bernard J. Durkan

Question:

213 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in regard to the provision of the new school facilities at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [27040/09]

I propose to take Questions Nos. 201 and 213 together.

A new permanent 16 classroom school for the school referred to by the Deputy is at Practical Completion and will be ready for occupation in September 2009.

Bernard J. Durkan

Question:

202 Deputy Bernard J. Durkan asked the Minister for Education and Science the status of construction of the extension to a school (details supplied) in County Kildare; if same is on line to be completed by the end of 2009; if delays are anticipated; if so, the reason for same; and if he will make a statement on the matter. [27029/09]

A two classroom extension plus ancillary accommodation was completed at the school referred to by the Deputy earlier this year. A further 6 classrooms are currently under construction and it is envisaged that they will be completed by the end of 2009. When the current extension is completed the school will be a 24 classroom school.

Bernard J. Durkan

Question:

203 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2004; and if he will make a statement on the matter. [27030/09]

I can confirm that my Department is in receipt of an application for large scale capital funding from the school to which the Deputy refers. 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 the 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.

Bernard J. Durkan

Question:

204 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 2006; and if he will make a statement on the matter. [27031/09]

The school to which the Deputy refers applied to the Department for large scale capital funding to provide for an 8 classroom extension to the existing school. More recently the school has sought a devolved grant to purchase a four classroom room modular build with the capacity to extend, in time, to eight classrooms.

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 progression of the project at this time.

Question No. 205 answered with Question No. 191.

Bernard J. Durkan

Question:

206 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding; when they applied for same; and if he will make a statement on the matter. [27033/09]

In February 2000, the school to which the Deputy refers applied to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2 rating.

The progression of all large scale building project, including the project for this school, from initial design through to construction phase will be considered in the context of the 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.

Bernard J. Durkan

Question:

207 Deputy Bernard J. Durkan asked the Minister for Education and Science the status of construction of the extension to a school (details supplied) in County Kildare; if same is on line to be completed by the end of 2009; if delays are anticipated; if so, the reason for same; and if he will make a statement on the matter. [27034/09]

County Kildare Vocational Education Committee as client/contracting authority for the project referred to by the Deputy, is currently re-locating the school and extending capacity to 1000 pupils. The project is currently in construction and is due to reach completion later this year.

Bernard J. Durkan

Question:

208 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large scale capital funding which it applied for in 1999; and if he will make a statement on the matter. [27035/09]

In 1999, the Department received an initial application for large scale capital funding from the school to which the Deputy refers. The most recent application from the school was received in March 2009 requesting funding for a new school on a site to be provided by the Parish.

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 the 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.

Question No. 209 answered with Question No. 191.

Departmental Funding.

Bernard J. Durkan

Question:

210 Deputy Bernard J. Durkan asked the Minister for Education and Science the date he received an application for major capital funding from a school (details supplied) in County Kildare; when same is expected to be granted; and if he will make a statement on the matter. [27037/09]

The school to which the Deputy refers has not applied to my Department for large scale capital funding and it has indicated to my Department that it is not currently in need of such funding.

Schools Building Projects.

Bernard J. Durkan

Question:

211 Deputy Bernard J. Durkan asked the Minister for Education and Science the current or expected position in regard to the provision of the new school and extra facilities required at Kill, County Kildare; the developmental procedures concluded or pending; when it is expected that all procedures will be finalised with a view to conclusion of the project in readiness for occupation; the projected date in this regard; and if he will make a statement on the matter. [27038/09]

I am pleased to inform the Deputy that the project to which he refers recently went on site and it is envisaged that the new school building will be complete in 12-15 months.

Bernard J. Durkan

Question:

212 Deputy Bernard J. Durkan asked the Minister for Education and Science when he expects to meet in full the application for major capital funding at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [27039/09]

A major capital project delivering a new 8 classroom school was completed in 2006 for the school referred to by the Deputy. In 2007 the school in question received approval to build additional classrooms under the devolved Permanent Accommodation Scheme (PAS) and a grant on this basis was approved. The Board of Management was recently approved additional funding in relation to additional costs arising on the project. I understand that the project is ready to go to construction shortly.

Question No. 213 answered with Question No. 201.

Departmental Funding.

Bernard J. Durkan

Question:

214 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which it is intended to continue to provide financial support and assistance to ensure the continued operation of the full range of facilities at a service (details supplied) in County Kildare; if his attention has been drawn to the commitments, the ongoing needs and the future requirements of children and adults in this category; his views on the need to make substantially increased provision in the future in view of the expected requirements; and if he will make a statement on the matter. [27041/09]

I understand that the Deputy is referring to financial support for specialised furniture for children with special needs. In general, where pupils have specific physical needs for specialised/adapted furniture and equipment in order for them to attend school, an application for funding may be made to the Planning and Building Unit in my Department. This application must be supported by an Occupational Therapist's Report confirming the need for the item(s) in question.

It is open to all schools to submit such applications on an ongoing basis as required. These applications are assessed and approved, where appropriate, as expeditiously as possible. The school referred to by the Deputy has submitted several applications for specialist furniture and equipment recently, the majority of which have been approved funding. Any remaining applications will be assessed and the school notified of the outcome in due course.

Higher Education Grants.

Bernard J. Durkan

Question:

215 Deputy Bernard J. Durkan asked the Minister for Education and Science the requirements for qualification for higher education grants in the case of holders of stamp four residency status; and if he will make a statement on the matter. [27048/09]

Bernard J. Durkan

Question:

216 Deputy Bernard J. Durkan asked the Minister for Education and Science if holders of stamp four residency status have qualified for higher education grants in any vocational education committees area here; and if he will make a statement on the matter. [27049/09]

I propose to take Questions Nos. 215 and 216 together.

Under the terms of the maintenance grant schemes, grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment. The decision on eligibility for a higher education grant is a matter for the relevant local authority or VEC as appropriate.

The Nationality requirement as set out in the 2008 Grant schemes states candidates must:

hold E.U. Nationality; or

have Official Refugee Status; or

have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; or

have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

be nationals of a member country of the European Economic Area (EEA) or Switzerland.

The Department of Justice, Equality and Law Reform adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. A ‘stamp 4' does not of itself convey any entitlement to public services. It is the candidate's nationality or his/her immigration status in the State that determines whether or not he/she meets the nationality requirement outlined in the Scheme. Possession of a ‘stamp 4' does not automatically satisfy the nationality requirement of the grant schemes. My Department understands a ‘stamp 4' can be awarded to categories of applicants other than those specified in my Department's grant schemes.

School Staffing.

Bernard J. Durkan

Question:

217 Deputy Bernard J. Durkan asked the Minister for Education and Science the total number of schools here expected to be affected by staff reductions arising from cuts announced in budget 2009; and if he will make a statement on the matter. [27050/09]

I am committed to providing information in relation to the allocation of teachers to schools and as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

To be clear there is no doubt that the budget measures concerning staffing will have an impact. There is simply no easy way to control or reduce public expenditure.

At the level of individual schools the changes in relation to the allocation of teaching posts will impact 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. Across the school system generally there will inevitably be an impact on class sizes and at post-primary level the changes will impact on the capacity of individual schools to offer as wide a range of subject choices as heretofore in future years.

My Department will through the normal processing of examining applications for curricular concessions endeavour to ensure continuity of provision for those already preparing for the certificate examinations. The changes at second level are therefore more likely to impact on the range of subjects that schools will be able to offer to those starting the Junior or Leaving Certificate programmes next September.

The Deputy may be interested to know that information on the current position regarding teacher allocations to second level schools, whether enrolment related or otherwise, will be published on my Department's website in the coming week. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions. The information will be further updated later in the year when final allocations are determined.

All the above allocations, primary and post-primary 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 the allocation of support teachers, additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes.

The final staffing position for all schools will ultimately not be known until the Autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and any appeals to the Staffing Appeals Boards will have been considered. The appellate process is particularly relevant at post-primary level where any specific curricular needs of the school concerned are considered. Also at post-primary there is no effective system wide redeployment scheme at present and this can mean that schools may end up retain teachers, though over quota.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

218 Deputy Bernard J. Durkan asked the Minister for Education and Science the average class sizes in each primary school on a county basis here; and if he will make a statement on the matter. [27051/09]

Bernard J. Durkan

Question:

221 Deputy Bernard J. Durkan asked the Minister for Education and Science the average class size here as at 31 December 2008; the current or projected class size; and if he will make a statement on the matter. [27055/09]

I propose to take Questions Nos. 218 and 221 together.

Information in relation to average class size and pupil teacher ratio is provided in the annual census of primary schools. The details for the current school year (2008/2009) are currently being compiled by my Department and the final outcome will be available later in the summer.

Psychological Service.

Bernard J. Durkan

Question:

219 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which psychological assessment is available to all schools in County Kildare; they way this compares with the rest of the country; and if he will make a statement on the matter. [27053/09]

As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved and paid for by NEPS.

I can inform the Deputy that during the academic year just ended some 95.4% of Kildare Primary and Post-Primary Schools had a NEPS psychologist assigned to them. These schools represent over 98% of pupils in the county. Nationally 74.3% of schools and 85% of pupils had access to a NEPS psychologist is the same period.

Special Educational Needs.

Bernard J. Durkan

Question:

220 Deputy Bernard J. Durkan asked the Minister for Education and Science the full requirement of special needs assistants here based on reports from the various school authorities; his plans to meet these requirements; and if he will make a statement on the matter. [27054/09]

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 resource teachers and Special Needs Assistants (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. School authorities apply directly to the NCSE for such support. I have referred the matter raised to the NCSE for their attention and direct reply.

Question No. 221 answered with Question No. 218.

School Accommodation.

Bernard J. Durkan

Question:

222 Deputy Bernard J. Durkan asked the Minister for Education and Science his proposals to address all outstanding accommodation requirements at schools throughout the country and in County Kildare over the next three years; and if he will make a statement on the matter. [27056/09]

The 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 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. Accommodation requirements at schools throughout the country and in County Kildare will be considered in this context and within the framework of the Schools Building and Modernisation Programme.

Legislative Programme.

Ruairí Quinn

Question:

223 Deputy Ruairí Quinn asked the Minister for Education and Science his proposals to ensure that his Department is capable of quickly and efficiently drafting legislation to put before the Houses of the Oireachtas; if his attention has been drawn to the lack of progress with the Student Support Bill 2008, the proposed education (patronage) Bill, the proposed George Mitchell Scholarship Fund Act 1998 (Amendment) Bill and the proposed Qualifications (Education and Training) Bill; and if he will make a statement on the matter. [27285/09]

As the Deputy may be aware, the drafting of Government legislation is a matter for the Office of the Parliamentary Counsel to the Government which is the statutory body charged with that function. I am satisfied that the drafting of legislation on behalf of my Department is dealt with as expeditiously as possible in order that it may be put before the Houses of the Oireachtas for debate at the earliest opportunity.

The preparation of a scheme of Bill in relation to proposed legislation is a matter for my Department and I am satisfied also that this work is progressed as quickly as possible, taking account of the often complex policy and legal issues that arise, and the current constraints in relation to staffing and other resources.

It is inevitable that, both during the preparation of a scheme of Bill and during the drafting process, policy and legal issues arise that must be dealt with comprehensively before the relevant legislation can be progressed. Such issues can also arise during the passage of legislation through the Houses. As Minister for Education and Science I believe that it is essential to ensure that the legislation presented in my name is legally sound, even if some delay is necessary to ensure this.

The Student Support Bill has not yet moved to Committee stage, as a number of legal and policy issues which have arisen require resolution before the necessary amendments can be tabled at committee. Given the range and complexity of the issues to be addressed and the budgetary context in which the related administrative reform will have to be developed, it is now more likely that the Bill will progress to Committee stage in the autumn session. However, my Department continues to be fully committed to bringing forward this important piece of legislation in the shortest possible timeframe. The scheme of an Education (Patronage) Bill has been approved by Government for drafting and I hope to have the Bill published and passed during the Autumn session 2009.

In the case of the George Mitchell Scholarship Fund (Amendment) Bill 2009, preparatory work on the General Scheme of this Bill has been completed by my Department. I hope to have the Bill published and passed during the Autumn session 2009. With regard to the Qualifications (Education and Training) Bill, the Deputy will be aware that this amalgamation involves consolidating and amending functions currently performed by at least five separate agencies and presents a considerable legislative challenge. A period of consultation on the implementation of the amalgamation has recently concluded. The breadth and complexity of the issues involved is clear from the contents of the consultation paper. My Department is currently preparing the General Scheme of the required legislation, which I expect to bring to Government for approval in the Autumn. This is in line with the original timetable for the amalgamation and we remain on target for the establishment of the new organisation in late 2010.

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