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Dáil Éireann debate -
Thursday, 13 May 2010

Vol. 709 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 9, inclusive, answered orally.

Garda Vetting Services

Caoimhghín Ó Caoláin

Question:

10 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the steps he will take about the delays experienced by those seeking Garda vetting which is resulting in the loss of job opportunities in some instances. [19653/10]

The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

The GCVU has managed a substantial increase over recent years in the numbers of vetting applications received by it. In 2007 there was 187,864 applicants. This rose to 218,404 in 2008 and to 246,194 in 2009.

The processing time for vetting applications fluctuates during the year due to seasonal demands when the volume of applications received from certain sectors can increase, for training placements for example. Additional time may be required to process an individual vetting application in cases where clarification is required as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. I do not accept that the period taken to complete work on a vetting application amounts to a chronic delay. The Gardaí make every effort to reduce this to the minimum possible consistent with carrying out the necessary checks. I am informed by the Garda Authorities that the average processing time for valid vetting applications received at the GCVU may vary from four to five weeks in periods of lower demand to up to 12 weeks at times when demand is particularly high.

The allocation of Garda resources, including personnel, is a matter for the Garda Commissioner. There is currently a total of 83 personnel assigned to the vetting unit, including six Gardaí and 77 Garda civilian personnel. Five additional personnel are being recruited on a temporary basis for 3 months, these personnel will commence work during June. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005.

Irish Prison Service

Kieran O'Donnell

Question:

11 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform his plans to reform the prisoner gratuity scheme; and if he will make a statement on the matter. [19438/10]

As the Deputy is aware all prisoners have a statutory entitlement to a daily gratuity. The current rate of gratuity, applicable since 1st January, 2004, is €2.35 daily, which equates to a weekly total of €16.45.

In accordance with the Prison Rules, 2007, additional gratuity payments may be made to prisoners engaged in authorised structured activities. This additional allowance is typically paid in the form of vouchers which can be used to purchase goods in the prison tuck shop. The levels of additional gratuity paid in respect of different types of structured activities are set by the senior Governor in each institution and currently the value of these allowances is approximately €10 per week.

The purpose of the gratuity is twofold. Firstly, it allows prisoners to purchase personal goods which are not provided by the prison. Secondly, it allows prisoners to save money which on release may assist them in making a new start, e.g. putting a deposit on accommodation or buying new clothes.

Each prison has a shop in which personal items are available for purchase by prisoners. These items include newspapers, toiletries, Christmas and birthday cards, presents for their children and family members and confectionary. The payment of the gratuity reduces the pressure to provide funds, which may be placed on the family left outside. Many prisoners' families have difficulty in subsidising the person in custody and the majority of these families and can ill afford to fund the purchase of these items. There are also significant numbers of prisoners who have no external support whatsoever and are totally dependent on the gratuity to purchase personal items that are not supplied by the prison.

As with all monies paid out of the Irish Prison Service Vote, the payment of gratuities is routinely monitored and reviewed and in this context it is proposed to review the payment of gratuities and additional allowances to prisoners. It is not possible at this point to foresee whether this will lead to a reform of the gratuities system, but as with all such reviews, value for money for the taxpayer will be to the forefront.

Tobacco Smuggling

Pat Rabbitte

Question:

12 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps the gardaí are taking to deal with the continuing problem of the sale and distribution of smuggled cigarettes, particularly in view of suggestions of the involvement of criminal gangs in this activity; and if he will make a statement on the matter. [19586/10]

I should start by reminding the Deputy that law enforcement in relation to smuggled cigarettes is primarily a matter for the Customs authorities of the Revenue Commissioners as most offences committed are contrary to the Finance Acts. Revenue's strategy for tackling this illicit trade is focussed both on intercepting and seizing illicit consignments at the point of importation and also on carrying out checks at retail outlets, markets and commercial premises. The approach taken to tackle the problem at the point of importation involves a combination of cargo and passenger risk profiling by specialist staff, intelligence gathering, sharing of information with other Customs Services and where appropriate using x-ray scanning technology to detect contraband in maritime and air transport.

The fight against the illicit tobacco trade involves close co-operation between the Customs Service and An Garda Síochána. For major cigarette seizure operations Revenue's Customs Service regularly calls on An Garda Síochána for assistance and backup. Where feasible, large consignments are placed under surveillance and allowed to proceed to their destination under a controlled delivery with a view to identifying those responsible for the importation. These controlled delivery operations are normally carried out on a multi-agency basis with Garda assistance.

The multi-agency Operation Samhna, which resulted in the seizure of an estimated 120 million cigarettes at Greenore on 27 October 2009, is a prime example of the fruits of a multi-agency cooperation in the fight against organised crime. The Revenue Commissioners have assured me that the multi-agency approach is now standard practice in all large-scale fiscal smuggling operations and that, in this particular operation, the high level of co-operation contributed directly to the success achieved.

I am advised by the Garda authorities that all members of An Garda Síochána are tasked with enforcing criminal legislation in collaboration with other relevant agencies within and outside the State. The Anti-Racketeering Unit, within the National Bureau of Criminal Investigation, provides expert guidance and support to Divisional and District Garda personnel tasked with the investigation of the importation and sale of illicit and counterfeit goods, including cigarettes.

The Criminal Assets Bureau, in conjunction with the Revenue Commissioners (Customs & Excise) and Her Majesty's Revenue and Customs have been involved in a number of operations targeting the large scale importation of cigarettes by organised crime gangs. These investigations have resulted in a number of actions by the Criminal Assets Bureau against individuals involved in this activity. As part of its statutory remit the Criminal Assets Bureau will continue to target the proceeds of this criminal activity.

An Garda Síochána, separately and in conjunction with the Revenue Commissioners, will continue to target offenders who are found to be engaged in the sale and/or distribution of counterfeit/contraband cigarettes.

I am advised by both organisations that there is an excellent level of cooperation and sharing of information between them and that they will continue to work closely on these and other issues.

Prison Committals

Joe McHugh

Question:

13 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of people that were imprisoned for failure to pay fines and civil debts to date in 2010; and if he will make a statement on the matter. [19456/10]

I can advise the Deputy that the number of such persons actually held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point, 9 prisoners out of a total of 4214 or 0.2% of the prison population on 10 May 2010 fell into this category. As the Deputy will know the new Fines Bill completed Report and Final Stage in the Seanad earlier this week. The Bill makes provision for the use of non-custodial options for the non-payment of fines such as Community Service. I expect the number of committals for non-payment of fines to fall substantially once this legislation comes into force.

I wish to inform the Deputy that the number of committals to prison for failing to pay fines is 1431 up to and including 31st March 2010. The number of committals for the same period for failing to pay a civil debt is 3.

Prison Building Programme

Sean Sherlock

Question:

14 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the progress made over recent months on the Thornton Hall project; if consideration has been given to rethinking the project in favour of a more feasible smaller institution; and if he will make a statement on the matter. [19608/10]

As the Deputy is aware the Government has re-affirmed its commitment to developing a new prison campus at Thornton Hall, County Dublin and also approved the launch of a new tendering process for the construction of a more affordable and better value prison campus at Thornton. The aim is to provide good quality, regime focussed prison accommodation with appropriate support and rehabilitative facilities for prisoners to prepare them for re-integration back into society.

As previously stated, the new prison facility will provide accommodation for 1,400 cells with operational flexibility to accommodate up to 2,200 in a range of security settings and facilities. The Irish Prison Service is satisfied that the scope and scale of the project is appropriate given the current level of committals.

The development of the new prison at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings.

Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July.

It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year.

The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete.

In relation to the main prison development, the National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multi-disciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year. It is anticipated that the prison will be operational within 3 years from the commencement of the construction of the main prison campus.

The detailed design of the new prison has not yet been finalised. When designing a new prison, the Irish Prison Service must take into consideration a whole range of factors. These include the need to provide sufficient accommodation to meet current and future committals from the courts, the need to provide safe, secure custody for offenders and, the provision of appropriate rehabilitation services in order to prepare offenders for re-integration back in to society on completion of their sentence.

The new prison at Thornton Hall will be a campus style development with a range of prisoner accommodation units and security settings within the perimeter wall. I am confident that this is the best option to meet the needs of the Irish Prison Service and to deliver the type of prisoner rehabilitation programmes that are not currently possible at Mountjoy due to the lack of basic infrastructure and the historical nature of the buildings which date back to 1850.

National Drugs Strategy

Martin Ferris

Question:

15 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the position regarding his response to head shops; and if the Bill he has discussed with the media will alter the currently very slow process by which drugs are banned. [19651/10]

Tom Hayes

Question:

17 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform his legislative approach to the growing problem of head shops in the State; and if he will make a statement on the matter. [19426/10]

I propose to take Questions Nos. 15 and 17 together.

As part of a multi-pronged approach targeting the activities of head shops, the Government made two important decisions earlier this week.

The primary vehicles for regulating psychoactive substances are the Misuse of Drugs Acts 1977 and 1984. Accordingly, the Government made an order declaring certain substances, including mephedrone, to be controlled drugs for the purposes of the 1977 Act. The Minister for Health and Children has made the necessary statutory instruments to control these substances, which include the mainstream of psychoactive substances being sold in head shops. The instruments make the possession and sale of these substances illegal and subject to criminal sanctions and they can be dealt with using all the powers available under the Misuse of Drugs Act.

However our experience with head shops has shown that new psychoactive substances can appear with little notice. These new substances can be exploited by suppliers who make them available without regard to the well being of the individuals or society at large before they are subject to regulation. I believe that the public safety issues are too serious to allow such a situation to arise again.

Accordingly, the Government has also approved my proposals for a general criminal justice response to deal with the supply of new psychoactive substances as they emerge, which will operate in addition to the Misuse of Drugs Acts controls. The Criminal Justice (Psychoactive Substances) Bill, which the Government has approved for drafting as a matter of priority, will bring the full force of the criminal justice system to bear down on the activities of head shops or any other supplier engaged in the sale of unregulated psychoactive substances.

Under the proposed Bill, I am providing that the sale or supply of unregulated psychoactive substances for human consumption will be a criminal offence. In addition I intend to give appropriate powers to the Gardaí and to the courts to intervene quickly in a non criminal procedure to prevent the sale of such products by way of appropriate prohibition orders. The Bill will also contain full search and seizure powers for the Garda Síochána and Revenue's Customs Service.

Youth Crime

Joe Costello

Question:

16 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on the reported significant increase in juvenile crime, with the number of juveniles charged with criminal offences in the Children’s Court increasing by 90% between 2004 and 2008; the steps he will take to combat the increase in juvenile crime; and if he will make a statement on the matter. [19592/10]

I presume the Deputy is referring to the Irish Independent article on 4th May 2010 which alleged that, between 2004 and 2008, there was an increase of 99.6% in the number of young people charged before the criminal courts. I would like to reassure the Deputy that this government takes the issue of youth crime very seriously. However it is important to note that the real increase in the period is nothing as dramatic as that claimed in the article.

The article in question quotes from the Courts Service annual reports for 2004 and 2008. However it fails to compare like with like. The 2004 report states clearly that the statistics in question relate only to the Dublin Metropolitan Court, whereas the 2008 Courts Service annual report gives national statistics. To more accurately compare the national statistics for youth crime for this period, I would recommend the Deputy consult the Annual Reports of the Committee appointed to monitor the Garda Diversion Programme. The reports for 2004 and 2008, which are available on the Irish Youth Justice Service website (www.iyjs.ie), show a 25.7% increase in the number of children deemed unsuitable for diversion, from 2,718 to 3,417. This provides a reliable indicator of the number of children prosecuted before the courts. The 25.7% increase is not out of line with the overall increase in referrals to the Diversion Programme for the same period, which was the order of 21.3%. This increase was substantially based on an increase in road traffic legislation enforcement in 2006 and on the general increase in Garda numbers in the same period.

Tackling youth crime is a key priority for this Government. The Government's policy on youth crime is set out in detail in the National Youth Justice Strategy 2008-2010. This strategy is underpinned by the principles of the Children Act 2001. The approach adopted by the Government involves the deployment of Garda Juvenile Liaison Officers and the use of measures such as the Garda Diversion Programme, Garda Youth Diversion Projects, Young Persons Probation Projects, community sanctions and the incremental process of warnings, good behaviour contracts and anti-social behaviour orders, all of which attempt to confront youth crime and related behaviours in an incremental way. The combination of these various measures, with detention as a last resort, offer a comprehensive and effective response to the question of youth crime.

It is important to note that these measures do not provide an easy option for young offenders. They are designed to tackle offending behaviour and can also involve close supervision, curfews and other restrictions. There is a comprehensive range of measures available to the courts, including, where appropriate, sufficient places to meet the needs of the courts for the detention of young offenders. It is important to note, however, that the imposition of any particular sanction is a matter for the courts.

Question No. 17 answered with Question No. 15.

Criminal Justice (Amendment) Act 2009

Liz McManus

Question:

18 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform if all sections of the Criminal Justice (Amendment) Act 2009, have been brought into operation; the number of occasions on which the powers contained in the Act have been used since its enactment; the number of prosecutions transferred to the Special Criminal Court under the provisions of section 8 of the Act; the number of charges that have proffered under the powers contained in the Act; and if he will make a statement on the matter. [19618/10]

As the Deputy is aware, the Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the legislation is to make additional measures available to An Garda Síochána to combat organised crime.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. Given the serious nature of the offences dealt with under the legislation in question a full and thorough investigation of individuals and their activities is necessary and must be conducted before charges can be brought against them. The Garda Commissioner has assured me that the Gardaí are utilising the legislation fully.

I am advised by An Garda Síochána that as a result of investigations focussing on organised crime a number of Garda investigation files have been submitted to the Director of Public Prosecutions for direction. Relevant statistics in relation to the utilisation of the Criminal Justice (Amendment) Act 2009 will be compiled in the context of seeking the renewal of certain provisions later this year. However, I can inform the Deputy that four people have already appeared before the Courts this week charged with offences under the legislation relating to participation in organised crime activity. This happened in recent days. Given that these cases are now before the Courts, it would be inappropriate for me to comment further at this time.

I can assure the Deputy that An Garda Síochána will continue to utilise all resources available to them in order to combat the activities of those engaged in criminality of all forms. As Minister, I remain fully committed to supporting them in their ongoing efforts and will ensure that the necessary resources are made available as and when they may be required.

Garda Investigations

Emmet Stagg

Question:

19 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if, arising from a written submission made by the Garda Sergeant at Celbridge on 25 June 2008 concerning the closure of a pedestrian right of way (details supplied) in Celbridge, County Kildare, he will provide a list of the complaints made by the public and that were logged or recorded at the Celbridge Garda station in the two years prior to the submission; the dates of each complaint; the nature of the complaint; if they concerned loitering, public drinking, littering, assault, noise and so on; the specific actions taken by the gardaí in relation to each complaint; if the offenders were questioned; if so, the number and dates of same; if offenders were arrested; if changes were prepared, the number and dates of each; and if he will make a statement on the matter. [19393/10]

I am informed by the Garda authorities that local Garda management is aware of difficulties being experienced by residents in the area referred to by the Deputy as a result of incidents of public disorder and anti-social behaviour.

I am further informed that Garda records indicate that, between February, 2001 and November, 2009, there were eighteen incidents recorded as having occurred in this area — five incidents of property related crimes, seven incidents of criminal damage, one incident of theft from a vehicle and five incidents of anti-social behaviour. The Deputy will be aware that it is not the practice to comment on issues which are operational matters for the Garda authorities.

The area is subject to regular patrols by uniform and plain clothes units, including the Community Policing Unit and local Detective Units, with additional uniform and plain clothes patrols and checkpoints conducted under Operation Anvil by Divisional detective and Traffic Corps personnel.

Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

Current policing strategies are designed to prevent crime, public order offences and anti-social behaviour, and community policing is a central feature and core value of policing policy. This will ensure an environment conducive to the improvement of the quality of life for residents.

Irish Prison Service

Jim O'Keeffe

Question:

20 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on the overcrowded conditions in prisons here in view of the recent resignation of a prison governor (details supplied) citing impossible conditions in the prison as the reason for their resignation; and if he will make a statement on the matter. [19394/10]

I would like to advise the Deputy that the Governor referred to in his question has, in fact, retired from the prison service and has not resigned as he has stated.

On 10 May, 2010 there were 4,214 persons in custody compared to a bed capacity of 4,066.

The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield.

In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will have approximately 1,400 cells on a 130 acre site. The new prison facility will have operational flexibility to accommodate up to 2,200 in a range of security settings.

The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September.

Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

The Dochas Centre, which accommodates the majority of female prisoners in Ireland, was purpose built and specifically designed for women and is recognised internationally as a model of best practice with extensive rehabilitative programmes and courses available for the female prisoners accommodated there. However, since the facility was opened it regularly accommodates prisoner numbers in excess of its design capacity. Accordingly, the Irish Prison Service introduced contingency measures including the installation of bunk beds — to alleviate the practice of women sleeping on mattresses on floors. These contingency measures were discussed with the Governor at the time.

In the medium term, work is due to commence on converting an administrative building on the Dochas site into a new accommodation block. This will provide 30 rooms with sufficient area to double up if required and is due to be completed by August/September, 2010.

In the long term the Dochas Centre is to be replaced by a new women's prison at the prison development at Thornton Hall, Co Dublin. This will provide accommodation for approximately 200 women. The design will be based on the concept of single room occupancy, will allow for the separation of sentenced and non-sentenced offenders and will afford a greater opportunity of enhanced regimes thus allowing for greater flexibility.

Bench Warrants

Ulick Burke

Question:

21 Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the number of bench warrants that are outstanding; and if he will make a statement on the matter. [19404/10]

Bernard J. Durkan

Question:

146 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of warrants for arrest on foot of criminal charges outstanding at present; the average length of time for execution of such warrants; and if he will make a statement on the matter. [19758/10]

I propose to take Questions Nos. 21 and 146 together.

I am informed by the Garda authorities that there are 37,394 bench warrants recorded as unexecuted as of 10 May, 2010. Information requested by the Deputy on the average length of time taken to execute a warrant is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources. However, in 2008 the majority of bench warrants received by An Garda Síochána were executed within three months.

It is inevitable in any criminal justice system that at any given time there will be a significant number of warrants awaiting execution. The Garda authorities are committed to strengthening the warrants enforcement process. The Commissioner has raised the issue of the execution of warrants with each Regional Assistant Commissioner and a range of measures, aimed at reducing the number of warrants on hand, have been identified and are being implemented. These measures include the re-assignment of additional Gardaí to this function and the appointment of Inspectors with responsibility for execution of outstanding warrants. The position is being closely monitored by senior Garda management and consideration will be given, at an organisational level, to introducing further measures to address the issue if necessary.

It should be borne in mind too that the vast majority of the outstanding bench warrants relate to unpaid fines for modest sums, arising from minor infractions of the law and not convictions arising from violent and other serious crime. An Garda Síochána gives priority to the execution of warrants in respect of serious crime.

The Fines Bill 2009 provides for the payment of fines by instalments and an improved means of assessing the capacity of a person to pay a fine. It also gives the courts powers to make a community service order in default of non-payment of a fine. As a result, imprisonment for default should in future become the exception rather than the rule. Moreover, since so many warrants relate to financial penalties, these proposals should result in less warrants being issued. Furthermore, the Enforcement of Court Orders (Amendment) Act 2009, ensures that a debtor cannot be imprisoned if he or she is unable to pay the debt and will tend to result in a smaller number of warrants being issued.

The operation of the warrants system will continue to be monitored, particularly with a view to making whatever changes may be necessary to improve its operation.

Garda Strength

Emmet Stagg

Question:

22 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of the 170 Garda promotions, for which Cabinet approval has been given to fill vacancies arising from the many retirements now being experienced by the force, that have now been made; when he expects this process to be completed; and if he will make a statement on the matter. [19606/10]

As the Deputy will be aware, the moratorium on recruitment and promotions in the Public Service applies to the Garda Síochána, both sworn members and civilian support staff. The situation is continually kept under review in consultation with the Garda Commissioner and derogations can be sought in exceptional circumstances from the Minister for Finance.

I recently received sanction from the Minister for Finance for the filling of approximately 170 vacancies in An Garda Síochána. There will also be consequential vacancies arising from these promotions and sanction from the Minister for Finance to fill these vacancies has been obtained. In total there has been 205 promotions so far and there are currently competitions being held for the promotion of Sergeants to the rank of Inspector and from Inspector to the rank of Superintendent, which are expected to be finalised shortly.

Prisoner Releases

Noel Coonan

Question:

23 Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform his plans to reform the remission regime in prisons; and if he will make a statement on the matter. [19408/10]

Having noted the proposal of the Fine Gael Justice spokesperson in a recent Adjournment Debate to introduce further remission incentives, I have no plans to revise the remission regime in prisons at this time. As the Deputy may be aware, the majority of prisoners are entitled to statutory remission of one quarter of their sentence. Section 59(2) of the Prison Rules 2007, allows for the discretionary granting of additional remission up to one third where a prisoner has shown further good conduct through his engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

I can at the outset advise the Deputy that this additional concession will only be awarded in exceptional cases and where I am satisfied beyond any doubt that the prisoner concerned has demonstrated that she/he meets the requirements as set out in the Prison Rules. Perhaps I should also point to the fact that despite this additional opportunity to earn additional remission our remission rates are significantly below the level currently operating in the UK and Northern Ireland for automatic conditional release where rates of 50% are in place. While there are a number of applications for extra remission under consideration at present, to date only one prisoner has been granted this concession.

Crime Levels

Eamon Gilmore

Question:

24 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform his views on the recent figures from the Central Statistics Office showing significant increases in 12 of the 16 main recorded offence groups between 2004 and 2008; the steps he is taking to counter this upward trend in crime; and if he will make a statement on the matter. [19594/10]

The report referred to by the Deputy is the Central Statistics Office publication Garda Recorded Crime Statistics 2004-2008, which gives greater detail on previously published statistics. While the report indicates increases in a number of crime categories over the four year period, I am pleased to note that there were decreases of 20% in sexual offences, 15% in robbery, extortion and hijacking offences, 9% in homicide offences and 1% in burglary and related offences. Increases in a number of categories, such as public order and controlled drug offences, can be attributed predominantly to increased Garda enforcement activity.

The most recent recorded crime statistics published by the CSO, for the first quarter of 2010, show a decrease in 13 of the 14 crime groups for which statistics are given, compared with the same quarter in 2009. This shows that the Government's policies on tackling crime and the resources made available, along with the outstanding work of the dedicated members of An Garda Síochána, are having a positive effect. Significant decreases in the numbers of cases of manslaughter and dangerous driving leading to death contributed to a fall in homicide offences of 28% in the first quarter. There were also welcome decreases in sexual offences, which were down 5.8%, and controlled drug offences, which were down 17.2%. While there is no acceptable level of homicide, the number of cases of murder and manslaughter combined showed no increase either in the quarter or in the year to the end of the quarter. There was an increase of one in the number of murders in the quarter.

The Gardaí face severe challenges in dealing with gangland murders. It was partly against that background that last year I introduced two groundbreaking pieces of legislation: the Criminal Justice (Surveillance) Act and the Criminal Justice (Amendment) Act. Since the legislation was enacted, the Gardaí have been utilising it fully to build up cases against those involved in gangland crime. Charges are being brought under the new legislation. In addition, there are files with the Director of Public Prosecutions, and more are being prepared for submission to him. The Criminal Procedure Bill 2009, currently before the House, gives effect to the measures contained in the Justice for Victims Initiative. The Bill proposes to end the ban on retrying persons who have been acquitted in specified circumstances and provides for reform of the law on victim impact statements.

I have introduced the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, which will see the establishment, for the first time, of a national DNA database in Ireland. This represents a major step forward in the fight against serious crime and will give An Garda Síochána access to intelligence on a scale and of a quality that has never before been available in this country.

Both the Commissioner and I have been concerned at the level of property theft and one of the policing priorities which I set for An Garda Síochána in 2010 is achieving maximum levels of safety for local communities. An Garda Síochána will continue to develop and implement strategies to target those committing such crimes, which are often carried out against vulnerable members of the community. In this regard, I have met the Attorney General about the issue of mandatory sentencing for such crimes, and he has requested the Law Reform Commission to examine the issue. I will consider whether any further measures are required in the context of the examination by the Law Reform Commission and advice from the Attorney General.

The budgetary allocation for An Garda Síochána in 2010, set against a difficult economic backdrop, amounts to €1.5 billion and gives me the scope to continue to prioritise resources in dealing with crime. Despite the increased Garda retirements in 2009, the force numbered just over 14,500 members at the end of 2009, compared with 14,412 at the end of 2008 and 13,755 at the end of 2007. I have received sanction for a significant number of promotions in An Garda Síochána, notwithstanding the current moratorium on promotions in the public service. I welcome the recent publication of a Garda Inspectorate report on resource allocation in An Garda Síochána and recommendations which aim to improve the service to the public and the working conditions of frontline Gardaí. The Commissioner is preparing to implement a range of improvements to resource allocation systems.

Garda Operations

Róisín Shortall

Question:

25 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the action the Gardaí plan to take in regard to the continued operation, especially in the Dublin area, of gaming arcades and other premises operating in breach of the Gaming and Lotteries Act 1956, particularly in regard to the maximum permitted stake; and if he will make a statement on the matter. [19621/10]

As the Deputy is no doubt aware, under the Gaming and Lotteries Acts 1956-2003, it is a matter for the Garda Síochána to investigate breaches of the legislation and to take whatever action is deemed appropriate. I have been assured that such premises receive Garda attention and if breaches of the legislation are detected appropriate action taken. If the Deputy has information about any specific breaches of the relevant provisions of the Acts she should bring them to the attention of the Gardaí, alternatively I would be happy to forward them to the Garda authorities on her behalf.

Probation and Welfare Service

Arthur Morgan

Question:

26 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform his views on whether the reduction in the number of probation officers and community service supervisors resulting from the moratorium on recruitment is compounding the overcrowding problem in our prisons. [19655/10]

As the Deputy will be aware the Probation Service of my Department has been re-focusing its work in more recent years and part and parcel of that re-focusing has been the provision of an increased level of resources. This has meant that despite the impact of the Moratorium and other associated measures such as the Incentivised Scheme of Early Retirement (ISER) and the Incentivised Career Break Scheme (ICBS), the number of staff working in the Service is still greater than at the end of 2006 and only marginally less than at the end of 2007. Excluding those vacancies arising from staff availing of ISER and ICBS, both of which Schemes were specifically designed to reduce Civil Service numbers, 28 whole-time equivalent vacancies have arisen since the introduction of the Moratorium. Of these, 21 are in the ranks of Probation Officer/Community Service Supervisor with the remainder from Administrative Support Staff.

My Department and Probation Service management are keeping the situation under constant review and in the meantime are ensuring that the resources at the disposal of the Service are managed as effectively and efficiently as possible. I can confirm that the Courts have been made aware of the impact of the Government’s moratorium on recruitment and priority is being given to assessments that are legally required to be carried out by the Probation Service. I am satisfied that the role of the Probation Service in the operation of the Community Service Scheme continues to provide an alternative to custody for a range of offenders considered suitable to be placed on the Scheme. I do not accept the suggestion in the Deputy’s question that there is a link between resources provided to the Probation Service and committals to prison which are judicial decisions made independently of the executive.

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody by the courts who are independent in the exercise of its function. The Irish Prison Service does not have the option of refusing committals. Overcrowding in prisons is an international problem and is not unique to Ireland. I do acknowledge that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% rise in the number in custody.

The Government has responded to the increasing level of committals to the prison system by providing significant resources to upgrade, replace and increase our prison cell places. This is evidenced by the fact that since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term in Wheatfield and 300 prison spaces in the medium term in the Portlaoise/Midlands prisons complex. The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will provide approximately 1,400 cells on a 130 acre site and will have operational flexibility to accommodate up to 2,200 inmates in a range of security settings.

Crime Levels

Andrew Doyle

Question:

27 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the number of times that the Army bomb disposal unit has been called out to deal with suspect devices to date in 2010; and if he will make a statement on the matter. [19416/10]

Liz McManus

Question:

74 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the number of occasions in 2007, 2008, 2009 and to date in 2010 in which grenades, bombs or improvised explosive devices have been used; the number of occasions in each year when the gardaí called on the assistance of the Army Ordinance Unit to deal with such devices; the number of prosecutions initiated as a result of the discovery of such devices; his views on the increased use of such devices by criminal elements; the steps that are being taken to curb the use of these devices particularly having regard to the danger that they pose the public; and if he will make a statement on the matter. [19617/10]

I propose to take Questions Nos. 27 and 74 together.

I am informed by the Garda authorities that the number of times the Garda Síochána called on the assistance of the Army's Explosive Ordnance Disposal team for the years 2007 to 2010 (to 10 May) are as set out in the following table:

2007

2008

2009

2010

98

180

196

65

I am informed by the Garda authorities that in the period in question proceedings commenced in 18 cases. Garda strategies in counteracting such activities are firmly focused on disrupting organised criminal groups and where sufficient evidence is adduced, proffering charges and bringing persons before the Courts. One of the priorities I have set for the Garda Síochána in 2010 is combating serious crime, in particular organised crime.

Operation Anvil is an important nationwide operation to deal with serious crime, including murder and other violent crime. The primary focus of this Operation is to target active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Temporary Release of Prisoners

Seán Barrett

Question:

28 Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform the number of prisoners that were given temporary release in 2009; the number of same that have gone on to re-offend; and if he will make a statement on the matter. [19400/10]

Bernard Allen

Question:

43 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform the number of prisoners that were given early release in 2009; the number of same that have gone on to re-offend; and if he will make a statement on the matter. [19397/10]

I propose to take Questions Nos. 28 and 43 together.

It is not possible to provide figures to the Deputy as requested as this would require the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

The Irish Prison Service recently facilitated a major study of prisoner re-offending by the UCD Institute of Criminology. The study found that 27.4% of released prisoners were serving a new prison sentence within one year. This rose to 39.2% after two years, 45.1% after three years, and 49.2% after four years. These figures are comparable to other countries where similar studies have been conducted. The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that the Minister may approve the temporary release of a sentenced prisoner. This discretionary instrument assists in gradually preparing suitable offenders for release, in administering short sentences, in addressing humanitarian issues and can be an incentive to well-behaved prisoners. It should be noted that a prisoner on temporary release is still subject to his or her sentence and may be returned to prison without any court intervention.

Temporary release arrangements are an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a regular basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí.

Drugs in Prisons

P. J. Sheehan

Question:

29 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the number of prisoners that have tested positive for drugs in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19444/10]

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

Prison Committals

Bernard J. Durkan

Question:

30 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prisoners currently incarcerated; the number on short term, daily or other forms of release on a monthly basis throughout the past 12 months; the number on early release; the number of prisoners per cell throughout the prison service over the same period; the number of cells with an occupancy rate from one to the maximum over that period; the number of empty cells over the period; the full extent of drugs, weapons or other materials deemed a threat to the security system detected or seized within the prisons during this period; the action taken arising therefrom; when it is expected that normal occupancy and security will be achieved; and if he will make a statement on the matter. [19649/10]

I wish to inform the Deputy that the number of persons in custody on the 10 May 2010 was 4,214. As the Deputy is aware periods of temporary release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months in the case of a life sentence prisoner who has been released into the community a considerable time ago.

It is not possible to provide figures to the Deputy for all forms of temporary release for the period requested as this would require the manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. I am informed by the Irish Prison Service that the number of prisoners on temporary release on 10 May 2010 was 844. This represented approx 16.5% of the overall prisoner population for this day.

As I have previously stated to the house the Irish Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing committals. Their options are simple, they either hold them or release them. I believe the public interest must be protected from the inappropriate release of offenders who may pose a risk to the community. Accordingly the Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware that I have reconfirmed the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The breakdown of the available cell accommodation throughout the prison estate is listed in the table:

Single cells

Double Cells

Treble Cells

Quadruple Cells

More than 4 persons in cell

Total available cells

1,702

809

158

67

9

2,745

It should be noted that some prisons/place of detentions have dormitory style accommodation. In the case of Castlerea Prison, 55 prisoners are held in “The Grove" which is regarded as residential type accommodation. Currently the main spare capacity within the prison estate are on the subversive landings in Portlaoise Prison. For operational and security reasons “ordinary" prisoners cannot be accommodated on subversive landings.

The number of drug seizures for each prison for 2009 and to 2 May 2010 is set out in the table:

Prison/Place of Detention

Number of Drug Seizures in 2009

Number of Drug Seizures in 2010 (until 2/5/10)

Arbour Hill Prison

0

0

Castlerea Prison

65

23

Cloverhill Prison

97

25

Cork Prison

35

18

Dóchas Centre

11

3

Limerick Prison

75

71

Loughan House

12

11

Midlands Prison

93

31

Mountjoy Prison (male)

547

287

Portlaoise Prison

20

10

Shelton Abbey

19

4

St. Patrick’s Institution

92

42

Training Unit

60

8

Wheatfield Prison

167

45

Total

1,293

579

It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures.

The Irish Prison Service continues to work to implement its Drug Policy and Strategy, entitled "Keeping Drugs Out of Prison", which was launched in May 2006. Working to fulfil the commitments contained in the Policy and Strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population as well as meeting prisoners treatment and rehabilitative needs.

Drug users present with multiple and complex problems. The evidence would indicate that a multidisciplinary approach is needed to effectively care for this group and that maintenance of a personalised therapeutic relationship yields the best outcomes. Prisoners have access to a range of medical and rehabilitative services such as psychosocial services and work and training options which assist in addressing their substance misuse issues. The Irish Prison Service has committed significant investment in recent years in responding to addiction issues in the prison system. The most significant new development was the awarding of a contract for addiction counselling services to Merchants Quay Ireland. The Addiction Counselling Service is, in conjunction with other developments, now delivering nearly 1,000 hours per week of prisoner access to addiction counselling across the prison system.

The number of weapons seized by the prison and the Operational Support Group for the same period is set out in the table:

Prison/Place of Detention

Number of weapons seized in 2009

Number of weapons seized in 2010 (until 2/5/10)

Arbour Hill Prison

0

0

Castlerea Prison

160

36

Cloverhill Prison

151

25

Cork Prison

66

20

Dóchas Centre

3

2

Limerick Prison

78

71

Loughan House

2

2

Midlands Prison

59

27

Mountjoy Prison (male)

573

127

Portlaoise Prison

21

4

Shelton Abbey

0

0

St. Patrick’s Institution

183

72

Training Unit

5

5

Wheatfield Prison

172

37

Total

1,473

428

It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures.

The mission of the Irish Prison Service is to provide safe, secure and humane custody for those placed into custody. This is one of the main reasons for the introduction of recent security initiatives, such as airport style security screening including x-ray machines and scanning equipment, the establishment of the Operational Support Group, the establishment of the Drug Detection Dog Service within the Irish Prison Service, the segregation of a number of serious drug and criminal gang members in a high security unit in Cloverhill Prison and the use of phone detectors and phased installation of telephone blocking technology.

No level of inter-prisoner violence is acceptable. Every effort is made by prison staff and management to limit the scope of acts of violence. While the prison regime is designed to limit the scope of acts of violence, it is not possible to completely eliminate the possibility of such acts in prisons holding a high proportion of violent offenders without introducing a regime that would be unacceptable. Recent statistics indicate that since the new security measures were implemented, there is a trend towards more homemade weapons being used, for example, weapons made out of perspex, sharpened toothbrushes, a pool ball in a sock, brush handles or water jugs.

Prison Building Programme

John Perry

Question:

31 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the amount of money that has been spent on the Thornton Hall project to date in 2010; the way in which this money has been spent; and if he will make a statement on the matter. [19441/10]

Lucinda Creighton

Question:

77 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform the position of the Thornton Hall prison facility; the amount that has been spent on the facility by the State thus far, including acquisition of land; and if he will make a statement on the matter. [19648/10]

I propose to take Questions Nos. 31 and 71 together.

The development of the new prison campus at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings.

Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July.

It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year.

The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete.

The National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multi-disciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year.

A total of €42.24 million has been expended on the project to end March 2010.

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

This sum also includes €7.095 million expended on professional fees, €2.919 million on site preparation and various surveys, €0.468 million on landscaping and €0.553 million on security. As is the case with all major infrastructure projects a comprehensive set of geological, engineering and archaeological surveys have been undertaken at the site. These surveys will help to reduce the overall construction programme once a contract for the construction of the prison is awarded.

Drugs in Prisons

Joe Costello

Question:

32 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the call made by the Irish Prison Officers’ Association for more sniffer dogs to prevent drugs being smuggled into prisons, particularly to check vehicles entering prisons; his plans to respond to this call; and if he will make a statement on the matter. [19591/10]

I am aware of the call by the Prison Officers' Association for more sniffer dogs. In June 2007, the Government approved the resources necessary to introduce a range of security measures to target the routes whereby contraband such as drugs, weapons and mobile phones are trafficked into our prisons. One such measure was the establishment of a Drug Detection Dog Service comprising 25 teams in operation right across the prison estate. I am advised by the Director General of the Irish Prison Service that the introduction of this drug detection initiative has been a huge success and has made significant finds of drugs at source.

There are 2 new handlers in training which will bring the total number of handlers to 28.

Legal Code

Kieran O'Donnell

Question:

33 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform his views on sacerdotal privilege; and if he will make a statement on the matter. [19453/10]

The common law provides that a privilege not to disclose "confidential" communications in the course of legal proceedings may be claimed in certain circumstances. One such set of circumstances includes sacerdotal privilege which may apply to a confidential communication between a priest and parishioners.

I have no immediate plans to introduce legislation on the question of privilege.

Garda Transport

Willie Penrose

Question:

34 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of Garda personnel engaged in providing driver and security services to the members of the Government, members of the Judiciary, former Taoisigh or former Ministers; his plans to review the numbers involved with a view to transferring some of these Garda officers to front-line duties fighting crime; and if he will make a statement on the matter. [19612/10]

I have been informed by the Garda Commissioner that there are 56 members of An Garda Síochána permanently assigned duties as Garda Protection Officers to 27 designated persons including current Office holders and former Taoisigh. Included in the duties of the Protection Officer is a requirement to drive the Protected Person. There are no protection officers assigned to former Ministers.

Responsibility for the allocation of personnel rests with the Garda Commissioner, in conjunction with his senior management team. Resource levels are constantly monitored and are kept under review.

Departmental Reports

Ruairí Quinn

Question:

35 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform his plans to bring forward legislative proposals to change the law on debt enforcement in view of his speech to a Law Reform Commission conference on debt on 18 November 2009; and if he will make a statement on the matter. [19610/10]

The position in relation to this matter is as outlined in my reply to Question No. 228 of 11 May, 2010.

Proposed Legislation

Frank Feighan

Question:

36 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the progress that has been made in respect of proposed amendments to the law on maintenance; and if he will make a statement on the matter. [19419/10]

There are a number of provisions in the law for ensuring that payments continue to be made by spouses in support of their dependent spouses and children. They include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments.

While the law generally operates successfully in this area I am aware that difficulties have arisen in some cases because of the effect of a judgment of the High Court last year. The High Court judgment in that particular case had implications for sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes in the law consequent on that judgment in accordance with legal advice.

I can advise the deputy that I am currently in consultation with the Attorney General with a view to developing early proposals for amendments in respect of maintenance enforcement.

Inquiries into Garda Activities

Martin Ferris

Question:

37 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if he has read the report Breakdown of Trust — A Report on the Corrib Gas Dispute; and if he will accede to the earlier existing Garda Ombudsman Commission request to be allowed to conduct a general investigation into policing of the protest there. [19657/10]

The report in question is a contribution to the debate on all the issues surrounding the opposition by some to the Gas Project in North Mayo.

While the Garda Síochána Ombudsman Commission has not been asked to carry out a policy and practices review, it is the case that GSOC has investigated a large number of complaints related to policing of the protests. In the vast majority of these cases it is important to emphasise that there has been no action recommended against the Gardaí.

The policing of the protests against the project has been onerous and difficult for the Gardaí involved. However, the Gardaí are tasked with preserving law and order, without fear or favour, and with ensuring that people can go about their lawful business, including access to their work place. They will continue to uphold that principle while defending and maintaining the human rights of all involved.

Crime Levels

Paul Connaughton

Question:

38 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the number of gun murders that took place in 2008; the number of these that have resulted in prosecutions; the number of these that have resulted in convictions; and if he will make a statement on the matter. [19407/10]

Brian O'Shea

Question:

46 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used from 1988 to date in 2010; the number of such cases in which prosecutions for murder were initiated; the number of such cases in which convictions were secured; if he has satisfied himself with the level of detection and conviction in such cases; and if he will make a statement on the matter. [19615/10]

Pat Rabbitte

Question:

88 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps he will take to counter the ongoing spate of gangland murders; and if he will make a statement on the matter. [19585/10]

Bernard J. Durkan

Question:

156 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to counter the use by criminals of lethal weapons including guns; and if he will make a statement on the matter. [19768/10]

I propose to take Questions Nos. 38, 46, 88 and 156 together.

I am informed by the Garda authorities that during the period 1998 to 2010 (to 7 May) 194 murders involving a firearm were recorded. To date proceedings have commenced in 58 of these cases, and 24 convictions secured. In 2008, 21 such murders took place. Proceedings commenced in seven of these, and one conviction secured. I am further informed that figures from 1988 to the end of 1997 are not readily available and would require a disproportionate use of Garda resources to compile.

All cases of murder where proceedings have not yet been taken remain under active investigation. The detection rate by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore, such persons charged and brought before the courts may be convicted of offences other than murder.

I am, of course, deeply concerned about the incidence of gun murders and I deplore all such killings. All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so. In setting the policing priorities for An Garda Síochána in 2010, I have asked the Commissioner to continue the focus of the force on serious crime, in particular organised crime. This priority is also reflected in the Garda policing plan for this year, and specific initiatives, including under Operation Anvil and involving members of the Emergency Response Unit, have been put in place.

I am informed by the Garda authorities that there are currently a number of initiatives underway targeting the activities of organised crime groups, the focus of which is to gather evidence which will support effective prosecutions, including under the new anti-gangland legislation.

While An Garda Síochána have made significant progress in the investigation of a number of killings, the reality is that there can be considerable difficulties in obtaining evidence in shootings which are the result of gangland activities from associates of a victim of a gangland killing or indeed from gangland figures, even when they themselves are the victims of violence. It has also to be accepted that there is often no connection or personal association between the victim and the perpetrator, which makes it very difficult for An Garda Síochána in their investigation of such a murder. Witnesses may also be subject to high levels of intimidation not to come forward, and it is to assist such witnesses that the Witness Protection Programme is in place.

It was in that overall context that I introduced greatly strengthened legislation in the area of gangland crime which is being fully utilised by An Garda Síochána. I am pleased to see that charges are being brought under the new legislation. An Garda Síochána have submitted further files to the Director of Public Prosecutions, and more are being prepared for submission to him.

I have also introduced further significant legislative proposals, which are currently before the House, including the Criminal Justice (Forensic Evidence and DNA Database System) and Criminal Procedure Bills, and I will not hesitate to introduce further proposals if that becomes necessary. In addition, I have secured Government approval to commence work on a new Bail Bill to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law.

There are already very severe penalties for firearms offices in place under the Criminal Justice Act 2006. For example, possessing a firearm with intent to endanger life and using a firearm to resist arrest or aid escape carry a mandatory minimum sentence of ten years. Possessing a firearm while hijacking a vehicle, possessing a firearm or ammunition in suspicious circumstances, carrying a firearm with criminal intent and altering a firearm carry a mandatory minimum sentence of five years.

Prison Committals

Jim O'Keeffe

Question:

39 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the annual average cost of keeping a person in prison; his views on whether the cost of committing approximately 4,500 persons to prison in the year 2009 for non-payment of fines was an unfair burden on the taxpayer apart from being unfair to many of those imprisoned who did not have the means to pay such fines; and if he will make a statement on the matter. [19395/10]

The average cost of an available, staffed prison space during the calendar year 2009 will be published in the Irish Prison Service Annual Report for 2009 which is due to be published shortly. However, provisional figures indicate that the average cost of an available, staffed prison space during the calendar year 2009 was €77,222 compared to €92,717 in 2008, a decrease on the 2008 cost of €15,495 or 16.7%.

The decrease in average cost is attributed to the following two factors:

a decrease in total costs of €17.7 million (of which €15.5 million relates to pay costs); and

an increase in bed capacity of 495 from 3,611 as at 31st December 2008 to 4,106 as at 31st December 2009.

The number of committals to prison for failing to pay fines is 1431 up to and including 31st March 2010.

Provisional figures collated indicate that the number of committals for failure to pay fines and civil debts in 2009 were 4,806 and 162 respectively.

I can advise the Deputy that the number of such persons held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point 9 prisoners out of a total of 4,214 or 0.2% of the prison population on 10 May 2010 fell into this category. I expect the number of committals for non-payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force.

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals.

Crime Statistics

Pádraic McCormack

Question:

40 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform the number of prosecutions that took place in relation to selling alcohol to persons under 18 years of age in 2009; the number of same that resulted in convictions; and if he will make a statement on the matter. [19430/10]

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

Garda Equipment

Jan O'Sullivan

Question:

41 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform when arrangements will be made to instruct members of An Garda Síochána that it is not necessary to take a longhand note of interviews with persons in custody when such interviews are being electronically recorded; and if he will make a statement on the matter. [19613/10]

My Department and the Garda Síochána, in consultation with the Office of the Director of Public Prosecutions and the Office of the Attorney General, are considering proposals for a new system which would allow the taking of contemporaneous written notes to cease where interviews are electronically recorded.

There is however a complex range of training, technological and legal issues to be addressed before any changeover to a new system could take place, and of course the financial implications would have to be carefully assessed.

The Garda Síochána are at an advanced stage in developing proposals for the operational aspects of a new system. Because of the complexities involved, it is likely that any new system would initially be introduced on a pilot basis to allow all the operational and legal aspects to be fully tested and evaluated.

Drug Seizures

Billy Timmins

Question:

42 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the number of drugs seizures that have been made to date in 2010; and if he will make a statement on the matter. [19445/10]

Michael Noonan

Question:

49 Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the quantity and values of seizures of heroin, cannabis, and other drugs within the State to date in 2010; and if he will make a statement on the matter. [19437/10]

Jan O'Sullivan

Question:

58 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the quantities and values of seizures of heroin, cocaine, cannabis and other drugs within the State during 2007, 2008, 2009 and to date in 2010; the proportion of the overall flow of drugs into the country that is represented by these seizures; the new initiatives that he is planning to control the flow of illegal drugs into the country; and if he will make a statement on the matter. [19614/10]

Dan Neville

Question:

90 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the quantity and values of seizures of heroin, cocaine, cannabis and other drugs within the State in 2009; and if he will make a statement on the matter. [19436/10]

I propose to take Questions Nos. 42, 49, 58 and 90 together.

I am including with my reply a tabular statement giving the latest available information in relation to drug seizures for 2007, 2008 and 2009 and to date in 2010.

Due to the covert nature of the activity, it is obviously not possible to give a reliable estimate of the proportion of drugs coming into the country that these figures represent. Through ongoing specific initiatives and intelligence-led operations An Garda Síochána continues to seize substantial quantities of illegal drugs destined for the streets in this jurisdiction and disrupting those criminals involved in the importation, distribution, sale and supply of illegal drugs in Ireland.

Drugs and organised crime are being prioritised by An Garda Síochána as a core focus for 2010, through the Commissioner's annual Policing Plan, which reflects Government strategies contained in the National Drugs Strategy.

Drugs units are in place in every Garda division and work in partnership with the Garda National Drugs Unit in tackling and targeting drug-related crime. Divisional and District Policing Plans also reflect the focus of the national Policing Plan in terms of drugs enforcement.

As part of a co-ordinated approach, An Garda Síochána makes full use of the international Garda Liaison Network, District and Divisional Drug Units, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau, as well as other specialist units and uniformed and plain-clothes personnel nationwide, in targeting drug supply reduction. An Garda Síochána also has in place a number of strategic partnerships at national and international level to address drug trafficking.

However, it is clear that we cannot tackle the problem of drug misuse through law enforcement measures alone. As set out in the Government's new interim National Drugs Strategy for the period 2009 to 2016, it is vital to address the problem in a co-ordinated way across the pillars of supply reduction, prevention, treatment, rehabilitation and research.

In this context, I can assure the House that my Department, and all the agencies under its aegis, remain fully committed to this approach and to the implementation of the Strategy.

The Garda authorities advise that the following tables show the quantities of drugs seized in 2007, 2008, 2009 and 2010 on the basis of cases reported to the Forensic Science Laboratory (valid as at 7 May 2010). Statistics provided for 2009 and 2010 are operational, provisional and liable to change.

2010*

Drug Type

Quantity

Estimated Street Value*

Cannabis

254,745.134 grams

3,056,941.60

Cannabis Resin

203,885.181 grams

1,223,311.08

Cannabis Plants

596 plants**

238,400

Heroin

5,333.213 grams

799,981.95

Cocaine

16,230.653 grams

1,136,145.71

Ecstasy

Nil

Nil

Amphetamine

10,325.017 grams, 25 tablets

155,000

BZP

240,694 tabs, 22.199 grams, 357 capsules

1,205,366

Total Value

7,815,056.34

*Valid to 7th May 2010 [Statistics provided for 2010 are operational, provisional and liable to change].

2009:

Drug Type

Quantity

Estimated Street Value*

Cannabis

572,333 gms

6,867,996

Cannabis Resin

1,538,226 gms

9,229,356

Heroin

78,668 gms

11,800,200

Cocaine

118,259 gms

8,278,130

Ecstasy

18,711 tabs & 3,288.496 gms

257,979

Amphetamine

36,508.358 gms & 6 tablets

547,625

BZP

4,371 gms; 309,236.5 tablets; 2,360 capsules

1,776,532

Total Value

38,787,818

[Statistics provided for 2009 are operational, provisional and liable to change].

2008:

Drug Type

Quantity

Estimated Street Value

Cannabis

1,018,594 gms

2,037,188

Cannabis Resin

5,371,426 gms

37,599,982

Heroin

212,619 gms

42,523,800

Cocaine

1,691,387 gms

118,397,090

Ecstasy

119,413 tablets & 1,199.5 gms

1,254,080

Amphetamine

11,794.7 gms, 1698 tablets

202,391

Total Value

202,014,531

2007:

Drug Type

Quantity

Estimated Street Value

Cannabis

779,310.871 gms

1,558,622

Cannabis Resin

1,279,759.1 gms

8,957,883

Heroin

148,520 gms

29,704,000

Cocaine

1,769,027 gms

123,831,890

Ecstasy

285,017 tablets, 17,375.362 gms

3,718,920

Amphetamine

58,223 gms, 10,471 tablets

1,030,410

Total Value

168,739,218

Question No. 43 answered with Question No. 28.

Detention Centres

Joanna Tuffy

Question:

44 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the position regarding the Report of the Expert Group on Children’s Detention Services which recommends the development of 167 places for young persons detained by the courts; if the provision of this number of places is still his objective and if not the number of places that he plans to provide; the basis for this figure; and if he will make a statement on the matter. [19604/10]

Following consideration of the report of the interdepartmental Expert Group on Children Detention Schools, in March 2008 the Government approved the development of new national children detention facilities at Oberstown, Lusk, Co. Dublin.

The estimate by the Expert Group of the likely future capacity demand of 167 places was based on an analysis of trends in juvenile detention along with data sets from An Garda Síochána, the National Juvenile Office, the Courts Service (and others) and general population projections produced by the Central Statistics Office for the under 18 age group. The Irish Youth Justice Service continues to keep the capacity requirement under review, as recommended in the report of the Expert Group. This report is available on www.iyjs.ie.

The design stage of the new facilities is well advanced with both concept and sketch designs to deliver 167 places on the Oberstown Campus having been completed. Work is due to commence on preparing detailed designs so that Request for Tenders documentation for the construction stage of the project can be drawn up.

The Deputy will be aware that tendering for construction of the new facilities will be subject to Government approval and to the necessary funding being made available.

Guardianship of Children

Kathleen Lynch

Question:

45 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform his plans to update the laws on guardianship having regard to the changes in society since the principal piece of legislation governing this area was enacted in 1964 and particularly the findings of a judgment given in the High Court on 28 April 2010; and if he will make a statement on the matter. [19620/10]

The code of law contained in the Guardianship of Children Acts 1964 to 1997 already provides comprehensive provisions on guardianship with significant updating. Under the law as it stands — section 6A of the 1964 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 1964 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.

Where appropriate and practicable, the court will also take into account the child's wishes in the matter having regard to the age and understanding of the child. In addition, the law now places an emphasis in terms of recognising the rights of the child to the society of both his or her father and mother: Section 11D of the 1964 Act (inserted by the Children Act 1997) obliges the court in proceedings relating to the welfare of a child to consider whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.

These legislative provisions 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.

In the child abduction case referred to by the Deputy (J. McB. v L.E. 2010 IEHC 123) it is of some significance that the Judge of the High Court indicated that had the applicant made an application to our courts for guardianship or custody orders the outcome of the case could well have been radically different.

As part of its Third Programme of Law Reform 2008-2014, the Law Reform Commission published in September 2009 a consultation paper "Legal Aspects of Family Relationships", in which it makes provisional recommendations on the rights and duties of fathers in relation to guardianship, custody of and access to their children. The Commission has invited submissions on its provisional recommendations as part of the consultation process. The Commission's final report and recommendations, expected to be published later this year, will help to inform the formulation of any proposals for reform of the law in this area.

Question No. 46 answered with Question No. 38.

Proposed Legislation

Michael D. Higgins

Question:

47 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform his plans to legislate to restore the offence of misprision of felony; and if he will make a statement on the matter. [19596/10]

Misprision of felony is one of a number of offences which address the question of withholding information about serious offences. It was a misdemeanour under the common law. It was committed by a person who knew that a felony had been committed and who could have given information which might have lead to the felon's arrest, but refrained from reporting it to the relevant authorities. Some exceptions were recognised, for example, where the information became available within the context of a privileged relationship, such as between lawyer and client, doctor and patient, clergyman and parishioner.

The Criminal Law Act 1997 abolished the categorisation of offences as felonies and misdemeanours, with effect from the commencement of that Act. The 1997 Act also introduced new offences of acting in a way that impedes the prosecution of persons who had committed an arrestable offence (section 7(2)) or of concealing an arrestable offence committed by another person in return for consideration (section 8).

I also draw the Deputy's attention to two other provisions. Section 17 of the Offences Against the State Act 1939 makes it an offence to administer an oath that requires a person to abstain from disclosing or giving information on the commission of any crime. Section 9 of the Offences Against the State (Amendment) Act 1998 makes it an offence to withhold information concerning serious offences (whether being planned or already committed). The definition of serious offence for the purposes of the Offences Against the State (Amendment) Act 1998 does not include offences of a sexual nature.

Section 176 of the Criminal Justice Act 2006 deals with a more specific situation. It creates an offence of reckless endangerment of a child. The offence arises where a person is in a position of authority in respect of a child or in respect of a person who is, within the meaning of the section, an "abuser" and where that person knows that a child is at risk of harm or abuse but fails to take reasonable steps to protect a child from that risk.

Having regard to the statutory provisions already in place, I have no plans for legislation in this area.

Terence Flanagan

Question:

48 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform when he expects to introduce legislation to facilitate the blocking of internet downloading of child pornography; and if he will make a statement on the matter. [19422/10]

The internet is a worldwide phenomenon with no borders and no single organisation controlling it. Efforts to combat illegal and harmful materials and activities on it can be hampered by the multiplicity of jurisdictions, differing legal systems and differing societal norms. Tackling internet downside issues is a complex business and continues to set new challenges and commitments for all those charged with protecting against the downside of the internet. The Office for Internet Safety (OIS) is an Executive Office within my Department which has responsibility for promoting internet safety, with a particular focus on combating child abuse imagery, more commonly known as child pornography. The OIS is advised by an Internet Safety Advisory Council, comprised of key stakeholders in the statutory, industry and community sectors.

In a number of EU Member States (the UK, Denmark, Finland, Norway, Sweden and the Netherlands), a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a "blocklist" of sites containing illegal child pornography is made available by the police or other competent authorities, and is utilised by individual Internet Service Providers to prevent access to such content. A small number of other Member States (Germany, France) have introduced or are considering the introduction of legislation requiring ISPs to block access to websites containing child pornography.

It is generally acknowledged that all such internet blocking or filtering systems are not foolproof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing internet users from inadvertently encountering such illegal content.

Insofar as the Department of Justice is aware, standard internet service providers (ISPs) in Ireland do not currently implement any blocking/filtering system in respect of child pornography at present. This whole issue of such blocking/filtering is being considered further by the Office for Internet Safety with advice from the Internet Safety Advisory Council. In undertaking research to develop policy advice in this area, the Office for Internet Safety has had discussions with a variety of relevant interests in relation to issues pertinent to the consideration of the possibility or feasibility of introducing internet filtering, specifically in respect of illegal child pornography content, in Ireland.

However, I should make it clear that no decisions have been arrived at national level on this issue of internet filtering/blocking of websites containing child pornography material. Any proposals for the introduction of such a system would need, at the very least, to be submitted to the Government for consideration. Indeed it is possible that the introduction of any such system, particularly if on a mandatory basis, might require the introduction of primary legislation. I have no specific plans at this time to introduce legislation in this regard.

However, a draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography has been published recently by the European Commission. The draft Directive contains a proposal to require Member States to implement some form of blocking system in relation to websites containing child pornography. Ireland's participation in the adoption and implementation of this measure is subject to Government and Oireachtas approval.

Question No. 49 answered with Question No. 42.

Prison Building Programme

James Reilly

Question:

50 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the timeline he has agreed for the completion of the Thornton Hall project including the envisaged start date for building work and the envisaged completion date; and if he will make a statement on the matter. [19442/10]

The development of the new prison campus at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings.

Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July.

It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year.

The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete.

The National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multidisciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year. It is anticipated that the prison will be operational within 3 years from the commencement of construction of the main prison campus.

Criminal Justice (Amendment) Act 2009

Bernard J. Durkan

Question:

51 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which all the various elements of the 2009 legislation under the various Acts passed to combat organised criminal gangs have been implemented; if regulations, directives, instructions or orders have issued to implement the legislation as passed in its entirety; if he will further outline precisely the degree to which the legislation has been successfully employed to achieve its original objective; the number of criminal gang leaders and members who have been apprehended, charged and imprisoned as relevant arising therefrom; and if he will make a statement on the matter. [19650/10]

I refer the Deputy to my reply to Parliamentary Question No. 18 of 13th May 2010.

Crime Levels

Mary Upton

Question:

52 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of recorded cases of so-called tiger robberies, in which staff or relations of staff of financial institutions were taken hostage in each year from 2005 to date in 2010; the amount of money taken in such robberies; the discussions he has had with the financial institutions concerning these robberies; and if he will make a statement on the matter. [19601/10]

To date in 2010 two so-called ‘tiger' kidnappings have taken place and the following table shows the number of similar incidents recorded in the period 2005-2009. It is the policy of An Garda Síochána not to disclose the amount of money taken during such crimes.

Year

No. of incidents recorded

2009

6

2008

1

2007

3

2006

2

2005

1

The Deputy will be aware that the Garda Commissioner and I jointly met with the Chief Executives of various financial institutions late last year to discuss this issue and to outline our concerns in this regard. Regular meetings are held between An Garda Síochána and financial institutions to discuss bank security issues and in particular tiger kidnapping prevention and response protocols. An Garda Síochána does not, for obvious security reasons, disclose information relating to the nature of security measures. The response procedures in place for dealing with such incidents typically include the establishment of Crisis Management teams and agreed protocols designed primarily to ensure the safe return of those persons held captive during such incidents and thereafter aimed at securing the arrest and prosecution of the culprits involved. Advice on personal security for staff members and on systems and processes in place for the conveyance, storage and dispersal of cash are provided on an ongoing basis and are the subject of regular review.

Prison Accommodation

John O'Mahony

Question:

53 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of prison cells in Mountjoy Prison, Dublin, that house more prisoners than their capacity is designed for; and if he will make a statement on the matter. [19440/10]

The breakdown of cell capacity for Mountjoy is outlined in the following table:

Prison/Place of Detention

Single cells

Double Cells

Treble Cells

Quadruple Cells

More than 4 persons in cell

Total occupied cells

Mountjoy Prison (male)

329

118

8

5

3

463

Overcrowding in prisons is an international problem, not just unique to Ireland. As the Deputy is aware Mountjoy Prison is a Victorian prison which is now 160 years old. While Mountjoy Prison predominantly comprises single cell accommodation, multiple cell occupancy does exist, particularly in the base area of the prison and some other areas.

In the context of seeking to address the problems of overcrowding in the prison system, redeveloping the existing 20 acre site is neither financially viable nor practical from an operational perspective and this is why I have set out in the clearest possible terms this Governments continued commitment to replacing the Mountjoy Prison complex with modern prison accommodation at Thornton Hall.

Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield.

In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

Garda Deployment

Michael Noonan

Question:

54 Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the number of additional gardaí that have been assigned to deal with the increased terrorism threat in recent months; and if he will make a statement on the matter. [19454/10]

At the latest date for which comprehensive figures are readily available, there were 14,523 fully attested members of An Garda Síochána with a further 229 recruits in training.

For operational reasons it is not the practice to comment on specific anti-terrorism measures relating to the security of the State. However, intelligence-led operations targeting the activities of dissident republican groups continue to be given priority, commensurate with the threat posed, which is closely monitored in consultation with international law enforcement agencies. Such operations involve strategic deployment of both local and specialised operational Garda Units. Close cooperation exists at all levels between An Garda Síochána and its Northern Ireland counterparts in the context of countering and investigating the activities of such groups.

Prison Committals

Thomas P. Broughan

Question:

55 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of prisoners committed to jail during 2009 for non-payment of fines; the proportion of the total number committed to prison during 2009 that this represents; his views on whether this is the best use of prison facilities when those convicted of serious offences have been getting early release because of overcrowding; and if he will make a statement on the matter. [19590/10]

The information requested by the Deputy will be included in the Irish Prison Service Annual Report 2009 which is due to be published shortly. I can advise the Deputy that provisional figures collated indicate that the total number of committals to the prison system in 2009 amounted to 15,425 of which 4,806 related to the non-payment of fines. This equates to 31% of the total committals. I can also advise the Deputy that the number of such persons actually held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point 0.2% of the prison population on 10 May 2010 fell into this category.

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents approximately an 8% of a rise in the number in custody.

At present the most common non-custodial sanction used by the Courts, who are independent in the exercise of their functions, is the imposition of a fine. As the Deputy will know the new Fines Bill completed Report and Final Stage in the Seanad earlier this week. The Bill makes provision for the use of non-custodial options for the non-payment of fines such as Community Service. I expect the number of committals for non-payment of fines to fall substantially once this legislation comes into force.

Garda Deployment

James Reilly

Question:

56 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Garda fraud squad; and if he will make a statement on the matter. [19449/10]

I am informed by the Garda authorities that there are currently 63 Gardaí assigned to the Garda Bureau of Fraud Investigations.

Responsibility for the allocation of personnel rests with the Garda Commissioner, in conjunction with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána, and are kept under review.

Joint Policing Committees

Ciaran Lynch

Question:

57 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if he is satisfied with the operation of the local policing committees; the numbers of such committees established to date; and if he will make a statement on the matter. [19597/10]

Joint Policing Committees are provided for in the Garda Síochána Act 2005. Their purpose is to provide a forum where An Garda Síochána and the local authority — the two organisations which make the most significant contribution to preventing and tackling crime in a specific area — can come together, with the participation of members of the Oireachtas and community and voluntary interests, on matters affecting their area.

On 24 September, 2008, I launched, with my colleague the Minister for the Environment, Heritage and Local Government, guidelines for the Committees, which took into account the experience gained during a pilot phase and provided for the establishment of Committees in all 114 local authority areas by the relevant local authorities and the Garda Commissioner. I am informed that 105 Committees have been established.

The operation of the Committees is kept under ongoing review by my Department and the Department of the Environment, Heritage and Local Government. Each Committee is required to submit an annual report of its activities, and these reports inform the ongoing consideration of the operation of the Committees.

Question No. 58 answered with Question No. 42.

Tribunals of Inquiry

Sean Sherlock

Question:

59 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the latest information available to him about the progress made by the Smithwick tribunal established by resolution of the House of the Oireachtas in March 2005; when the tribunal plans to commence public hearings; the evidence that has been taken in public; if the tribunal has secured the co-operation of all potential witnesses, particularly those from outside the jurisdiction; if the tribunal plans to publish any interim report on its progress since 2005; and if he will make a statement on the matter. [19622/10]

The Smithwick Tribunal was established pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2002, to enquire into suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan in 1989. The Tribunal was established by the Oireachtas in May 2005 arising from the Weston Park Agreement between the Irish and British Governments in 2001. The Tribunal is chaired by Judge Peter Smithwick.

The Tribunal Chairman is independent in his functions in accordance with the provisions of the Acts. The terms of the Resolutions of Dáil Éireann and Seanad Éireann and the Regulation establishing the Tribunal provide for the submission of interim reports to the Clerk of the Dáil within 10 days of the commencement of oral hearings regarding the granting of representation before the Tribunal, progress to date, likely duration and any other matters which the Tribunal considers appropriate.

Questions such as whether the Tribunal has secured all the cooperation it requires are matters for the Tribunal itself and will, I have no doubt, be dealt with in the final report. I am informed that the Tribunal is in an investigative phase at present. It is expected that public hearings will take place later this year.

Commercial Rent Reviews

Ciaran Lynch

Question:

60 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the membership and terms of reference of the working group to look at the issue of commercial rent reviews; when he expects the group to report; and if he will make a statement on the matter. [19599/10]

I refer the Deputy to my reply to Question No. 67 of 25 March 2010.

Proposed Legislation

Eamon Gilmore

Question:

61 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the call from ADVIC, the advocacy group for families and friends of murder victims, for changes to the bail laws, particularly to bar those accused of murder from applying for bail in advance of their trial; his plans for dealing with same; and if he will make a statement on the matter. [19593/10]

I received today proposals from ADVIC in relation to bail law. I am grateful to ADVIC for these proposals and I look forward to examining them in the context of the preparation of a new Bail Bill. However I should point out that a blanket ban on persons charged with murder applying for bail is unlikely to be compatible with the Constitution or the European Convention on Human Rights. Work is in progress in my Department on the scheme of the new Bill. The main purpose of the Bill is to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In preparing the scheme, a number of matters in the current law will be addressed to ensure that the bail regime can operate in as tight and effective a way as possible. In particular, my Department will examine the extent to which the law could be restated to give greater guidance to the courts on the need to protect the public against those who present an unacceptable risk of committing a serious offence if granted bail.

Prison Committals

Olivia Mitchell

Question:

62 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of persons that were imprisoned for failure to pay fines and civil debts in 2009; and if he will make a statement on the matter. [19455/10]

The number of such persons actually held in custody at any one time for failure to pay fines and civil debts is a minute fraction of the overall prisoner population. To illustrate this point, 0.2% of the prison population on 10 May 2010 fell into this category. I expect the number of committals for non-payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force. The information requested by the Deputy will be included in the Irish Prison Service Annual Report 2009 which is due to be published shortly. However, I can advise the Deputy that provisional figures collated suggest that the number of committals solely for failure to pay fines and civil debts in 2009 was 4,806 and 162 respectively.

Garda Strength

Brian O'Shea

Question:

63 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the strength of An Garda Síochána at the latest date for which figures are available broken down by full members, those who have attested but not yet concluded their training, those in training; the expected number that will be recruited during 2010; the anticipated numbers at each above category at the end of 2010; the number of members of the force who are expected to retire during 2010; the number who will be recruited in the first half of 2010; and if he will make a statement on the matter. [19616/10]

I am informed by the Garda authorities that as at the latest date for which completed returns are available, the personnel strength of An Garda Síochána was 14,532. This figure includes 709 probationer Gardaí who have been attested and will graduate over the next six months. On that date there were also 229 unattested students in training. In relation to retirements, around 80 applications for early retirement have been received so far this year.

The Garda Commissioner is closely monitoring the levels of Garda strength around the country, taking into account the level of retirements and attestations of students. I will continue to consult with my colleague the Minister for Finance on when a resumption of Garda recruitment will be necessary so as to keep Garda numbers up to approved levels. In all this, my priority is to maintain Garda operational strength. A necessary first step will be a competition to establish a panel of approved candidates and, as I recently indicated, I believe that this should take place later this year.

Garda Training

Jack Wall

Question:

64 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the main findings of the recent Report on Training and Development in An Garda Síochána; the steps that are being taken to deal with the significant skill training gaps identified in the report; and if he will make a statement on the matter. [19600/10]

In February 2008 the Garda Commissioner established a group to review training and development for garda and civilian staff in the Garda Síochána. The review group, chaired by Mr. Pat McLoughlin, formerly a member of the Senior Management of the Health Service Executive, carried out an extensive analysis of the training needs of the organisation and consulted widely with staff across all ranks and grades.

Consultations were also held with relevant bodies such as the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission, the Higher Education and Training Awards Council and police forces internationally. The report found significant strengths in the wide diversity of training provided in the Garda Síochána, both to student Gardaí and to serving members and civilian staff. However, it also identified areas where the organisation, management and delivery of training could be further enhanced, with considerable benefits for the Garda Síochána and the public it serves. I am setting out the key recommendations in a note which I am circulating with this reply. The Commissioner will progressively implement significant and wide-ranging improvements in Garda training based on these recommendations, and he will have my full backing and support in that process.

Key recommendations of the Training and Development Review Group Report:

There should be a new training and development model put in place, with an Assistant Commissioner given sole responsibility for overseeing and implementing this;

The training sections in the Garda College should be restructured;

There should be a better training support structure across all garda operational divisions, with divisional training managers;

There should be a standardised process within Garda Divisions that objectively prioritises training opportunities based on developing the right knowledge and skills;

The student/probationer training programme should be radically restructured into 3 phases instead of the current 5. Phase I would be for 32 weeks at the Garda College, at the end of which successful students would be attested (i.e. become members of the Garda Síochána with full police powers). Currently students are attested after 58 weeks. Phase II would be for 65 weeks based in Garda stations, and Phase III would consist of 7 weeks of exam preparation, exams and assessments;

Student training at the Garda College should be more scenario-based and less classroom-based, so as to prepare students better for the policing challenges they will face;

There should be better support for students who, after attestation, are assigned to Garda stations, with new field-training tutors playing a key role;

Driver training should be provided within the student/probationer training programme;

A lifelong learning philosophy should be instilled in the Garda Síochána, with a suite of mandatory and elective courses made available;

A learning management system should be introduced in the Garda Síochána, to manage the administration and oversight of training;

Specialist training facilities, such as firearms ranges, driver training areas and a mock urban structure, should be developed on the grounds of Dromard House in Tipperary, already purchased for this purpose, as soon as possible;

Training for civilian staff in the Garda Síochána should be integrated into the general training structure for members.

The full report is available on the Garda website (www.garda.ie).

Legislative Programme

Michael Ring

Question:

65 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his plans to bring in legislation in respect of a Good Samaritans Bill; when he expects to bring this Bill before Dáil Éireann; and if he will make a statement on the matter. [18938/10]

The Government Legislation Programme, published on 20 April 2010, indicates that the Civil Law (Miscellaneous Provisions) Bill 2010 which will provide, among other matters, for the civil liability of good samaritans, volunteers and volunteer organisations, will be published in the current Dáil Session.

Billy Timmins

Question:

66 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform his plans to reform alcohol licensing laws concerning Good Friday; and if he will make a statement on the matter. [19448/10]

The law in relation to this matter is being kept under review in the context of preparation of the forthcoming Sale of Alcohol Bill.

Weapons in Prisons

Leo Varadkar

Question:

67 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of weapons or objects fashioned to act as weapons or otherwise dangerous objects that have been confiscated in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19446/10]

I wish to inform the Deputy that the number of weapons and potential or improvised weapons confiscated in Mountjoy Prison between 1 January 2010 and 2 May 2010 is 127. It should be noted that this number includes any item that may have been used as a weapon, for example, mugs, mops, food trays and sweeping brushes. It is also important to note that in many cases the items confiscated were found during routine searches or retrieved at entry point to the prison, and were never employed as a weapon within the prison. This is as a direct consequence of the newly introduced security measures.

The mission of the Irish Prison Service is to provide safe, secure and humane custody for those placed into custody. This is one of the main reasons for the introduction of recent security initiatives, such as airport style security screening including x-ray machines and scanning equipment, the establishment of the Operational Support Group, the establishment of the Drug Detection Dog Service within the Irish Prison Service, the segregation of a number of serious drug and criminal gang members in a high security unit in Cloverhill Prison and the use of phone detectors and phased installation of telephone blocking technology.

No level of inter prisoner violence is acceptable. Every effort is made by prison staff and management to limit the scope of acts of violence. While the prison regime is designed to limit the scope of acts of violence, it is not possible to completely eliminate the possibility of such acts in prisons holding a high proportion of violent offenders without introducing a regime that would be unacceptable. Recent statistics indicate that since the new security measures were implemented, there is a trend towards more homemade weapons being used, for example, weapons made out of perspex, sharpened toothbrushes, a pool ball in a sock, brush handles or water jugs. The rollout of enhanced security measures has made it more difficult for prisoners to secrete improvised weapons. Furthermore, prisoners identified as exerting undue influence or pressure over other prisoners receive close and continued attention and targeted searching from the Operational Support Unit. Attacks by prisoners on prisoners are not usually random acts of violence but are related to matters on the outside i.e. drug debts, gang rivalries.

Law Reform

Kathleen Lynch

Question:

68 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform if, in view of a newspaper article written by the President of the High Court announcing the establishment by him of a working group to consider whether damages for catastrophic injuries can or should be awarded by way of periodic payment rather than lump sum, to make recommendations to the president and to provide draft legislation to give effect to its recommendations, the establishment of this working group by the president was on his initiative or that of the president; if it was the initiative of the president, if it was considered and approved by him prior to its being announced; if he will provide any precedent for the president of the High Court or any other judge to establish a working group to consider and recommend proposals for legislative change outside the formal context of the Law Reform Commission or another appropriately designated body; if he is satisfied that an ad hoc committee established by a judge and including other judges amongst its membership is an appropriate body to consider and make proposals for legislation to him and the Houses of the Oireachtas; if he is further satisfied with the balance of interests represented on the working group; and if he will make a statement on the matter. [19619/10]

There is representation from my Department in the Working Group on Medical Negligence that was established by the President of the High Court on his own initiative. The question of a balance of interests in the membership of the Working Group is a matter for the President. The examination of the law and the making of recommendations for change is not the exclusive preserve of the Law Reform Commission. Moreover, the Commission has already reported on the question of structured and periodic payments in the law of negligence.

The Deputy will appreciate that as Minister for Justice, Equality and Law Reform, it falls to me to make determinations, with the assistance of my Department, on recommendations for changes in the law that come from a multiplicity of sources. The eventual policy proposals that I submit to the Government on any subject for its approval must, of course, take into account the public interest, the views of other Departments and of the Attorney General.

Garda Civilianisation

Caoimhghín Ó Caoláin

Question:

69 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will make a statement detailing the impact of the new employment control document on the long-promised civilianisation plan for the Garda Síochána which is needed to free up fully-trained gardaí to fight crime. [19652/10]

Joanna Tuffy

Question:

82 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the reason the creation of 900 civilian posts within the Garda has resulted in the release of only 144 Garda personnel for front-line policing duties, as highlighted in the report of the Comptroller and Auditor General; the steps he will take to ensure greater use of civilian personnel, as recommended in the recent report of the Garda Inspectorate on resource allocation; and if he will make a statement on the matter. [19603/10]

I propose to take Questions Nos. 69 and 82 together.

Increased civilian support for the Garda Síochána does not and never was intended to exclusively take the form of one for one replacement of individual Gardaí with civilians. In some instances, civilianisation does indeed enable the direct replacement of sworn members, who are engaged in exclusively clerical, administrative or technical duties, with civilian staff. In most cases, however, it allows sworn members who would otherwise have to devote a very substantial part of their working day to performing administrative duties to focus exclusively on front-line policing duties. Civilian staff may also be recruited to perform new or expanded administrative, managerial and professional support roles in the Garda Síochána, for example as crime analysts or IT specialists.

On this account, and because of the significant restructuring of roles, functions and business areas that has taken place at all levels of the Garda Síochána in recent years, it is difficult to quantify the exact number of posts which were occupied by sworn members but which today are held by civilians. I can however confirm that since 2003 the number of civilians in the Garda Síochána has risen from 1,063 to approximately 2,115 whole time equivalents. While this is still a lower proportion compared to some similar police services in other jurisdictions, the Commissioner is committed to increasing this number further as resources, within the proposed employment control framework, allow.

Civilian staff are now involved in the provision of vital support services in a wide range of administrative, professional, technical and industrial areas, including Human Resources, Training & Development, IT and Telecommunications, Finance and Procurement, Internal Audit, Communications, research and analysis, accommodation and fleet management, scene-of-crime support and medical services. In addition, a number of essential operational support areas are now wholly or largely staffed by civilian staff, such as the Central Vetting Unit, the Fixed Charge Processing Office in Thurles and the Garda Information Services Centre in Castlebar. The Garda Síochána Analysis Service, to which I referred earlier, is also staffed by qualified and highly trained civilian analysts. Civilian Telecommunications Technicians provide front-line support to the whole of the Garda organisation across a range of technologies and services. The augmented civilian element in the Garda organisation which has been deployed by the Garda Commissioner in recent years has made a significant contribution to the effectiveness of law enforcement in this State.

The recommendations in the recent report of the Inspectorate on resource allocation are being carefully examined so that the potential for maximising the use of civilians and in turn releasing members of An Garda Síochána for frontline policing can be realised.

Temporary Release of Prisoners

Thomas P. Broughan

Question:

70 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns expressed by a judge at the decision to allow the temporary release of a serial Limerick prisoner, two days into a ten-month sentence due to overcrowding at Limerick Prison; if he will confirm the statement of an assistant governor of Limerick Prison that the prisoner in question was serving a two-year sentence by instalment; if it is his policy that prisoners may serve sentences by instalment; and if he will make a statement on the matter. [19589/10]

I am aware of the case referred to by the Deputy which involves a prisoner serving a prison sentence dating from 20 April, 2007 and whose remission date stands at 10 July, 2010. He has received a variety of concurrent or overlapping sentences for relatively minor offences at various stages throughout his sentence. He is not therefore serving a 10 month sentence as the question suggests.

As the Deputy is aware, there is no provision to serve prison sentences "by instalment". What the Assistant Governor of Limerick Prison was referring to are the not uncommon instances whereby prisoners are committed to custody, released for a time period, for example, on bail, and then returned to custody to complete the sentence imposed. In almost all such cases the prisoners involved are given credit for time already served.

The Irish Prison Service has judiciously used temporary release a means of reducing numbers in times of serious overcrowding in Limerick Prison. The Government has committed and will continue to commit significant resources into improving and adding to our overall prison cell capacity and in the that context the introduction of 200 new spaces in Wheatfield Prison this year will help to further alleviate the problem of overcrowding which is not unique to Ireland.

Garda Investigations

Dinny McGinley

Question:

71 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate resources are being directed towards tackling prostitution; and if he will make a statement on the matter. [19433/10]

An Garda Síochána have conducted a number of operations to combat brothel keeping, prostitution and human trafficking and will continue to do so in line with the intelligence available. One example of such operations is the investigation by the Garda National Bureau of Criminal Investigation, in conjunction with a number of other police forces, which resulted in the apprehension, in another jurisdiction, of individuals for brothel keeping in this country. The operation led to the seizure of a substantial volume of evidence. In addition, cash and other property discovered during such operations may be the subject of a proceeds of crime application to the courts. Operations of this nature are being, and will continue to be, carried out.

The criminal law in relation to brothel keeping is strong. I am, of course, aware of concerns that persons are trafficked for the purposes of prostitution. The Criminal Law (Human Trafficking) Act 2008 has greatly strengthened the law in this area. A dedicated Anti-Human Trafficking Unit was established in my Department in February 2008 with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. In addition, An Garda Síochána has established a Human Trafficking Investigation and Co-ordination Unit.

The Garda National Immigration Bureau maintains border controls and liaison with organisations which represent exploited foreign nationals. Liaison at an international level between An Garda Síochána and international law enforcement agencies and international organisations also forms part of the approach taken by An Garda Síochána to human trafficking.

Treatment of Prisoners

Lucinda Creighton

Question:

72 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the article in a newspaper (details supplied) of Monday, 26 April 2010 regarding conditions in Mountjoy Prison, Dublin; the action he proposes to take on this issue; and if he will make a statement on the matter. [19647/10]

Joan Burton

Question:

78 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns by a retiring member of the Mountjoy visiting committee at conditions in the prison, which they described as appalling; the steps he is taking to deal with these conditions; and if he will make a statement on the matter. [19588/10]

I propose to take Questions Nos. 72 and 78 together.

As the Deputy is aware Mountjoy Prison is a Victorian prison which is now 160 years old. Redeveloping the existing 20 acre site is neither financially viable nor practical from an operational perspective and this is why I have set out in the clearest possible terms this Government's continued commitment to replacing the Mountjoy Prison complex with modern prison accommodation at Thornton Hall.

The Inspector of Prisons, in his 2008 Annual Report, acknowledged that overcrowding in prisons is an international problem, not just unique to Ireland. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

While Mountjoy Prison predominantly comprises single cell accommodation, multiple cell occupancy does exist, particularly in the base area of the prison and some other areas. The Governor of the prison has recently re-issued an order concerning the use of holding cells, the shower room and other areas of the Base area of the prison instructing staff that under no circumstances should these locations be used for the purpose of overnight accommodation. Instead prisoners should be placed in the normal cellular accommodation on the landings, which as I have already stated, are predominantly single cell accommodation at present.

The primary role of the Prison Service is the provision of safe and secure custody for prisoners. The need, therefore, for prisoners who request protection to be accommodated in separate areas from other identified persons from whom they may be at risk is of primary importance. Efforts are made on a continuous basis to transfer protection prisoners out of Mountjoy Prison to other locations where they would not require such a restricted regime, e.g. protection landings in Wheatfield or the Midlands Prisons or to another prison where they would not require protection.

In the article a certain proportion of the overcrowding is attributed to the incarceration of persons for failure to pay fines. In this regard I must remind the Deputies that the Prison Service is obliged to take in all committals sent there by the courts. I can also advise that the proportion of persons in custody for non-payment of fines at any time is a minute fraction of the overall prisoner population. To illustrate this point 0.2% of the prison population on 10 May 2010 fell into this category. It is not a significant contributor to prison overcrowding. I expect the number of committals for non-payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force.

All prisoners are medically assessed on committal to prison. This includes a mental health assessment which can be employed to develop an individual care plan. The Central Mental Hospital (CMH) provides an in-reach mental health service in Mountjoy amongst other prisons. Where clinically indicated a prisoner is referred to a forensic clinician who subject to his/her findings may make certain recommendations to the Governor for the care of a prisoner. If the professional opinion is that a prisoner requires access to an admission bed in the CMH, this is arranged at the earliest opportunity subject to the status of the waiting list for beds in that institution. The waiting list for admission to the CMH is reviewed weekly by CMH clinical personnel on the basis of reports following assessments.

It must be acknowledged that the prevalence of mental illness among the prison population is significantly higher than among people of a similar age and gender in the general population. Taking that into account and the increasing prisoner population, the Governor will at all times take such measures as are necessary based on clinical recommendations subject to the constraints of custodial environment. Prisoner care and rehabilitation involves significant multi-dimensional input by a diverse range of general and specialist services provided by the Irish Prison Service and in-reaching statutory and non-statutory services. Among the various services that are provided by the Irish Prison Service are the education, library, work and training, psychology and spiritual services. The impact of the moratorium on recruitment and promotions in the Public Service and of financial cut-backs can require prioritisation of activities that are more cost effective and postponement and review of certain projects. Across the prison estate, the emphasis will be on maintenance of high quality programmes for the greatest number of prisoners.

Proposed Legislation

Ruairí Quinn

Question:

73 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the progress in of the major review of gambling announced by him in May 2010; when he expects the process to be concluded; and if he will make a statement on the matter. [19609/10]

Aengus Ó Snodaigh

Question:

80 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the position regarding plans to introduce new legislation governing gambling; his views on whether it is inappropriate for him to lobby in support of a casino development in the absence of this long-promised legislation the purpose of which may be to close the loopholes which casinos currently exploit in order to operate. [19656/10]

I propose to take Questions Nos. 73 and 80 together.

The consultation phase of the major review of gambling which I initiated has now been completed. The review will provide Government with options for a new and comprehensive legal and organisational framework governing the gambling architecture in the State. Three important considerations which are the hallmark of most well-regulated gambling codes inform the review. These are:

that young people and the vulnerable are protected;

that gambling should in all respects be fairly and openly conducted; and

that gambling is kept free of crime.

Following the settling of policy in relation to a new gambling architecture for the State, the House can expect the publication of legislative proposals in the normal course. I anticipate, however, that any new legislation will be both complex and comprehensive.

I totally reject the imputation that, as a public representative and a Minister, I am not entitled to support any worthwhile bona fide project nationally, or more importantly in my locality, which has the potential to create hundreds of jobs and boost the economy, subject to compliance with all planning and other regulations. It goes without saying that in advance of consideration of revision of our gaming laws by the Government, no decision has been taken in relation to legalising casinos in the State. I have previously stated that were any legislation introduced in this area, it would have to provide for a wholly independent licensing system, whereby the Minister for Justice, Equality and Law Reform or any politician would have no role in the selection or licensing of specific casino developments. A fully statutory and independent adjudication process would be put in place for this purpose.

The proposed project in my constituency that is at the heart of the Deputy's baseless imputation is I understand, a phased development, concentrating on developing sport and leisure activities. I understand that the current planning application does not seek permission for the establishment of a casino as part of the complex. If the proposal did contain such a plan it would fail as the law, as it stands, does not permit such developments in the State. The group in question did not discuss with me good, bad or indifferent, the issue of a casino and I can confirm that my Department has not to date received any submission, as part of the major review of gambling, from the proposers of the sport and leisure development.

Question No. 74 answered with Question No. 27.

Garda Deployment

John Deasy

Question:

75 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform the number of community gardaí assigned in each Garda division; and if he will make a statement on the matter. [19413/10]

I am informed by the Garda Commissioner that, as of the latest date for which figures are readily available, the total number of Community Gardaí was 1,073. While all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise, the total number of dedicated Community Gardaí in each Division was as set out in the table which I am circulating with this answer:

Division

Community Gardaí

D.M.R.S.C.

81

D.M.R.N.C.

179

D.M.R.N.

77

D.M.R.E.

40

D.M.R.S.

57

D.M.R.W.

85

Waterford

18

Wexford

24

Kilkenny/Carlow

45

Tipperary

106

Cork City

31

Cork North

8

Cork West

5

Kerry

12

Limerick

87

Donegal

17

Cavan/Monaghan

12

Sligo/Leitrim

23

Louth

14

Clare

11

Mayo

8

Galway

18

Roscommon/Longford

9

Westmeath

15

Meath

7

Kildare

17

Laois/Offaly

44

Wicklow

23

Total

1,073

Garda Resources

Jack Wall

Question:

76 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the recommendations contained in the latest report of the Garda Inspectorate on resource allocation that will be implemented during 2010; and if he will make a statement on the matter. [19598/10]

I am informed by the Garda Commissioner, that following the publication of the Garda Inspectorate Report on Resource Allocation, Deputy Commissioner Strategy and Change Management was appointed to consider the report and to co-ordinate an agreed and pragmatic programme of work to advance the implementation of the twenty-seven recommendations. My officials will work closely with the Garda Síochána and the Garda Síochána Inspectorate on implementation of the recommendations in order to maximise efficient allocation of Garda resources.

While every effort will be made to progress the recommendations of the Garda Inspectorate Report on Resource Allocation, it is recognised by both An Garda Síochána and the Garda Inspectorate, that due to the current economic situation, there is limited scope to fund change proposals. Where recommendations involve significant capital costs, interim measures, where possible, will be considered until such time as funding is available for full implementation. However, implementation of some recommendations will not require capital investment and I am keen to make progress, in particular, on necessary revision of Garda rosters and examine station opening hours as key measures to improve the matching of Garda resources to the demand for policing services.

Question No. 77 answered with Question No. 31.
Question No. 78 answered with Question No. 72.

Electronic Monitoring

Arthur Morgan

Question:

79 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the cost of the proposed pilot scheme to electronically tag a number of offenders; if the decision to pursue the use of electronic tags while simultaneously reducing the number of probation officers was based on new evidence in view of the fact that existing evidence from an evaluation of their use in England found that it cost twice as much to electronically tag an offender as to supervise them by a member of the Probation Service; if his attention has been drawn to the fact that private security companies that administer the electronic tagging scheme do not routinely follow up violations by individual offenders; if his further attention has been drawn to the fact that the authorities there pay private tagging companies approximately three times the actual cost of each offender monitored and electronic monitoring does not reduce re-offending. [19658/10]

The introduction of a pilot to test the technology used in electronic monitoring and its suitability for application in this jurisdiction is not linked in any way to Probation resources.

In relation to Electronic Monitoring I have asked my officials to examine how best we might make use of this technology. As the Deputy will be aware the provisions in the Criminal Justice Act 2006 allows for the introduction of electronic monitoring in this jurisdiction. Specifically under section 108, Temporary Release of Prisoners, the Minister is able to make an Order for electronic monitoring, in the context of a restriction of movement condition applying to the granting of temporary release.

The Deputy will be glad to know that the Irish Prison Service recently issued a tender document to seek expressions of interest from suppliers for the use of Global Positioning System (GPS) technology on a small group of offenders for a pilot period. The participants to be included in the pilot will be carefully selected having regard to the nature of the offence, public safety and overall conduct in prison and will be granted temporary release. As the tender is now with the market it would be inappropriate for me to comment on potential costs or comparisons with other jurisdictions.

Question No. 80 answered with Question No. 73.

Prison Accommodation

Joan Burton

Question:

81 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the concerns raised by the retiring Governor of the Dóchas centre, Dublin, particularly about the level of overcrowding in the centre; and if he will make a statement on the matter. [19587/10]

The Dóchas Centre, which accommodates the majority of female prisoners in Ireland, was purpose built and specifically designed for women and is recognised internationally as a model of best practice with extensive rehabilitative programmes and courses available for the female prisoners accommodated there. However, since the facility was opened it regularly accommodates prisoner numbers in excess of its design capacity. Accordingly, the Irish Prison Service introduced contingency measures including the installation of bunk beds — to alleviate the practice of women sleeping on mattresses on floors and in store rooms and offices. These contingency measures were discussed with the Governor at the time.

In the medium term and in order to introduce an alternative measure until Dóchas is replaced by a new prison on the Thornton campus, work is due to commence to convert an administrative building on the Dóchas site into a new accommodation block. This will provide 30 rooms with sufficient area to double up if required and is due to be completed by August/ September, 2010.

In the long term the Dóchas Centre is to be replaced by a new women's prison at the prison development at Thornton Hall, Co Dublin. This will provide accommodation for approximately 200 women. The design will be based on the concept of single room occupancy, will allow for the separation of sentenced and non-sentenced offenders and will afford a greater opportunity of enhanced regimes thus allowing for greater flexibility.

There are no plans to move away from the basic architectural design principles of the Dóchas Centre. The design of the women's prison at Thornton seeks to build on the experience and lessons of the Dóchas model, whilst expanding the regime options and fostering the ethos of Dóchas i.e. a domestic scale courtyard development consisting of a number of house units of single occupancy en-suite accommodation. Each house will also have domestic style cooking and laundry facilities etc.

It has to be acknowledged that the Irish Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing committals. Their options are simple, they hold them or release them. I believe that the public interest must be protected from the inappropriate release of offenders who may pose a risk to the community. A snapshot on 26 April 2010 of female prisoners serving sentences indicated that:

25% of that cohort of female sentenced prisoners were serving a sentence for murder, manslaughter or conspiracy to murder;

21% were serving sentences for possession of drugs for the purpose of sale or supply; and

28% were serving sentences for offences such as robbery, theft and criminal damage. Of this 28% only 4 prisoners were serving sentences of less than 12 months.

It is clear that the vast majority of these prisoners do not fall into the category of non-violent lesser offences. Options available in this area are therefore very limited. It is clearly preferable where possible to have prisoners accommodated in a bed in a cell as opposed to sleeping on mattresses and it was therefore prudent and appropriate that a number of bunkbeds were recently installed in the Dóchas Centre to replace single beds.

Question No. 82 answered with Question No. 69.

Garda Equipment

Fergus O'Dowd

Question:

83 Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform if he will comment on reports that gardaí are using their personal laptops for work purposes; his views on whether such a practice is in line with data protection laws; and if he will make a statement on the matter. [19439/10]

I am advised by the Garda authorities that all personnel in An Garda Síochána are subject to the Garda Síochána's Security Policy for the use of Information and Communications Technology, including portable data devices and the transfer of electronic data, which states that only information and communication technology equipment supplied by the ICT Division and or Procurement Section of An Garda Síochána shall be used for the storage of Garda Síochána data. Any alleged breach of this security policy would be a matter for Garda management to pursue under the terms of that policy.

A Data Protection Code of Practice, developed by the Garda authorities in consultation with the Office of the Data Protection Commissioner, has also been circulated to each member and civilian employee of An Garda Síochána informing them of their obligations under the Data Protection Acts 1988 and 2003. The Code of Practice was drafted to improve the knowledge and understanding of Data Protection within the Garda Síochána. The Code of Practice is available at www.garda.ie.

Criminal Prosecutions

Olivia Mitchell

Question:

84 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of rapes recorded in 2008; the number of these that have resulted in prosecutions; the number of these that have resulted in convictions; and if he will make a statement on the matter. [19435/10]

Joe McHugh

Question:

87 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of rapes recorded in 2009; the number of same that have resulted in prosecutions; the number of same that have resulted in convictions; and if he will make a statement on the matter. [19434/10]

I propose to take Questions Nos. 84 and 87 together.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputies.

Departmental Expenditure

Michael D. Higgins

Question:

85 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the recommendations of the special group on the public service numbers and expenditure report that he plans to implement during 2010; and if he will make a statement on the matter. [19595/10]

A number of the measures in the Special Group Report (McCarthy) have been implemented at this stage in order to achieve reductions in the Departments Estimates for 2010. These relate to the programmes in a range of subheads which include Gender Mainstreaming, Graffiti Removal Operations, Equality Monitoring Consultative Committees, European Refugee Fund and Refugee Integration. The McCarthy Report recommended a total reduction of some €5 million in respect of these particular items. The actual budgetary reduction was €6.92 million.

A significant proportion of the recommendations (€84 million) related to reductions in payroll costs on items such as allowances payable to members of the Garda Síochána and the Prisons Service. In common with all Departments, there are significant reductions in payroll related provisions in 2010 to take account of the reductions in payroll rates and other factors. The overall reduction in gross payroll budgets for the Justice Sector compared with the 2009 estimate is in the region of €126 million.

A number of recommendations were made by the McCarthy Group on structural reform and rationalisation across the Justice and Equality Sector. The Deputy will be aware of the recent announcement by an Taoiseach, where the Equality and Disability sectors of the Department together with the Human Rights Commission are transferring to the renamed Department of Community, Equality and Gaeltacht Affairs. The arrangements to transfer these functions together with the relevant budgets and staffing resources are now well in train.

Prison Accommodation

Willie Penrose

Question:

86 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of prisoners in jails at the latest date for which figures are available; the number of occasions during the past five years on which the prison population has exceeded 4,000; the steps that are being taken to deal with prison overcrowding; and if he will make a statement on the matter. [19611/10]

I wish to inform the Deputy that on 10 May 2010 there were 4,214 prisoners in custody. The breakdown of the population per prison is listed in the table below:

Prison/Place of Detention

Persons in Custody

Arbour Hill Prison

154

Castlerea Prison

367

Cloverhill Prison

474

Cork Prison

296

Dóchas Centre

123

Limerick Prison (male)

312

Limerick Prison (female)

25

Loughan House

144

Midlands Prison

526

Mountjoy Prison

659

Portlaoise Prison

258

Shelton Abbey

94

St. Patrick’s Institution

221

Training Unit

114

Wheatfield Prison

447

Total

4,214

The number of persons in custody exceeded 4,000 for the first time on 9 October 2009. However it is only since the middle of November 2009 that the number in custody has consistently exceeded 4,000 on a daily basis. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% of a rise in the number in custody.

The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison facility will provide accommodation for 1,400 cells with operational flexibility to accommodate up to 2,200 in a range of security settings. The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September. Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

Question No. 87 answered with Question No. 84.
Question No. 88 answered with Question No. 38.

Garda Recruitment

Mary Upton

Question:

89 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the Reserve currently in training; if he is satisfied with the rate of recruitment; when he expects the full complement of 1,500 to be in place; if restrictions have been placed on recruitment to the Reserve arising from budgetary restrictions; his plans to undertake the review of the operation of the Garda Reserve, as recommended in the Report of the Garda Inspectorate on Resource Allocation; and if he will make a statement on the matter. [19602/10]

There are now 562 attested Reserve Gardaí with an additional 101 student Reserves in training, who will attest between July 2010 and November 2010 having successfully completed 4 phases of their training. I am circulating with this answer a list of the Garda stations to which Reserve Gardaí are attached. The Agreed Programme for Government has set a target strength for the Reserve at 10% of the full time strength of the Force. As the Garda Reserve depends on volunteers who undertake their training and other duties during their free time, it is difficult to predict how many people will commence training in any particular period. However, I can assure the Deputy and the House that the Garda Commissioner is continuing to make every effort to reach the recruitment target. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve, as members are volunteers and do not draw a salary.

Recruitment is ongoing and the Public Appointments Service has received in excess of 5,000 expressions of interest to join the Reserve in the first quarter of this year. The Government is strongly committed to the development of the Reserve. It has been a very successful initiative and I am confident that it will continue to flourish into the future. The Garda Commissioner is responsible for determining the range of powers and duties of Reserve members, and I am sure that he will keep these under review in line with the recommendation of the Inspectorate.

Station

Total

D.M.R.S.C.

Kevin Street

7

Kilmainham

5

Pearse Street

19

Harcourt Tce

0

Donnybrook

4

Irishtown

1

Total

36

DMR NC

Store Street

7

Bridewell

5

Fitzgibbon Street

8

Mountjoy

1

Total

21

DMR NORTH

Santry

7

D/Airport

0

Whitehall

1

Ballymun

9

Raheny

4

Clontarf

5

Howth

4

Coolock

9

Swords

6

Malahide

2

Balbriggan

5

Skerries

0

Lusk

0

Rush

0

Garristown

0

Total

52

DMR EAST

Dun Laoghaire

9

Dalkey

0

Cabinteely

0

Kill-O-Grange

0

Shankill

3

Blackrock

6

Dundrum

2

Stepaside

0

Total

20

DMR SOUTH

Crumlin

6

Sundrive Road

5

Tallaght

10

Rathfarnham

4

Rathmines

6

Terenure

7

Total

38

DMR WEST

Cabra

0

Finglas

7

Blanchardstown

20

Lucan

8

Ronanstown

2

Ballyfermot

4

Clondalkin

5

Rathcoole

0

Total

46

DMR TOTAL

213

Waterford

Waterford

18

Tramore

2

Dungarvan

1

Total

21

Wexford

Gorey

4

Enniscorthy

3

New Ross

2

Wexford

3

Total

12

Tipperary

Nenagh

1

Thurles

1

Roscrea

3

Carrick-On Suir

2

Clonmel

4

Templemore

1

Cahir

3

Tipperary

2

Total

17

Kilkenny/Carlow

Kilkenny

6

Thomastown

1

Carlow

8

Total

15

S/E Region Total

65

Cork City

Anglesea Street

16

Mayfield

5

Watercourse Road

5

Togher

5

Gurranbraher

8

Total

39

Cork North

Mallow

2

Cobh

3

Fermoy

3

Midleton

4

Total

12

Cork West

Bandon

3

Clonakilty

4

Macroom

3

Total

10

Kerry

Tralee

4

Killarney

1

Total

5

Limerick

Henry Street

17

Mayorstone Park

3

Roxboro Road

1

Total

21

Sth Region Total

87

Donegal

Letterkenny

10

Buncrana

2

Ballybofey

1

Total

13

Cavan/Monaghan

Cavan

4

Castleblaney

1

Monaghan

6

Total

11

Sligo/Leitrim

Sligo

7

Ballymote

2

Manorhamilton

2

Carrick-On-Shannon

2

Total

13

Louth

Drogheda

10

Dundalk

7

Ardee

3

Total

20

Nth Region Total

57

Clare

Ennis

9

Shannon

1

Killaloe

0

Total

10

Mayo

Castlebar

13

Ballina

3

Swinford

1

Claremorris

2

Westport

3

Total

22

Galway

Galway

24

Tuam

5

Ballinasloe

2

Loughrea

3

Salthill

4

Total

38

Roscommon/Longford

Roscommon

4

Boyle

0

Longford

4

Granard

1

Total

9

West Region Total

79

Westmeath

Athlone

3

Mullingar

7

Total

10

Meath

Navan

4

Ashbourne

1

Trim

2

Kells

3

Laytown

1

Total

11

Kildare

Naas

5

Athy

3

Celbridge

1

Newbridge

3

Kildare

5

Total

17

Laois/Offaly

Tullamore

7

Birr

1

Portlaoise

4

Total

12

Wicklow

Bray

4

Blessington

1

Wicklow

3

Arklow

1

Baltinglass

2

Total

11

East Region Total

61

Total

562

Question No. 90 answered with Question No. 42.

Proposed Legislation

Leo Varadkar

Question:

91 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform when he envisages a judicial council will be established; the role of this body; and if he will make a statement on the matter. [19447/10]

As the House will be aware, necessary consultations with the judiciary on the details of my proposals for a Judicial Council Bill have been ongoing for some time. I am happy to report that there has been renewed progress in these consultations in recent weeks. Following a Plenary Meeting of the judiciary on 8 May 2010, the Chief Justice has indicated the welcome and support of the judiciary for the latest draft of the Scheme of the Bill. At the meeting they were informed by the Registrar of the Ontario Judicial Council in relation to how the judicial complaints model has worked in that jurisdiction. I very much appreciate the positive engagement of the Chief Justice and his colleagues in giving renewed momentum to this important phase of the consultative process around the proposed Judicial Council Bill.

My proposals for a Bill will, I believe, achieve a reasonable balance between the Government's commitment to legislation on judicial conduct with lay participation and the need to ensure respect for the independence of the judiciary. Thanks to the efforts of all concerned, we have now reached an important point where few issues remain and it should be possible for me in the near future to seek the approval of the Government for my proposals, and for their publication. The publication of my proposals will be an important step in realising the commitment given in the Agreed Programme for Government to "legislate to provide effective remedies for complaints about judicial misbehaviour, including lay participation in the investigation of complaints".

Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. This will be centred on a definition of a breach of judicial conduct. A Judicial Council is to be established with responsibility for ensuring high standards of conduct among judges. The Judicial Council will also be more broadly supportive of excellence in the exercise by judges of their judicial functions. The work of the Judicial Council will be supported by a structure which will include a committee with specific responsibility for judicial conduct. This will be tasked, among other things, with the consideration and investigation of complaints. I particularly welcome the fact that the committee dealing with conduct matters is also to have lay participation. This was a key commitment of the Programme for Government which will enhance public confidence in the transparency of the accountability framework being offered under the new Bill.

Prison Seizures

Tom Sheahan

Question:

92 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of mobile phones that have been seized in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19443/10]

I wish to inform the Deputy that largely as a result of a rigorous regime of searches at the entry point of the prison the number of mobile phones seized in Mountjoy Prison from 1 January 2010 to 2 May 2010 was 351. Section 36 of the Prisons Act 2007, which was brought into operation on 1 May, 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report seizures of mobile phones to the Gardaí.

Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures.

Departmental Bodies

John Perry

Question:

93 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of times the working group on commercial rents has met to date; the consultations the group has engaged in with stakeholders; and if he will make a statement on the matter. [19450/10]

The Working Group to which the Deputy refers has met on four occasions since its establishment with the most recent meeting having taken place earlier this week. The membership of the Group is reflective of the stakeholders in this area. Furthermore, I understand that the Group has invited submissions from the public on the matters covered by its terms of reference and that a number of submissions have been made to the Group in response to that general invitation.

Magdalene Laundries

Enda Kenny

Question:

94 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform his plans to provide support to the survivors of the Magdalene Laundries; and if he will make a statement on the matter. [18796/10]

Research has indicated that a small proportion of entrants to Magdalen laundries came through the criminal justice system. Under the Probation of Offenders Act 1907, a person found to have committed a criminal offence may be made subject to a probation order under which the offender is released on entering a recognizance to be of good behaviour and subject to conditions. The duration of the order cannot exceed 3 years but if it is breached, the recognizance can be forfeit and the offender can be brought before the court for sentencing for the original offence. It has been established that in 1922 and subsequent years, courts did on occasion include a condition in a probation order that the female person who had been found to have committed a criminal offence, should reside in a particular institution for the duration of the order. Magdalen laundries were among the institutions used in this connection.

Pursuant to the Criminal Justice Act 1960, St. Mary's Magdalen Asylum, Sean McDermott Street, Dublin 1 was used as a period as a remand centre for female persons aged from 16 to 21 charged with criminal offences. The indications are that the periods of remand were normally quite short — a matter of days. As I have already informed the House, officials of my Department met with representatives of Justice for the Magdalenes on the 14th December, 2009. There was a good exchange of information at that meeting. For the information of the Deputy and the House my Department does not hold records that would identify the number of women who were sent to Magdalen Laundries since the foundation of the State. However, my Department and the National Archives do have some limited records relating to payments made in respect of persons remanded to St. Mary Magdalen Asylum in Sean McDermott Street, Dublin 1. I again repeat my willingness to allow access to those incomplete records in the normal way.

Redundancy Payments

Jim O'Keeffe

Question:

95 Deputy Jim O’Keeffe asked the Minister for Enterprise, Trade and Innovation the reason for the delay in processing redundancy claims by the Employment Appeals Tribunal, which is currently running at 55 weeks; his views on whether such delays are unacceptable; the steps he proposes in this regard; and if he will make a statement on the matter. [19730/10]

The Employment Appeals Tribunal is an independent, quasi-judicial body under the aegis of the Department of Enterprise, Trade and Employment. I am aware that there has been an unprecedented level of increase in claims to the Employment Appeals Tribunal — from 3,173 in 2007 to 9,458 in 2009 and a continuation of this trend in 2010 with 4,384 new claims lodged between January and the end of April. This has had an impact on case processing timeframes.

The situation in the Tribunal is under constant review and a number of steps have been taken to relieve this pressure. These include increasing the allocation of administrative resources to the Tribunal in the past two years, which has facilitated an increase in the numbers of sittings per day, from 924 in 2007 to a total of 1,437 in 2009. Earlier this year, I increased the pool of people available to sit on Tribunal Hearings and this should further help.

Efficiencies introduced in the Tribunal have increased the rate of throughput of claims at a greater rate from 2,807 in 2007 to 5,053 in 2009. I know from my recent meeting with the Chairman and all the Members of the new Tribunal that they are taking additional measures to try to address the upward pressure on case processing timeframes. I understand that the Tribunal will launch a pilot initiative at the end of June in the area where the increase in the numbers of claims has been particularly acute with a view to making a rapid and significant reduction in the list of cases awaiting hearing in that area.

Jimmy Deenihan

Question:

96 Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Innovation when payment of statutory redundancy will be awarded in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [19732/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.

I wish to advise the Deputy that while a lump sum claim was submitted to the Department in this instance, the claim is being returned as the required supporting documentation has not been lodged. It is my Department's practice not to enter incomplete claims on the system as these claims cannot be processed until the necessary documentation is submitted. The documentation required in support of lump sum claims, such as in this instance, is set out on my Department's website at www.entemp.ie. Submission of correctly completed Redundancy claim forms (RP50's) with all of the required documentation greatly facilitates the processing of claims.

The documentation required in support of lump sum claims is evidence of the employer's inability to pay the redundancy entitlements to the employees. This involves requesting a statement from the company's Accountant or Solicitor attesting to the inadequacy of assets to make the redundancy payments and, the latest set of financial accounts for the company. The employer is also asked to admit liability for the 40% liability attaching to the company arising from the redundancy payments. If this information is provided to the Department, the employees are paid their redundancy entitlement from the Social Insurance Fund. Upon payment, the Department pursues the company for the 40% share that the company would ordinarily have been expected to pay to the employees.

If the necessary supporting documentation required from the employer is not provided to my Department, the employee will be advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee's right and entitlement to redundancy. Once such a determination is available, the Department is then in a position to make the payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Department in the usual way.

Job Creation

Bernard J. Durkan

Question:

97 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the degree to which his Department, FÁS and other relevant Departments and agencies intend to interact in the rebuilding of the economy with particular reference to employment creation and retention; if he will further outline his proposals, if any, to examine and address the precise reason for the relocation of manufacturing or service jobs outside this country to other jurisdictions; if arising from any studies, his Department or other agencies have identified the measures needed to address the issues arising; and if he will make a statement on the matter. [19755/10]

Jobs and economic growth are about direct and indirect measures. My Department and the state agencies have a role to play in both directly supporting business and ensuring that the policies pursued across Government are consistent and support our overall national objectives of reducing unemployment, regional development and building the smart economy.

My Department and its agencies, interact regularly and intensively via the Cabinet Committee on Economic Renewal and the Senior Officials Group that underpins it. The primary purpose of these interactions is to prepare and deliver the actions that have and will continue to drive recovery and growth, and they have a specific focus on employment creation and retention. In addition, the wide range of direct enterprise agency supports are aimed at improving productivity, market knowledge, competitiveness, and leadership and management capabilities so that firms can compete successfully in international markets and grow their exports.

State supported indigenous companies currently employ 133,000 people. Enterprise Ireland's objective is to create a further 40,000 new jobs over the next five years. State supported foreign companies currently employ 124,000 people. IDA's objective is to create a further 62,000 new jobs over the next five years. The IDA and EI targets for job creation could lead to an additional 70,000 jobs elsewhere in the economy. In addition, the County and City Enterprise Boards support micro-enterprises across the country. Companies supported under the Employment Subsidy Scheme and the Enterprise Stabilisation Fund have committed to maintaining over 100,000 jobs to the end of November 2010.

We are also supporting companies with direct funding for R&D and through the recently enhanced R&D tax credit. Enterprise Ireland and IDA support companies ranging from Innovation Vouchers to large scale research programmes. We are funding collaborative research partnerships between companies and partnering companies with the strong science base we have built through PRTLI and Science Foundation Ireland. SFI funded researchers now work with over 300 companies.

However, the relocation of businesses within particular types of industry is a reality of modern global manufacturing for a highly developed economy such as Ireland. We successfully manage this process, through our policies on enterprise and foreign direct investment. These policies have enabled us to win many prestigious and value added investments, and have enabled us to replace lost jobs with others of equal or higher value in the economy. New jobs created in the enterprise development agencies' client companies in the last number of years are heavily concentrated in high-value added, knowledge-based companies that offer higher salaries and greater security in the face of intense international competition.

Since the onset of the global downturn, Agencies and groups associated with my Department such as Forfás, EI, IDA, the National Competitiveness Council have examined the underlying factors affecting mobile international investment and Ireland's competitive position. Specific actions to both protect jobs and create opportunities for employment in the future are set out in the reports such as that on Green Enterprise and the Innovation Taskforce. My Department is driving the implementation of prioritised recommendations in conjunction with my Government colleagues.

Redundancy Payments

Thomas Byrne

Question:

98 Deputy Thomas Byrne asked the Minister for Enterprise, Trade and Innovation the position regarding a redundancy payment in respect of a person (details supplied) in County Meath. [19792/10]

Thomas Byrne

Question:

99 Deputy Thomas Byrne asked the Minister for Enterprise, Trade and Innovation the position regarding a redundancy payment in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19793/10]

I propose to take Questions Nos. 98 and 99 together.

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/ liquidation.

I can confirm that my Department received redundancy lump sum claims on behalf of the individuals concerned in July, 2009. These claims are at an advanced stage of processing and payment is expected to issue within the next two weeks.

Property Management Companies

Noel Ahern

Question:

100 Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the position regarding a management company (details supplied); if this company is still registered; if this company has been struck off the list; if filed records are up to date and so on; the further position regarding proposed legislation in this area; the outcome for residents of a housing estate in Dublin 11 now; if they will be legally abandoned and management fees lost; and if he will make a statement on the matter. [19801/10]

Information regarding the status of the company referred to by the Deputy is publicly available from the Companies Registration Office (CRO). However, I understand that the relevant company remains registered with the CRO and recently filed Annual Return documents.

The Multi-Unit Developments Bill, which is the responsibility of my colleague the Minister for Justice, Equality and Law Reform, is currently awaiting Report stage in the Seanad. I have no direct function in relation to this Bill.

Banking Sector

Noel Ahern

Question:

101 Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the progress made to date with the introduction of loan schemes or loan guarantee schemes for the small and medium enterprise sector; and if a statement will be made on the matter particularly in relation to action on credit availability, the recommendations in Mazars Report and so on. [19802/10]

The whole aim of Government policy on banking has been to return the banks to a position where they can access funds and lend these funds on to viable businesses and households to support enterprise growth and economic recovery.

The Government has taken decisive action in order to get credit flowing again. The Bank Guarantee Scheme, the 2009 Recapitalisation Scheme, the nationalisation of Anglo Irish Banks and the establishment of the National Assets Management Agency have all contributed to the stabilisation of the banking sector with a view to facilitating the flow of credit. The 2010 Recapitalisation package builds on the earlier initiatives and includes additional supports for enterprises, including SMEs. In particular, AIB and Bank of Ireland have both committed to making available not less than €3 billion each for new or increased credit facilities to SMEs in both 2010 and 2011. This must include funds for working capital for businesses. Both banks must each produce a plan that includes a sectoral and geographic breakdown of how they intend to divide up this new lending. This will be a significant increase on the figures reported by the banks for 2009 and will help to sustain the economy and foster growth. This figure can be reviewed as the needs of the economy change.

As previously advised to this House, work is also under way in my Department on the examination of a possible scheme of Loan Guarantees for the SME sector which could augment lending by banks by addressing particular market failures. This is in line with one of the recommendations contained in the Mazars Review on Bank Lending to SMEs.

Enterprise Ireland and Forfás carried out examinations of loan guarantee schemes in the UK and in some other countries. Following more detailed examination, Forfás has recently submitted a report to my Department which is being considered. On completion of this work I will bring the results before the Government. As with any initiative, we will need to ensure that any scheme developed directly assists businesses, facilitates genuine additional lending in the market and, at the same time, safeguards the interests of the taxpayer.

Departmental Staff

Niall Collins

Question:

102 Deputy Niall Collins asked the Minister for Enterprise, Trade and Innovation his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19829/10]

My salary amounts to €217,677 gross per annum. There are no staff in my Department on a comparable or higher salary. Within the State Agencies under the aegis of my Department, there is only one office holder, the Director General (DG) of Science Foundation Ireland (SFI), who has a remuneration package which is higher than the salary that I receive. The DG's remuneration package comprises of a base salary of €180,109 per annum plus an allowance of €79,588 in the nature of pay on a personal basis, in recognition of his international research experience and expertise, as approved by the Minister for Finance. As an employee of SFI, the DG is required to enter the Forfás superannuation scheme. Contractually the DG is entitled to the use of a car in his role as DG although I understand that he has chosen to forgo this.

Work Permits

James Reilly

Question:

103 Deputy James Reilly asked the Minister for Enterprise, Trade and Innovation his plans to reform the work permit schemes for migrants; if his attention has been drawn to the exploitation of migrant workers under the current scheme whereby some employers are refusing to pay minimum wage and tell the employees that they are unable to change job because the employer holds the work permit; if his further attention has been drawn to the difficulties migrant workers face when they are made redundant due to the large fees and delays associated with a work permit application; if he will consider changing the scheme so that migrants are granted employment permits within a designated job category and have the right to change employer; and if he will make a statement on the matter. [19840/10]

Since 2004, a key element of Irish labour market policy has been to ensure that general labour and skills needs are met from within the workforce of the European Union. For strategic skills or labour shortages in designated occupations in key economic sectors, Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. The various schemes that give effect to such policies — Green Cards, Work Permits, Spousal and Dependant Work Permits and permits for Intra-company Transferees — were introduced under the Employment Permits Act, 2006 and came into effect on 1 February 2007.

In early 2009, the Department undertook a review of employment permit arrangements to ensure their ongoing relevance to the needs of the Irish labour market. As an outcome of this review, more stringent eligibility criteria were implemented for prospective new entrants to the work permit schemes from 1 June 2009 onwards. The main features of the new measures included: expanding the ineligible list of occupations for which permits can be issued; increasing by 50% the fees charged at renewal stage for new permits issued after 1 June 2009, and a reduction in the number of occupations for which Green Cards are issued.

My Department condemns any practices by employers that may result in non-compliance with employment rights entitlements or any other mistreatment of employees including those on employment permits. Ireland's Employment Rights Legislation establishes the statutory rights applicable to all people working in Ireland whether they are Irish citizens or otherwise. I would urge all whose employment rights are being breached by an employer or those who know of such exploitation, to contact the National Employment Rights Authority (NERA).

The Employment Permits Act 2006 sets out in legislation the rules governing employment permits. One of the main focuses of this Act was in increasing the rights and protections afforded to migrant workers and the means to ensure redress in the event of exploitative practices. The Act's provisions gave immigrants greater freedom, autonomy and control over their own employment choices by enabling workers for the first time to apply and re-apply for their own permit and allowing workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options. Last year, my Department issued almost 1,500 employment permits in respect of employees changing to new employers.

A properly controlled employment permit system requires that permits be issued to a specific employee for a specific job with a specific employer. To do otherwise would not only risk abuse of the employment permit system but would make it much more difficult to ensure that employers observed the employment rights of employees.

Due to the prioritisation of business needs of my Department, it was necessary to re-deploy a number of staff in the Employment Permits Section to the Redundancy Payments area in early 2009 where there is a strong need for additional resources to process payments to those who have lost their jobs. This has resulted in currently higher processing times for some of the permit types. In the priority high skills area of Green Cards and Intra Company Transfers, applications are still being processed within 15 working days. In relation to Work Permits and Spousal applications, measures have been put in place to address the current wait-time. I can report that significant progress has been made in reducing the backlog in these areas.

The Employment Permits Act 2006 allows for regular review of Ireland's economic migration policies and my Department keeps these policies under review, in line with the emerging needs of the labour market, on an on-going basis.

Flood Relief

Michael Creed

Question:

104 Deputy Michael Creed asked the Minister for Finance the details of correspondence and other communications between his Department, the Office of Public Works and Cork County Council in connection with flooding at a location (details supplied) in County Cork; if a formal application was received from Cork County Council for funding under the minor flood relief works scheme to alleviate flooding at this location; if funding will be available for these works in 2010; and if he will make a statement on the matter. [19709/10]

The Office of Public Works (OPW) received representations from Cork County Council in 2005 in relation to flooding in the Ballingeary/Inchigeela area. Following consultations with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government, the OPW carried out substantial channel cleaning works downstream of Inchigeela in 2005 and 2006.

The draft Flood Risk Assessment and Management Plan for the Lee Catchment, which includes Ballingeary/Inchigeela, went to public consultation in February, and submissions that were received in relation to flood risk in the area are currently being reviewed.

It would be open to Cork County Council to submit an application for funding for mitigation measures at these locations under the OPW minor flood works scheme. If an application is submitted, it will be considered by OPW in the light of the review of submissions in relation to the draft Lee Catchment Plan and having regard to the overall availability of resources for flood risk management.

Question No. 105 withdrawn

Social and Affordable Housing

James Bannon

Question:

106 Deputy James Bannon asked the Minister for Finance if he will postpone the intended introduction of VAT on the sale of affordable houses, the operation of shared ownership schemes and local authority provided leisure activities from 1 July 2010 until 1 January 2011 in view of the fact that transitional measures are usually included when the scope of VAT is extended, to avoid any double charge of irrecoverable VAT; and if he will make a statement on the matter. [19743/10]

I would like to point out in regard to deferring the implementation date of applying VAT on services provided by public bodies, that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that State and public bodies are in general subject to VAT. This case goes back to 2004 when infringement proceedings were taken by the European Commission against Ireland. Given the time that has passed since the Court's Judgement, and since the commencement of the case, it is imperative that the VAT implementation takes place as soon as possible.

1 July 2010 was chosen as the date of implementation of VAT in this regard in order to allow time to process the relevant legislation and for State and public bodies including local authorities, to prepare for the change to their administrative systems. Indeed, since the Judgement issued the European Commission have corresponded with us on a number of occasions seeking updates on our progress as regards its implementation and we have informed them of the recent enactment of the Finance Act 2010. Consequently, in the circumstances any deferral of the implementation date is not at this stage realistically feasible.

With regard to the specific local authority services outlined by the Deputy, I would point out that the shared ownership scheme, as a financial service, would, in any case, be exempt from VAT. In the case of local authority provided leisure activities, provision was made in the Finance Act that VAT on the supply of sports and community-type facilities by public bodies will come into effect not on 1 July but by Ministerial order. This will allow for a more complete examination of the issues, including an analysis of how the new rules might best be implemented. In practical terms this means that, for the present, the supply by local authorities of football pitches, swimming pools, halls etc to local clubs and societies will not be subject to VAT.

In relation to whether the sale of affordable housing operated by local authorities should become subject to VAT, I would point out that the ECJ Judgement, and the EU VAT Directive, provide that services supplied by State bodies in the case of their regulatory capacity as a public authority would remain outside the scope of VAT to the extent that their treatment as non-taxable would not lead to a distortion of competition. The supply of affordable housing would be considered a regulatory function of local authorities in this regard, however, the extent to which those services are in competition with private developers is currently being considered. I would also like to draw to your attention that where a service is made subject to VAT, the provider of the service is entitled to claim VAT on inputs in the provision of that service, where the VAT on inputs arise after the date the service is made subject to VAT.

The Revenue Commissioners are proceeding with implementing the new regime and liaising where possible with local authorities to ensure transition to the new VAT arrangements. While it is accepted that there may be initial teething problems, it is expected, as in the case of all tax legislation, that the State and public bodies comply with the new VAT rules from 1 July 2010.

James Bannon

Question:

107 Deputy James Bannon asked the Minister for Finance if he will list the sale of affordable houses and the operation of the shared ownership scheme as non-taxable services in the amended Finance Bill in view of the fact that these are severely impacting on local authorities; and if he will make a statement on the matter. [19744/10]

I would point out that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies are in general subject to VAT. The Finance Act 2010 provided that the services of public bodies, including local authorities, would become subject to VAT from 1 July 2010.

The shared ownership scheme, as a financial service, would be exempt from VAT. In relation to whether the sale of affordable housing operated by local authorities should become subject to VAT, I would point out that the ECJ Judgement, and the EU VAT Directive, provide that services supplied by State bodies in the case of their regulatory capacity as a public authority would remain outside the scope of VAT to the extent that their treatment as non-taxable would not lead to a distortion of competition. The supply of affordable housing would be considered a regulatory function of local authorities in this regard, however, the extent to which those services are in competition with private developers is currently being considered.

I would also like to draw to your attention that where a service is made subject to VAT, the provider of the service is entitled to claim VAT on inputs in the provision of that service, where the VAT on inputs arise after the date the service is made subject to VAT.

Tax Code

James Bannon

Question:

108 Deputy James Bannon asked the Minister for Finance if he will remove VAT on local authority provided leisure activities; and if he will make a statement on the matter. [19745/10]

On 16 July 2009 the European Court of Justice ruled in case C-544/07 against Ireland, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies, including local authorities, are in general subject to VAT. The Finance Act 2010 provided that such services will become taxable from 1 July 2010.

With regard to the definition of not-for-profit activity under VAT legislation; under the EU VAT Directive treating local authorities and State bodies as not-for-profit organisations is not possible. The Directive provides distinct and separate regulation for not-for-profit bodies and State bodies, including local authorities. It is not possible to exempt from VAT any activity of a State body, including a local authority, or indeed any other business, simply because it is not making a profit.

Nonetheless, provision was made in the Finance Act that VAT on the supply of sports and community-type facilities by public bodies will come into effect not on 1 July but by Ministerial order. This will allow for a more complete examination of the issues, including an analysis of how the new rules might best be implemented. In practical terms this means that, for the present, the supply by local authorities of football pitches, swimming pools, halls etc to local clubs and societies will not be subject to VAT.

Ciaran Lynch

Question:

109 Deputy Ciarán Lynch asked the Minister for Finance the number of landlords eligible for tax relief on interest paid on borrowings to purchase investment properties on a county basis; and if he will make a statement on the matter. [19747/10]

I am informed by the Revenue Commissioners that the relevant information available on numbers of claimants who claimed income tax relief for a deduction for interest on borrowings to be offset against rental income assessable under Case V, Schedule D is based on personal income tax returns filed to date by non-PAYE taxpayers for the year 2008, the latest year for which this information is available. On this basis the numbers of claimants are as set out in the following table.

The figures are subject to adjustment in the event of late returns being filed or where returns already filed are subsequently amended. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figures provided in this reply.

An estimated breakdown of the figures on a geographical basis is available on the basis of "bailiwick", meaning, in this case, the jurisdiction or boundaries within which Revenue Sheriffs, County Registrars or their officers operate for the purposes of enforcement of tax debt and which equates geographically with "county".

It should be noted that the county description applies to the claimant of the tax relief but is not necessarily the county in which the property to which the tax relief applies is situated.

The Deputy will no doubt be aware that the level at which interest repayments can be claimed against tax for residential rental properties was reduced from 100% to 75% in section 5 of the Finance Act 2009 at an estimated full year yield of €95 million.

Number of claimants in 2008 for income tax relief for interest on borrowings incurred in acquiring rental property

County

2008

Carlow

979

Cavan

1,391

Clare

2,342

Donegal

2,074

Galway

6,590

Kerry

2,854

Kildare

5,721

Kilkenny

1,799

Laois

1,029

Leitrim

563

Limerick

3,624

Longford

731

Louth

2,057

Mayo

2,621

Meath

4,617

Monaghan

1,035

Offaly

1,208

Roscommon

1,158

Sligo

1,271

Tipperary

3,038

Waterford

2,235

Westmeath

1,963

Wexford

2,815

Wicklow

3,430

Dublin

33,388

Cork

12,661

Other/foreign

1,523

Total

104,717

Social Partnership

Niall Collins

Question:

110 Deputy Niall Collins asked the Minister for Finance the cost of holding the recent social partnership talks in the Croke Park Conference Centre; the way the rate was negotiated; if the cost is being shared by the parties involved in the talks; and if he will make a statement on the matter. [19816/10]

The negotiation of the draft Public Service Pay Agreement was facilitated by Kieran Mulvey and Kevin Foley, drawing on the resources of the Labour Relations Commission. Costs incurred by the Labour Relations Commission are a matter for the Commission itself and I have no operational role in the matter.

Credit Union Movement

John Perry

Question:

111 Deputy John Perry asked the Minister for Finance the reason the group of experts established by him and the Department of Communications, Energy and Natural Resources to work on the response to the issue of indebtedness does not contain any representative of the credit union movement, although at least two representatives of the banking sector are among the membership; if the group will be expanded to include relevant expertise from within the credit union movement; when this will be done; and if he will make a statement on the matter. [19820/10]

The Deputy will be aware that in February this year I announced the establishment of an Expert Group on Mortgage Arrears and Personal Debt, under the Chairmanship of Mr. Hugh Cooney, an insolvency accountant with KPMG.

The membership of the Expert Group is as follows:

Name

Mr. Matthew Elderfield

Financial Regulator

Dr. David Duffy

ESRI

Mr. Pat Farrell

Irish Banking Federation (IBF)

Mr. Tom Foley

Banking Consultant

Mr. Paul Joyce

Free Legal Advice Centre (FLAC)

Ms. Patricia T. Rickard-Clarke

Law Reform Commission (LRC)

Mr. Brendan Burgess

Independent Consultant

The Group also includes senior officials of the Departments of Finance, Taoiseach, Justice Equality and Law Reform, Social Protection, Communications Energy and Natural Resources, and Environment Heritage and Local Government.

The Group is initially exploring the feasibility of a range of possible options for improving the level of mortgage support to homeowners in difficulty. I expect that the Group's recommendations will be made to me on a rolling basis as it progresses with its findings and that a final report on this phase of the review will be ready by end June 2010.

I am satisfied that the external members of the Group have the relevant expertise in areas relating to mortgage arrears and personal debt. In addition to the expertise of its own members, the Group as part of its fact finding, has received presentations from representatives of the mainstream lenders, sub-prime lenders as well as voluntary organisations supporting home owners in difficulties.

I understand that once the Expert Group changes its focus from mortgage arrears issues to the more general issue of helping those in personal debt, that the Credit Union movement along with others will be given the opportunity to present to the Group.

Departmental Staff

Niall Collins

Question:

112 Deputy Niall Collins asked the Minister for Finance his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration packages of office holders in all forms of State agency under the aegis of his Department which are comparable with or higher than his salary, in tabular form; and if he will make a statement on the matter. [19831/10]

My salary cost, taking into account both my salary as Minister and a T.D., is €191,417 per annum.

There are two officers of my Department who are in the category referred to by the Deputy. The Secretary General of my Department is paid €228,466. The Secretary General, Public Service Management and Development is paid €215,590.

In relation to agencies under the aegis of my Department, I am advised that the following is the position:

Office of the Revenue Commissioners: The Chairman is on a salary of €215,590. This is the only officer in Revenue on a scale higher than that quoted above for the Minister for Finance.

National Lottery: The current salary of the CEO is €230,000; he also receives a Director’s fee of €12,500, a car allowance of €15,000, health insurance of €5,000 and a company pension contribution of €33,000 (in addition to making a personal pension contribution of 6.5%).

There are no staff on a comparable or higher salary in respect of the Office of Public Works, Commission for Public Service Appointments, Public Appointments Service, Valuation Office or State Laboratory. Remuneration contracts of officials of theNational Treasury Management Agency are confidential.

National Pensions Reserve Fund

Denis Naughten

Question:

113 Deputy Denis Naughten asked the Minister for Finance if he will provide a list of the assets and liabilities at 31 December 2009 of the funds listed in Schedule 1 of the Financial Measures (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [19884/10]

The Pension Funds of the following Bodies listed in Schedule 1 of the Financial Measures (Miscellaneous Provisions) Act 2009 were transferred to the National Pensions Reserve Fund (NPRF) on 31 December 2009: University of Dublin Trinity College; National University of Ireland, Maynooth; Forfás (Industrial Development Authority Superannuation Fund and Irish Goods Council Pension Fund); SFADCo; FÁS; An Bord Bia; Arts Council; Fáilte Ireland (Regional Tourism Pension Scheme Fund and CERT Fund).

The Pension Funds of the following Bodies listed in the Schedule transferred to the NPRF on 31 March 2010: University College Dublin; University College Cork and National University of Ireland, Galway. The remaining Pension Funds listed in the Schedule will be transferred in 2010, subject to all technical arrangements and preconditions relating to the transfers being completed.

Under the provisions of the Transfer Order made under the Act in respect of each transfer, each Body is required to prepare final accounts for the transferred Fund and to have those accounts audited. These final accounts will provide figures for the assets and liabilities of each Fund as at the transfer date but they are not yet available.

Health Services

Michael Noonan

Question:

114 Deputy Michael Noonan asked the Minister for Health and Children if she will appoint an official of her Department who will take a lead role in an initiative to provide an out-of-hours general practitioner service in Limerick city along the lines of Shannon Doc or West Doc; if her attention has been drawn to a case resulting from the lack of an out-of-hours service in Limerick city, which has been brought to the attention of local public representatives by the Simon Community (details supplied); and if she will make a statement on the matter. [19697/10]

Under the General Medical Services (GMS) Scheme, general practitioners (GPs) are obliged to provide services for their medical card and GP visit card patients, for 40 hours each week. They must also make arrangements to enable contact to be made with them, or a locum/deputy, for emergencies outside of these hours.

GP out-of-hours co-operatives allow general practitioners to put in place arrangements to provide services to their patients outside normal surgery hours in the evening, on weekends and bank holidays. As the Deputy is aware, there is not yet a GP out-of-hours co-operative to serve Limerick city.

The HSE recently published a national review of GP Out of Hours Services. One of the recommendations in the report is that each of the four HSE regions should engage with GPs to ensure that out of hours coverage is available in all areas of the country. The HSE's National Service Plan for 2010 commits the Executive to commencing implementation of the recommendations of the review in 2010. Performance against this commitment will be assessed and reported to me.

In relation to the specific case referred to by the Deputy, the HSE has advised that further details would be required to allow it to consider if an investigation is necessary. I will be happy to transmit this, if the Deputy wishes to take it further with more information. Perhaps he would like to contact my office so that he can be given an indication of the type of information that would be helpful.

Hospital Services

Bobby Aylward

Question:

115 Deputy Bobby Aylward asked the Minister for Health and Children if she will carry out an immediate investigation into the case of a person (details supplied) in County Laois who had an operation in 2007 at Beaumont Hospital, Dublin and who is still waiting for a follow up operation; and if she will make a statement on the matter. [19708/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Health Services

Denis Naughten

Question:

116 Deputy Denis Naughten asked the Minister for Health and Children if she will withdraw the HSE circular of 26 April 2010 regarding the dental treatment services scheme in view of its impact on medical card holders; and if she will make a statement on the matter. [19740/10]

This decision to limit the funding available to the Dental Treatment Services Scheme (DTSS) was made in view of the current position of the public finances and the 60% increase in expenditure in the DTSS over the past five years. The HSE has introduced measures to contain DTSS expenditure at the 2008 level of approximately €63 million. This reflects the imperative to achieve overall reductions in public expenditure while providing essential health services to patients. The HSE will monitor the ongoing effect of these changes from a clinical and budgetary perspective.

Hospital Transport

James Bannon

Question:

117 Deputy James Bannon asked the Minister for Health and Children if she will provide transport or a transport voucher to a person (details supplied) in County Longford to take them to and from the Mater hospital in Dublin for chemotherapy in view of the fact that this transportation was promised when the cancer unit was closed at Midland Regional Hospital; and if she will make a statement on the matter. [19742/10]

I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question.

However, I can state that the Health Service Executive's National Cancer Control Programme provides funding for the "Travel2Care" Scheme which is administered by the Irish Cancer Society. This scheme provide assistance to patients diagnosed with breast cancer, prostate cancer or lung cancer experiencing genuine difficulties with travel to the eight designated cancer care centres.

Patients with an appointment for assessment/investigations in one of the eight designated cancer care centres are sent an information pack which contains information on Travel2Care. Alternatively application forms may be obtained directly by contacting the Irish Cancer Society by email at travel2care@irishcancer.ieor by phone on 01-2316619.

Occupational Diseases

John McGuinness

Question:

118 Deputy John McGuinness asked the Minister for Health and Children the progress arising from a meeting held on the 5 May 2010 between her Department officials and retired coal miners; if her Department will be appointed to progress their claim to determine whether there will be a Government response; and if she will make a statement on the matter. [19750/10]

My colleagues in the Department of Social Protection and the Department of Communications, Energy and Natural Resources and I agreed to a request on behalf of former coal miners that our officials would meet with them on the 5th May 2010 to listen to their concerns. Following on from that meeting my officials will report back to me and I will consider the issues raised.

Medical Cards

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 64 of 6 May 2010, when a comprehensive reply will issue; if her attention has been drawn to the fact that this issue has been raised in numerous parliamentary questions without success; and if she will make a statement on the matter. [19772/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Hospital Procedures

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 63 of 6 May 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19773/10]

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 158 of 29 April 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19775/10]

I propose to take Questions Nos. 120 and 122 together.

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Medical Cards

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Minister for Health and Children further to Parliamentary Question No. 186 of 27 April, 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19774/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Question No. 122 answered with Question No. 120.

Departmental Correspondence

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Health and Children when further correspondences to her Department in respect of a person (details supplied) in County Louth will be addressed; and if she will make a statement on the matter. [19776/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Hospital Services.

Willie Penrose

Question:

124 Deputy Willie Penrose asked the Minister for Health and Children the steps she will take to have a person (details supplied) in County Westmeath admitted for a surgical procedure; and if she will make a statement on the matter. [19789/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Services for People with Disabilities

Noel Ahern

Question:

125 Deputy Noel Ahern asked the Minister for Health and Children the services to which MS patients are entitled and, in the case of a person (details supplied) in Dublin 11, if the district nurse will be scheduled to call on this person regularly; the health service including overtime involved in providing or supporting changes to their driveway ramp; if funding has been provided for a special medical bed; and if amended correct medical card will be provided. [19803/10]

I regret that due to industrial action affecting the Health Service Executive, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, I would invite you to raise it with me again in due course. However, I would also recommend that you inform the individual mentioned that it is open to them to contact their local health office directly in relation to health services and their local authority in relation to changes to their driveway ramp.

Children in Care

Noel Ahern

Question:

126 Deputy Noel Ahern asked the Minister for Health and Children her views on the campaign of an organisation (details supplied) to include a legal entitlement to aftercare in the Child Care Amendment Bill 2009; if consideration has been given to this request; if any response or statement has been made in response; and if she will make a statement on the matter. [19804/10]

I am currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Child Care Act 1991. I met recently with Focus Ireland in this regard and had a constructive exchange of views and discussion on these matters.

I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options.

The Report of the Commission to Inquire into Child Abuse, 2009 Implementation Plan states that “The provision of aftercare by the HSE should form an integral part of care delivery for children who have been in the care of the state. It should not be seen as a discretionary service or as a once-off event that occurs on a young person’s 18th birthday.”

The Report makes the following recommendations in relation to aftercare:

The HSE will ensure the provision of aftercare services for children leaving care in all instances where the professional judgement of the allocated social worker determines it is required;

The HSE will, with their consent, conduct a longitudinal study to follow young people who leave care for 10 years, to map their transition to adulthood;

The HSE and the Department of the Environment, Heritage and Local Government will review the approach to prioritising identified "at risk" young people leaving care and requiring local authority housing;

The HSE will ensure care plans include aftercare planning for all young people of 16 years and older;

The HSE will ensure that aftercare planning identifies key workers in other health services to which a young person is referred, for example, disability and mental health services;

The OMCYA, in conjunction with the HSE, will consider how best to provide necessary once-off supports for care leavers to gain practical lifelong skills.

In line with the Government commitment as reflected in the Ryan Implementation Plan funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.

Medical Cards

Noel Ahern

Question:

127 Deputy Noel Ahern asked the Minister for Health and Children if she will examine the case of a person (details supplied) in Dublin 11 whose application for an over 70 years medical card took ten months to process and who had medical expenses of €1,817 during the seven months they would have been eligible for a medical card and have submitted same to the Health Service Executive; and if she will make a statement on the matter. [19805/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Noel Ahern

Question:

128 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the processing of medical card applications; if the existing cards are still valid until the renewal process including appeal is completed; the reason applications are being refused to persons on basic social welfare payments; if reasoning has been lost in the new system; and the further reason a renewal application in respect of a person (details supplied) has been refused. [19806/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Hospital Waiting Lists

Noel Ahern

Question:

129 Deputy Noel Ahern asked the Minister for Health and Children the number of ear, nose and throat consultants attached to Temple Street Children’s Hospital, Dublin 1; if her attention has been drawn to the fact that there is a 12 month delay for an ENT outpatient appointment; if she will prioritise the case of a person details supplied in Dublin 9; and if she will make a statement on the matter. [19807/10]

Noel Ahern

Question:

130 Deputy Noel Ahern asked the Minister for Health and Children if she will refer to the waiting list for ear, nose and throat consultant outpatient appointments at Temple Street Hospital, Dublin 1, which are currently of 12 months duration; the reason for delays in appointments in other children’s hospitals in Dublin for ENT; the number of ENT consultants working in Temple Street; if all are currently in work; the further reason there is such an unsatisfactory delay; her plans to improve the matter; and if the national treatment purchase fund could be used to improve matters and specifically in respect of a person (details supplied). [19808/10]

I propose to take Questions Nos. 129 and 130 together.

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If these matters remain of continuing concern to you, however, I would invite you to raise it with me again in due course.

The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Medical Cards

Noel Ahern

Question:

131 Deputy Noel Ahern asked the Minister for Health and Children if there are statistics available for the period of time for which medical cards are issued; if a greater number of cards are now only being issued for one year; if so the reason for same; the further reason for such short time periods; and if she will make a statement on the matter. [19809/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Health Service Staff

Denis Naughten

Question:

132 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 140 of 29 April, 2010, the steps she is taking to secure non-consultant hospital doctor cover for smaller hospitals like Roscommon County Hospital and Portiuncula Hospital, Ballinasloe, County Galway from July 2010; and if she will make a statement on the matter. [19818/10]

Denis Naughten

Question:

133 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 141 of 29 April 2010 if the discussions have reached a conclusion; and if she will make a statement on the matter. [19819/10]

I propose to take Questions Nos. 132 and 133 together.

The Health Service Executive (HSE), which has responsibility for determining the composition of its staffing complement, is anticipating that there may be some difficulties in the filling of junior doctor posts in July when doctors begin their new rotation. Initial reports from the HSE indicate reductions in applications for posts, especially in emergency medicine, anaesthesia, general medicine and in smaller hospitals. A range of proposals to address the situation, if there is a significant increase in vacancies, are currently being worked on by the HSE. In relation to attracting doctors from outside the EEA, the Irish Medical Organisation has expressed concerns that the current visa and work permit obligations for non-EEA doctors may be hindering recruitment. The HSE is still in discussion with the Department of Justice, Equality and Law Reform and the Department of Enterprise, Trade and Innovation with a view to agreeing more flexible visa and employment permit arrangements for non-EEA NCHDs.

Medical Aids and Appliances

Pat Breen

Question:

134 Deputy Pat Breen asked the Minister for Health and Children when an applicant will be facilitated (details supplied) in County Clare; and if she will make a statement on the matter. [19822/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Departmental Expenditure

Niall Collins

Question:

135 Deputy Niall Collins asked the Minister for Health and Children her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19833/10]

I assume that the Deputy is referring to my combined T.D and Ministerial salary of €191,417. There is one staff member in my Department who is on a comparable or higher salary i.e. Secretary General who is on a salary of €215,590. The information requested by the Deputy in relation to the Non Commercial State Sponsored Bodies established under the aegis of this Department is not readily available. I will arrange to have the information compiled and forwarded to the Deputy in due course.

Health Services

Pat Breen

Question:

136 Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to plans to reduce services to an organisation (details supplied) in County Limerick and the impact that these cutbacks will have. [19841/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Hospital Services

James Reilly

Question:

137 Deputy James Reilly asked the Minister for Health and Children the reason a person (details supplied) and their general practitioner are unable to get the results of their X-ray from a consultant at St. Vincent’s Hospital, Dublin 4; and if she will make a statement on the matter. [19853/10]

My Department has been informed that all documentation has been released to this patient by St. Vincent's Hospital. An application by him to the Ombudsman has upheld the hospital's decision in the matter.

Alan Shatter

Question:

138 Deputy Alan Shatter asked the Minister for Health and Children if her attention has been drawn to the fact that there is currently a waiting list at St. James's Hospital, Dublin, for funding in respect of a procedure to replace used batteries in neurostimlator systems implanted in patients to provide relief from chronic pain; if she will provide funding for the necessary procedure to be carried out in respect of a person (details supplied) in Dublin 16 whose neruostimulator system battery expired several months ago and whose health and quality of life has deteriorated as a consequence; and if she will make a statement on the matter. [19881/10]

I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Departmental Staff

Niall Collins

Question:

139 Deputy Niall Collins asked the Minister for Transport his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19836/10]

The salary of the Minister of Transport and the Secretary General of the Department of Transport together with the salaries of Chief Executive Officers under the aegis of this Department who are on a comparable or higher salary are set out in the table.

The other elements of the remuneration packages of Chief Executive Officers are generally set out in the Annual Reports of the agencies concerned. In the case of the CIE companies — Bus Éireann, Bus Átha Cliath and Iarnród Éireann — these will be included in their 2009 accounts when they are published

Salary

Minister

191,417

Secretary General

215,590

Port of Cork Company

245,372*

Irish Aviation Authority

253,000

Dublin Airport Authority

348,000

CIE Executive Chairman

235,121

Bus Átha Cliath

237,357

Bus Éireann

218,333

Iarnród Éireann

265,252

Dublin Port Company

222,000

National Roads Authority

257,692

*Includes deferred bonus payments for 2006 and 2007.

Planning Issues

Leo Varadkar

Question:

140 Deputy Leo Varadkar asked the Minister for Transport the legislation that allows the National Roads Authority to erect motorway signage gantries without applying for planning permission; and if he will make a statement on the matter. [19885/10]

Section 2 of the Roads Act 1993 defines a road as including a gantry. Section 19 of the 1993 Act, as amended by section 7 of the Roads Act 2007, sets out the specific functions which the National Roads Authority (NRA) may do in relation to national roads or proposed national roads, including the following:

Secure the carrying out of construction or maintenance works, or the provision of traffic signs.

Provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users.

It further states that development consisting of the carrying out of any works by or at the direction of, or on behalf of the Authority under the Roads Act in relation to the construction or maintenance of a national or other public road or anything related or incidental to such is exempted development for the purposes of the Planning and Development Act 2000.

The erection of overhead signage gantries, or any road signage, is therefore an exempted development and does not require planning permission.

Legal Aid Service

Pat Rabbitte

Question:

141 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the total amount paid to solicitors under the legal aid scheme for criminal cases in the past year for which figures are available; if there is any information available as to the extent to which adjournments add to costs in such cases; and if he will make a statement on the matter. [19690/10]

The total amount paid to solicitors and barristers under the Criminal Legal Aid Scheme in 2009 was €37m and €20m respectively. Regulations provide that no fee is payable to a solicitor in respect of any day on which the hearing consists only of an application for adjournment made, in the opinion of the court, for the solicitor's convenience. Data cannot easily be extracted in relation to the additional costs of adjournments but, as the Deputy is aware, they add to costs across the criminal justice system generally.

The cost of the operation of the Criminal Legal Aid Scheme is of concern to the Government. My Department is developing proposals for reform of the Scheme in the context of the forthcoming Criminal Justice (Legal Aid) (Amendment) Bill.

EU Directives

Pat Rabbitte

Question:

142 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his plans to implement Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum seekers, which stipulates that asylum seekers should be permitted to work after a given period of time in a member state, particularly having regard to the ongoing delays in processing asylum applications. [19691/10]

The legal basis for Council Directive 2003/9/EC of 27 January 2003, laying down minimum standards for the reception of asylum seekers (Reception Conditions Directive), is Article 63 of the Treaty establishing the European Community (TEC). Accordingly, the provisions of the Amsterdam Treaty Protocol on the position of Ireland and the United Kingdom in relation to matters relating to asylum (Title IV TEC) apply. Ireland did not participate in the adoption and application of the 2003 Directive and there are currently no plans to exercise an opt-in in relation to it.

The principal reason for Ireland's position is the provisions of Article 11 of the 2003 Directive which deals with access to the labour market for asylum seekers. Article 11 provides that if a decision at first instance has not been taken within one year of the presentation of an application for asylum, and this delay cannot be attributed to the applicant, Member States shall decide the conditions for granting access to the labour market for the applicant.

This is contrary to the existing statutory position in Ireland which provides that an asylum seeker shall not seek or enter employment. This prohibition in Irish law is maintained in the Immigration, Residence and Protection Bill 2008 which is currently before the Oireachtas.

Extending the right to work to asylum seekers would almost certainly have a profoundly negative impact on application numbers, as was experienced in the aftermath of the July 1999 decision to do so. The immediate effect of that measure was a threefold increase in the average number of applications per month leading to a figure of 1,217 applications in December 1999 compared with an average of 364 per month for the period January to July 1999.

Processing of Asylum Applications

On the issue of timescales for the processing of asylum applications, the Deputy might note that in the Office of the Refugee Applications Commissioner (ORAC) the current average processing time for prioritised applications (applicants from South Africa and Croatia) is 3-4 weeks. The average processing time for non-prioritised applications in ORAC is 8-9 weeks. While in the Refugee Appeals Tribunal (RAT) the median processing time for accelerated appeals (appeals on papers only) is 9 weeks and is 43 weeks for substantive appeals.

Some cases can take significantly longer to complete due to, for example, delays arising from medical issues, non-availability of interpreters or because of judicial review proceedings. Further complexity arises in the processing of applications because of the fact that applicants are from over 90 different countries. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 (as amended). High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.

Persons who are refused a declaration under Section 17 of the Refugee Act 1996 (as amended) that they are a refugee subsequently enter what is commonly referred to as the "leave to remain" process. This is separate to the asylum or refugee status determination process.

There is a sizeable backlog of cases awaiting processing in the Repatriation area of the Irish Naturalisation and Immigration Service (INIS), approximately 11,500 cases at the end of April 2010. Over half of these cases include an application for Subsidiary Protection as well as further consideration to be given under Section 3 of the Immigration Act 1999 (as amended).

The processing of cases at repatriation stage is complex and extremely resource intensive given that where an application for Subsidiary Protection is lodged in addition to representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the Subsidiary Protection application must be considered first to assess whether the applicant has an identifiable need for international protection.

The investigation of a Subsidiary Protection application requires a fresh examination of the entire asylum file, the documentation and country of origin information submitted in support of the application as well as an examination of objective, reputable, up to date country of origin information before a conclusion can be arrived at as to whether the applicant is likely to be exposed to ‘serious harm' if returned to his/her country of origin. Where such an application is refused consideration must then be given to the case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), at which point the Minister must make a decision as to whether or not to make a Deportation Order in respect of that person. All of this must be done in strict compliance with the Constitution, together with relevant international treaties, such as the European Convention on Human Rights.

It will be seen that these are not quick or easy decisions to make and given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.

Crime Levels

Joanna Tuffy

Question:

143 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the number of burglaries committed in the Meath Hill and Drumconrath area, County Meath, in each of the past four years; the number of burglaries detected; the additional steps being taken in this area to reduce the number of burglaries; and if he will make a statement on the matter. [19741/10]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

I am informed by the Garda authorities that the areas referred to are subject to regular patrols by District and Divisional resources, including uniform and plain-clothes patrols and checkpoints conducted under Operation Anvil and by Divisional detective and Traffic Corps personnel.

I am further informed that a number of Community Alert schemes have been established in the area. A member of the local Community Policing Unit is working closely with local residents to establish a Community Alert Scheme in the specific locality referred to. The situation will continue to be closely monitored by local Garda management.

Residency Permits

Bernard J. Durkan

Question:

144 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [19756/10]

The person concerned applied for asylum on 10 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 July 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 a Deportation Order should not be made against him. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Garda Equipment

Bernard J. Durkan

Question:

145 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which all Garda stations throughout the country have been provided with PULSE and or other up to date communications facilities; and if he will make a statement on the matter. [19757/10]

Bernard J. Durkan

Question:

148 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Garda stations currently fully equipped with the most modern communications technology; the number of such stations without or deficient in such technology; and if he will make a statement on the matter. [19760/10]

I propose to take Questions Nos. 145 and 148 together.

I am informed by the Garda authorities that there are 349 locations on the Garda Information Systems (GIS) network, which includes access to PULSE, Fixed Charge Processing System (FCPS), Automatic Fingerprint Information System (AFIS) and Garda National Immigration Bureau (GNIB). These locations provide approximately 87% of Garda personnel with access to GIS and account for the capture of over 85% of incidents. In addition, the Garda Information Service Centre (GISC) in Castlebar, which is staffed primarily by civilian staff, has access to the PULSE system for recording of incident details phoned in by investigating members and from any location thereby obviating the need for Members themselves to return to a PULSE terminal to record incidents.

Access to email is provided to Garda personnel as required based on operational demands and business needs. Internal email is currently provided to 13,580 Garda staff and external email facilities to 4,835 staff including all Gardaí from the rank of Sergeant upwards. An intranet facility known as the Garda Portal is also available in all networked locations providing rapid up to date communications on various administrative and operational matters.

There are approximately 7000 PC's in operation across the entire Garda organisation (which includes those networked to the GIS). There are also approximately 4,500 printers, which include multi-function units that provide additional administrative capabilities for scanning and photocopying.

Garda authorities also plan to network up to an additional 60 stations by the end of 2010. In addition, a project to provide mobile access to Garda Information Systems is under consideration by Garda management. If implemented this will provide operational Gardaí with mobile access to the various systems available on the GIS network.

In addition to rollout of the Garda Information Systems network and associated email services, Garda authorities advise that the National Digital Radio System (NDRS) has been rolled out to all Divisions in the Dublin Metropolitan Region, Eastern Region, Southern Region and the Louth Division covering 336 Garda Stations. Over 10,000 handsets are now live on the new system which is scheduled to be operational nationwide by the first Quarter of 2011. In the meantime Gardaí in those areas not yet covered by the new system will continue to avail of existing radio systems.

Additional systems and technologies are being implemented in line with An Garda Síochána's ICT Strategy (2005-2010). A new ICT Strategy, which will supersede the current one, will be delivered in 2010 to map out future technologies required to support An Garda Síochána in delivering the business objectives as set out in the business strategy (2010-2012).

Question No. 146 answered with Question No. 21.

Crime Levels

Bernard J. Durkan

Question:

147 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which witness or jury intimidation has been detected in the past two years; and if he will make a statement on the matter. [19759/10]

There is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Síochána of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with.

I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation.

The table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2008 to 9 May, 2010:

Year

Proceedings

2010*

8

2009*

24

2008

17

*Figures for 2009 and 2010 are provisional.

The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaí rigorously enforce these provisions and, of course, will continue to do so. Further legislative action has being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the recent Criminal Justice (Amendment) Act 2009.

Question No. 148 answered with Question No. 145.

Missing Persons

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons currently recorded under the heading of missing persons; the extent to which their cases are being monitored; the degree to which a breakthrough is expected; and if he will make a statement on the matter. [19761/10]

I am informed by the Garda authorities that the following table sets out the numbers of persons reported missing each year since 1975 and who remain untraced up to and including 7 May, 2010:

Year

Missing

Year

Missing

Year

Missing

1975

15

1987

11

1999

15

1976

11

1988

16

2000

15

1977

13

1989

9

2001

60

1978

12

1990

10

2002

76

1979

7

1991

11

2003

61

1980

15

1992

7

2004

55

1981

14

1993

9

2005

41

1982

12

1994

12

2006

57

1983

15

1995

17

2007

60

1984

14

1996

10

2008

48

1985

11

1997

3

2009

89

1986

17

1998

10

2010

102

Statistics provided are operational and liable to change.

I am further informed that all incidents where persons have been reported missing remain under investigation until such time as the person is located. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate.

The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. Incidents relating to persons reported missing are the subject of review on a regular basis by the Missing Persons Bureau.

I am informed that the Garda authorities are satisfied that adequate resources, including staff and technological resources, are in place to deal with missing persons cases and are in line with best international practice.

Crime Levels

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which serious crime figures have fluctuated in each of the past two years and to date in 2010; and if he will make a statement on the matter. [19762/10]

Recorded crime statistics for 2009 published by the Central Statistics Office show a reduction in nine of the 14 crime groups for which statistics are given, compared with 2008. Significant decreases in the numbers of cases of manslaughter and dangerous driving leading to death contributed to a fall in homicide offences of 10.1% during 2009. There were also welcome decreases in public order offences, which were down 7.8% during 2009 and controlled drug offences, which were down 6.3%.

The statistics for the first quarter of 2010, the most recent available, show a decrease in 13 of the 14 crime groups for which statistics are given, compared with the same quarter in 2009. The number of homicide offences decreased by 28% in the quarter. Public order offences decreased by 11% and controlled drug offences by 17.2%. This shows that the Government's policies on tackling crime and the resources made available, along with the outstanding work of the dedicated members of An Garda Síochána, are having a positive effect.

While there is no acceptable level of homicide, the number of cases of murder and manslaughter combined showed no increase between 2008 and 2009 or in the first quarter of 2010. The Gardaí face severe challenges in dealing with gangland murders. It was partly against that background that last year I introduced two groundbreaking pieces of legislation: the Criminal Justice (Surveillance) Act and the Criminal Justice (Amendment) Act. Since the legislation was enacted, the Gardaí have been utilising it fully to build up cases against those involved in gangland crime. I am pleased to see that charges are being brought under the legislation. In addition, there are files with the Director of Public Prosecutions, and more are being prepared for submission to him.

While there was a worrying increase of 2.2% in property theft shown in the 2009 figures, the statistics for the first quarter of 2010 show welcome reductions of 2.8% in burglary and related offences and 2.9% in theft and related offences, although there was an increase of 24.3% in robbery, extortion and hijacking offences (which make up 3% of such property offences). Both the Commissioner and I have been concerned at the level of property crime and one of the policing priorities which I set for An Garda Síochána in 2010 is achieving maximum levels of safety for local communities. An Garda Síochána will continue to develop and implement strategies to target those committing such crimes, which are often carried out against vulnerable members of the community.

The Criminal Procedure Bill 2009, currently before the House, gives effect to the measures contained in the Justice for Victims Initiative. The Bill proposes to end the ban on retrying persons who have been acquitted in specified circumstances and provides for reform of the law on victim impact statements.

I have recently introduced the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, which will see the establishment, for the first time, of a national DNA database in Ireland. This represents a major step forward in the fight against serious crime. It will give the Gardaí access to intelligence on a scale and of a quality that has never before been available in this country.

The budgetary allocation for An Garda Síochána in 2010, set against a difficult economic backdrop, amounts to €1.5 billion and gives me the scope to continue to prioritise resources in dealing with crime. Despite the increased Garda retirements in 2009, the force numbered just over 14,500 members at the end of 2009, compared with 14,412 at the end of 2008 and 13,755 at the end of 2007. I have received sanction for a significant number of promotions in An Garda Síochána, notwithstanding the current moratorium on promotions in the public service. I welcome the publication of a Garda Inspectorate report on resource allocation in An Garda Síochána and recommendations which aim to improve the service to the public and the working conditions of frontline Gardaí. The Commissioner is preparing to implement a range of improvements to resource allocation systems.

Prison Accommodation

Bernard J. Durkan

Question:

151 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent of prison cell overcrowding at present; and if he will make a statement on the matter. [19763/10]

On 10 May, 2010 there were 4,214 persons in custody compared to a bed capacity of 4,066.

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. Overcrowding in prisons is an international problem and is not unique to Ireland. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% of a rise in the number in custody.

The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison facility will provide approximately 1,400 cells and will have operational flexibility to accommodate up to 2,200 in a range of security settings.

The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September.

Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

Bernard J. Durkan

Question:

152 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prison places lost through the closure of Spike Island, County Cork and the Curragh Prison, County Kildare; the degree to which it is intended to compensate for such closures; and if he will make a statement on the matter. [19764/10]

The provision of 1,720 new prison places since 1997 has more then compensated for closed locations which for operational and financial reasons were no longer viable as prisons. The capacity of Spike Island and the Curragh fluctuated over the years and any potential loss in capacity has been more than offset by the bringing into operation of previously unused prison spaces and improvements to the prison estate. In particular, the opening of a new wing in Limerick Prison fully offset the loss of Fort Mitchel and the lost capacity in the case of the Curragh Place of Detention was completely offset by the bringing into operation of previously unopened spaces in the Midlands Prison.

Shanganagh Castle was sold and the money received covered in full the cost of the site at Thornton Hall. The Curragh Prison has been returned to the Department of Defence. It was in a very run down condition and the redevelopment of the prison did not make economic or operational sense. Spike Island also had a number of operational deficiencies, the single biggest one being that it was an island requiring the services of a ferry. A further difficulty was that virtually all its cellular accommodation consisted of low ceiling five person cells unsuitable for holding its inmate cohort mostly young males under 21 years of age.

The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House.

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, it is envisaged to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will have approximately 1,400 cells on a 130 acre site. The new prison facility will have operational flexibility to accommodate up to 2,200 in a range of security settings.

The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September.

Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

Criminal Prosecutions

Bernard J. Durkan

Question:

153 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his plans to extradite criminals currently living on the proceeds of crime outside this jurisdiction; and if he will make a statement on the matter. [19765/10]

As Minister for Justice, Equality and Law Reform, I have no function in relation to the application for the issue of a European Arrest Warrant. This is a matter for the Garda authorities in consultation with the Director of Public Prosecutions. Under the European Arrest Warrant Act 2003, as amended, a court may, upon application made by or on behalf of the DPP, issue a European Arrest Warrant subject to the provisions of the Act.

In relation to a person outside the EU, a request for extradition can only arise where the Director of Public Prosecutions has decided that an individual should be prosecuted in the first instance. The decision to seek the extradition of a person charged with a criminal offence in this State rests with the Director.

Crime Levels

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of guns or other lethal weapons seized in each of the past 12 months to date in 2010; if evidence exists that the weapons were used in the course of crime; and if he will make a statement on the matter. [19766/10]

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

Bernard J. Durkan

Question:

155 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of successful convictions against organised criminal gang members in each of the past three years and to date in 2010; and the number acquitted; and if he will make a statement on the matter. [19767/10]

Bernard J. Durkan

Question:

159 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of known criminal gang members or leaders apprehended, charged, convicted or acquitted in each of the past three years and to date in 2010; and if he will make a statement on the matter. [19771/10]

I propose to take Questions Nos. 155 and 159 together.

I have been informed by the Garda authorities that there are two categories of organised crime groups operating within this jurisdiction. The first category consists of individuals / groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures, and criminal activities which are mainly confined to Ireland.

Membership of organised crime gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs. The identification of offenders as members of a criminal gang is generally not an essential criterion in the prosecution of offences. It is not therefore possible to ascertain the precise number of criminals who are members of criminal gangs operating in this country. Nor is it possible to provide statistics of the kind sought by the Deputy.

As the Deputy is aware, the Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the legislation is to make additional measures available to An Garda Síochána to combat organised crime. The Act introduced an amended offence relating to participation or involvement in organised crime with a penalty of up to 15 years imprisonment. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. I am advised by An Garda Síochána that as a result of investigations focussing on organised crime a number of Garda investigation files have been submitted to the Director of Public Prosecutions for direction. I can also inform the Deputy that four persons have appeared before the Courts this week charged with offences under the legislation relating to participation in organised crime activity. Senior management within An Garda Síochána continue to monitor developments as they occur to ensure that the resources at their disposal are deployed in the most effective manner so as to combat criminality.

Question No. 156 answered with Question No. 38.

Drugs in Prisons

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which illegal drug operations continue to be conducted by persons serving sentences in prison; and if he will make a statement on the matter. [19769/10]

A major challenge facing all prisons is the need to prevent contraband entering the prison. This contraband including mobile phones, weapons and drugs are valuable commodities which can assist in illegal activity.

There are prisoners who will attempt to use whatever means possible to continue criminal activity while in prison custody. The only way to absolutely guarantee that this could not take place would be to run a prison regime where prisoners are completely isolated from others and are prevented from having any contact with other prisoners, staff or members of the outside community. Such a regime would be unacceptable by European and international human rights standards.

In June 2007 the Government approved the resources necessary to introduce a package of new security measures targeting the routes whereby contraband such as drugs, weapons and mobile phones were trafficked into our prisons. The roll out of the various elements commenced in May 2008 with the establishment of the Operational Support Group which included: the introduction of enhanced security screening for all persons (visitors and staff) entering our prisons; the establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams; the establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons; the Body Orifice Security Scanner (BOSS) chair was introduced by the Irish Prison Service in early 2008 and to date eight chairs have been installed.

The Irish Prison Service continues to test technology for the inhibition of mobile phone signals within prisons. Trials were undertaken in Mountjoy, Limerick and Portlaoise Prisons with varying degrees of success. Evaluation is still ongoing and while the ever changing mobile phone technology presents a real challenge, the IPS remains committed to finding a solution to the illicit use of mobile phones across the prison estate.

A wide range of additional security measures have also been introduced or enhanced during the period in question including: tighter control and monitoring of prisoner visits in all closed prisons; new visiting arrangements in all prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit; greater vigilance in examining mail by prison censors and searching of other items entering the prison; increased random searching of cells and their occupants; stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence; use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities; installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and use of phone detectors and phased installation of telephone blocking technology.

In addition, a high security unit was opened in Cloverhill Prison in May 2007 which enables the segregation of serious drug and criminal gang members from other prisoners, thus preventing them from conducting their illegal activities while in custody and exerting inappropriate influence over other persons. The A Block in Portlaoise is also used for a similar purpose for sentenced prisoners. There is regular contact between the Irish Prison Service and An Garda Síochána to discuss security issues and the Gardaí will be contacted whenever any suspected criminal offence has taken place.

The measures introduced have had considerable success in preventing the flow of and assisting in the capture of contraband. I am determined to support the Director General of the Irish Prison Service in taking whatever practical measures are possible to thwart illegal activity. There will be no easing off in relation to the security measures already in place and enhancements and improvements will continue to take place in future to meet the challenges posed across our prisons.

Garda Investigations

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if the file has been closed in respect of the Brinks Allied cash in transit robbery 1994-1995 at Clonshaugh, Dublin; the extent of recovery of moneys stolen; and if he will make a statement on the matter. [19770/10]

The information sought by the Deputy has been requested from the Garda Síochána and a reply will be forwarded to him as soon as it is available.

Question No. 159 answered with Question No. 155.

Departmental Staff

Niall Collins

Question:

160 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19834/10]

The current salary level of Civil Service grades are as set out in Department of Finance Circular 28/2009. The Secretary General of my Department is on a salary of €215,590. The current rate of pay for the Garda Commissioner is €197,325 per annum. The Commissioner is a member of the Garda Síochána superannuation scheme. My total salary, both Ministerial and TD, is €191,417 per annum.

I refer the Deputy to Parliamentary Question No. 273 of Tuesday, 30 March 2010, which gives comprehensive details of the remuneration package of CEOs or equivalent in Agencies under the aegis of my Department. All of the salary scales listed have been reduced with effect from 1 January 2010 in line with the provisions of the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009.

Court Procedures

Brian O'Shea

Question:

161 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the action he proposes to take arising from a recent Supreme Court decision (details supplied); and if he will make a statement on the matter. [19852/10]

The Deputy will appreciate that the effect of the recent judgment of the Supreme Court is that the State does not have a constitutional obligation to make available a simultaneous translation into Irish of all Rules of Court. However, it is obliged to make such Rules available in Irish as soon as practicable after their publication in English. My Department has already made substantial progress with translation of Rules of Court. It published an Irish translation of the 1,200 page District Court Rules, 1997, in December 2004. It has also published an Irish translation of approximately 30 amendments to those Rules. These translations are available on the Courts Service website, www.courts.ie.

Earlier this year my Department published an Irish translation of the Circuit Court Rules, 2001. It has also translated all but a couple of the amendments made to those Rules up to early 2009. The translation of both the Rules and 4 of those amendments have been provided to the Courts Service for publication on its website and the translation of the remaining amendments will be published in succession over the coming weeks.

My Department has also translated the Rules of the Superior Courts, 1986, and is preparing these Rules for publication. It also commenced translating amendments to these Rules earlier this year and the first of those translations will be published shortly. When published, my Department will have published an Irish translation of all the main bodies of Rules of Court.

Visa Applications

Paul Kehoe

Question:

162 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position regarding visa applications in respect of persons (details supplied); when a decision will be issued; and if he will make a statement on the matter. [19856/10]

I can confirm that the applications in question were made through my Department's on-line visa system on 16/3/2010 and that documentation relating to these applications was subsequently received by the Honorary Consul for Ireland in Nairobi, Kenya. The applications are receiving attention and a decision will be made in due course.

Garda Recruitment

Paul Kehoe

Question:

163 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform when applications will be accepted for new recruits to An Garda Síochána; and if he will make a statement on the matter. [19857/10]

The Garda Commissioner is closely monitoring the levels of Garda strength around the country, taking into account the level of retirements and recent attestations of students. I will continue to consult with my colleague the Minister for Finance on when a resumption of Garda recruitment will be necessary so as to keep Garda numbers up to approved levels. In all this, my priority is to maintain Garda operational strength.

A necessary first step will be a competition to establish a panel of approved candidates and, as I recently indicated, I believe that this should take place later this year.

Citizenship Applications

Bernard J. Durkan

Question:

164 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [19859/10]

I refer the Deputy to my reply to Parliamentary Question 192 on 29 April, 2010. The position remains as stated.

Bernard J. Durkan

Question:

165 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [19860/10]

A valid 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. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. 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. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. 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 it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Refugee Status

Bernard J. Durkan

Question:

166 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason for the decision to revoke refugee status in respect of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19861/10]

The reason for the decision to revoke refugee status is that the person in question received a number of convictions, including a custodial sentence of 7 years under the Misuse of Drugs Act 1984.

The reason was set out in the proposal to revoke refugee status letter which was issued to the person in question on 16 October 2009.

Citizenship Applications

Bernard J. Durkan

Question:

167 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19862/10]

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

Residency Permits

Bernard J. Durkan

Question:

168 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain will be offered to a person (details supplied) in County Louth; and if he will make a statement on the matter. [19863/10]

The person concerned was, as an exceptional measure, granted temporary permission to remain in the State for a six month period to 10 December 2009. This decision was conveyed to the person concerned by letter dated 10 June 2009. This permission was, by letter dated 16 December 2009, renewed for a further three month period, to 10 March 2010. The person concerned is, as is any other person in such circumstances, required to apply in writing for the renewal of this permission one month in advance of its expiry date.

As the person concerned did not apply for the renewal of this permission within the specified time frame, he was reminded of the requirement that he do so by letter dated 27 April 2010. As my Department's records show no evidence of such a renewal application having been received to date, it is recommended that the person concerned should do so without further delay.

Citizenship Applications

Bernard J. Durkan

Question:

169 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason for refusal of citizenship in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [19864/10]

A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in October 2007 and I decided in my absolute discretion not to grant a certificate of naturalisation. The person in question was informed of this decision and the reasons for refusal in a letter issued to him on 1 April, 2010.

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 anytime however, he should bear in mind the reasons for refusal of his previous application.

Residency Permits

Bernard J. Durkan

Question:

170 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19865/10]

Representations were received on 22 June 2009 from the legal representative of the person concerned asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and his legal representative were advised of this decision by letter dated 15 July 2009.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Bernard J. Durkan

Question:

171 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19866/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for a change of status in July 2009.

A decision in this case issued to the applicant on 7th April 2010 and a copy of the consideration detailing the reasons for the decision was also provided.

Bernard J. Durkan

Question:

172 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19867/10]

I am informed by my officials that no application for Long Term Residency from the person referred to by the Deputy has been received in my Department.

Bernard J. Durkan

Question:

173 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19868/10]

I am informed by my officials that the person referred to by the Deputy was granted Long Term Residency on the 17th of July 2006.

Asylum Applications

Bernard J. Durkan

Question:

174 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [19869/10]

The person concerned applied for asylum on 11 August 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. 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.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 19 May 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits

Bernard J. Durkan

Question:

175 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19870/10]

As the name and reference number submitted by the Deputy do not correlate and no other application can be found in this person's name, I regret that it is not possible to provide a response to the Deputy's Question. If the Deputy wishes to re-submit his Question with the correct details included, I would be happy to provide a response.

Garda Investigations

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason a driver’s licence has not been returned to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19872/10]

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

Citizenship Applications

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19873/10]

I refer the Deputy to my answer to his previous Parliamentary Question No. 128 put down for answer on 22nd April 2010.

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in May 2007.

A decision in this case issued to the applicant on 19th January 2010 and a copy of the consideration detailing the reasons for the decision was also provided.

Prisoner Complaints Procedures

Alan Shatter

Question:

178 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if he will investigate the circumstances surrounding the arrest of a person (details supplied) who, it is alleged, suffered injuries during their arrest on 18 April 2010; if he will ensure that this person is not deported from the State until such investigation is completed; and if he will make a statement on the matter. [19882/10]

I have sought a report on the matter from the relevant officials in the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Garda Operations

Leo Varadkar

Question:

179 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if consideration has been given to requiring the Garda to give a reference number or complaint number to members of the public who call the gardaí to report a possible crime or disturbance; and if he will make a statement on the matter. [19886/10]

I am informed by the Garda authorities that, where a crime has occurred, a record of the crime is created on the Garda PULSE system, which produces a unique reference number for that crime. Where appropriate, this unique reference number can be made available to relevant parties.

With certain categories of crime, PULSE automatically generates a letter which is forwarded to the victim or victims. This letter includes the crime reference number and details of the investigating Garda and can be used as proof of reporting, if required.

Departmental Staff

Niall Collins

Question:

180 Deputy Niall Collins asked the Minister for Foreign Affairs his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19832/10]

As of 1 January 2010, the salary paid to me by the Department of Foreign Affairs is €98,745.00. This figure does not include the salary paid to me by the Houses of the Oireachtas.

The accompanying table sets out the number and grades of staff in my Department whose salary scales are comparable to, or at a higher level than, my own.

Grade

Salary Scale

Number of officers

Secretary General

€215,590 (non-PPC)

1

Second Secretary General

€188,640 (non-PPC)

2

Deputy Secretary

€168,000 (non-PPC)

5

Assistant Secretary/Legal Adviser

€127,796 – €146,191 (non-PPC)

41

Principal Development Specialist

€92,672 – €105,356 (non-PPC)

4

€97,417 – €110,770 (PPC)

Counsellor Higher Scale/Principal Officer

€85,957 – €105,429 (non-PPC)

24

Higher Scale/Professional Officer Grade III

€90,355 – €110,844 (PPC)

Counsellor/Principal Officer/Deputy Legal Adviser

€80,051 – €98,424 (non-PPC)

56

€84,132 – €103,472 (PPC)

Personal Pension Contribution (PPC) scales apply where officers were employed since 6 April 1995, pay the class A rate of PRSI and make a personal pension contribution. The figures given are effective 1 January 2010.

There are no State Agencies under the aegis of the Department of Foreign Affairs.

Niall Collins

Question:

181 Deputy Niall Collins asked the Minister for Tourism, Culture and Sport her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19837/10]

The table below sets out the cost of my combined T.D and Ministerial salary.

T.D

92,672

Ministerial

98,745

Total

191,417

The salaries payable to the staff in my Department are set out in Department of Finance Circular 28/2009 which is available on the Department of Finance website. There is no member of staff in the Department on a salary equal to or higher than my combined salary.

In regard to the remuneration packages of Chief Executive Officers/Directors of the agencies under the aegis of my Department I refer the Deputy to question number 13630/10 dated 30 March 2010. As the Deputy will be aware Horse Racing Ireland and Bord na gCon, both of which are listed in the reply, are no longer under the aegis of the Department.

Rail Network

Pat Breen

Question:

182 Deputy Pat Breen asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 630 of 20 April 2010 when he expects a decision to issue in respect of funding for a project (details supplied) in County Clare; and if he will make a statement on the matter. [19810/10]

Officials of my Department have been in contact with the company referred to by the Deputy regarding the proposal submitted in this case and are awaiting further information.

I am not in a position at this time to advise when a decision will be made regarding the possibility of any funding for this proposal being provided from my Department. As I have indicated previously, consideration of this project can only take place in the context of the resources available to my Department this year and in future years.

I should also re-iterate the fact that I do not have primary responsibility, as Minister, for the provision of facilities of the nature referred to.

Departmental Staff

Niall Collins

Question:

183 Deputy Niall Collins asked the Minister for Community, Rural and Gaeltacht Affairs his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19826/10]

The table below sets out the cost of my combined Ministerial and T.D. salaries, as well as the cost of the salary of the Secretary General of my Department, who is the only member of staff on a comparable or higher salary. In relation to the State agencies funded from my Department's Vote Group, I understand that there are no cases where a comparable or higher remuneration package is payable.

Salary

Effective from

Minister

191,417

1 January 2010

Secretary General

188,640

1 January 1010

Medical Aids and Appliances

Bernard Allen

Question:

184 Deputy Bernard Allen asked the Minister for Social Protection the reason a person (details supplied) in County Cork has been refused a medical appliance on the grounds of insufficient contributions. [19703/10]

The Treatment Benefit scheme, which includes Medical Appliance Benefit, is a PRSI-based scheme for which customers may qualify once they have paid a certain number of reckonable PRSI contributions. Only PRSI at classes A, E, H, and P is reckonable. As the person concerned is aged over 66, the Regulations require him to have paid, or been credited with, at least 39 PRSI contributions at class A, E, H, or P, in any of the following years: 1990/91, 1991/92 (the two tax years before age 66 years or 1984/85, 1985/86 (the two tax years before turning 60 years).

However, according to this Department's records, he has paid class D PRSI since 1979. Class D contributions do not count towards qualification for Treatment Benefit, and therefore, based on the qualifying conditions, he does not qualify. He may previously have qualified for benefit at some point, but eligibility is established anew each year (up to age 66), depending on the previous year's PRSI class. Qualifying conditions differ from scheme to scheme, so it is possible to qualify for the State Contributory Pension while not qualifying for Treatment Benefit.

Social Welfare Benefits

Terence Flanagan

Question:

185 Deputy Terence Flanagan asked the Minister for Social Protection if he will support the case of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [19727/10]

Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Pension Provisions

John McGuinness

Question:

186 Deputy John McGuinness asked the Minister for Social Protection the progress arising from a meeting held on the 5 May 2010 between his Department officials and retired coal miners; if his Department will be appointed to progress their claim to determine if there will be a Government response; and if he will make a statement on the matter. [19752/10]

The issues raised by the National Coalminers Group in the course of the meeting held on the 5th May are currently being considered. I will be pleased to advise the Deputy once that consideration has been finalised.

Social Welfare Benefits

Bernard J. Durkan

Question:

187 Deputy Bernard J. Durkan asked the Minister for Social Protection when supplementary welfare allowance will be reinstated in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19777/10]

Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Question No. 188 withdrawn.

Social Welfare Appeals

Michael Ring

Question:

189 Deputy Michael Ring asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Mayo. [19780/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Noel Ahern

Question:

190 Deputy Noel Ahern asked the Minister for Social Protection the position regarding the case of a person (details supplied) in Dublin 9; if their case will be appealed with new medical data provided; if payment is continuing; and if he will make a statement on the matter. [19782/10]

Payment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. Additional medical evidence provided did not alter the opinion of the Medical Assessor.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Willie Penrose

Question:

191 Deputy Willie Penrose asked the Minister for Social Protection if he will expedite a social welfare appeal hearing in respect of a person (details supplied) in County Westmeath regarding a refusal of their application for carers allowance as this appeal was submitted on the 9 July 2009; and if he will make a statement on the matter. [19787/10]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be informed when arrangements have been made.

There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There has been an increase of a further 46% in the number of appeals received in the first quarter of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Jack Wall

Question:

192 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against the decision to refuse an exceptional needs payment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19823/10]

Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Departmental Staff

Niall Collins

Question:

193 Deputy Niall Collins asked the Minister for Social Protection his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19835/10]

The following tabular statement lists the staff, in the Department, that receive a salary that is the same or higher than my salary. None of the office holders, in agencies under the aegis of the Department, receive remuneration that is the same or higher than my salary.

Position

Salary

Minister

191,417

Secretary General

215,590

Money Advice and Budgeting Service

Charlie O'Connor

Question:

194 Deputy Charlie O’Connor asked the Minister for Social Protection if additional funding will be provided to the Money Advice and Budgeting Service in Tallaght, Dublin 24 to deal with the extra pressure on MABS; the services that are available; and if he will make a statement on the matter. [19851/10]

Members of the public can get money advice, assistance and support from MABS through three channels:

The MABS National Telephone Helpline — LoCall 1890 283438, available from 9am to 8pm Monday to Friday;

The MABS website www.mabs.ie provides online money management and budgeting advice through the MABS self-help guide and can be accessed 24 hours a day;

Local personal services are available at over 65 locations throughout the country providing a face-to-face service for people, by appointment.

The Helpline handles straight-forward cases. Over 90% of callers to the Helpline find that their money management and budgeting issues can be resolved with the assistance of the helpline advisor.

In response to the increased demand for the Money Advice and Budgeting Service (MABS) in Tallaght, additional funding was approved in 2009 for the recruitment of an extra full-time money advisor. This additional post is in place since 2nd November 2009.

I am satisfied that the additional resources provided to Tallaght will assist them to meet the demand for their services.

Social Welfare Code

Frank Feighan

Question:

195 Deputy Frank Feighan asked the Minister for Social Protection if he will review an anomaly affecting the self-employed (details supplied). [19876/10]

The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A.

Self-employed workers are not insured against short-term benefits such as illness and jobseeker's payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short-term payments and the annualised system of contributions that these same persons enjoy. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems. In this regard I understand that there is no compulsory unemployment insurance for the self-employed in Germany.

There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution.

Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments such as Jobseeker's Allowance. They can apply for the means-tested Jobseeker's Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy.

Reserve Defence Force

Ciaran Lynch

Question:

196 Deputy Ciarán Lynch asked the Minister for Defence the number of Reserve Defence Force who completed annual training in 2009; the number of same that were paid a gratuity; the expenditure on the Reserve Defence Forces for 2009 compared to the budget provision; and if he will make a statement on the matter. [19739/10]

The Defence Vote provides for Reserve Defence Force (RDF) training, gratuities, allowances and also provides for grants paid into unit funds. The expenditure outturn for 2009 was €6,651,000 out of a budget provision of €8,900,000.

Training in the Reserve is voluntary and comprised of both paid and unpaid training. In 2009, 3,565 members of the Reserve choose to avail of paid mandays. Gratuities are also paid to reservists who complete specified periods of paid and unpaid service. In 2009, 2,431 members of the Reserve met the required criteria and were paid a gratuity.

The 2010 provision for Subhead D is €4.7 million. Within this provision, the number of paid training days available to members of the Reserve in 2010 is approximately 31,000 days. In light of this reduced paid training day provision, it is anticipated that there will be an increased emphasis on voluntary unpaid training. Accordingly, the allocation of paid training to individual reservists will take account of voluntary unpaid training undertaken. The aim is to ensure that reservists who complete specified voluntary unpaid training will be afforded the opportunity to avail of a minimum of 7 days paid training.

The Reserve Defence Force Review Implementation Plan, which was developed following broad stakeholder consultation, has provided the framework for the development of the Reserve over recent years. There is now a requirement to examine the progress that has been made and to chart the future direction of the Reserve. Work has commenced on a Value for Money Review of the Reserve and the findings of this Review, together with the lessons learned from the Implementation Plan to date, will inform future plans for the Reserve.

Departmental Staff

Niall Collins

Question:

197 Deputy Niall Collins asked the Minister for Defence his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19827/10]

My salary costs are as follows:

Salary Costs

Ministerial Salary

98,745

T.D’s Salary

92,672

Total

191,417

In relation to transport, I have the use of a ministerial car that is driven by members of An Garda Siochána. The costs in relation to the operation of this car are not borne by the Department.

The Secretary General of my Department is paid a salary of €188, 640 and the Chief of Staff is paid a salary of €179,658. The Chief of Staff is provided with an official car and military driver for official duty purposes.

No other staff in the Department, the Permanent Defence Forces or the State agencies under the aegis of the Department are in receipt of a comparable or higher remuneration package.

Fisheries Protection

Joe McHugh

Question:

198 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government his views on fishermen’s concerns that seals are damaging fish stocks in Area 6A; his further views on the Conservation of Seals (Scotland) Order 2007; the implications for Irish fish stocks of the presence of 350,000 seals off the Scottish coast; and if he will make a statement on the matter. [19712/10]

Both Irish species of seal, the grey and harbour (or common) seal, are protected under the Wildlife Acts and the EU Habitats Directive. Under Section 42 of the Wildlife Act, 1976 (as amended) if seals are found to be causing serious damage to other fauna, to a fishery or to aquaculture installations they may be scared, captured or killed on receipt of a permit issued by the National Parks and Wildlife Service of my Department.

Issues in relation to fish stocks are more appropriately addressed to the Minister for Agriculture, Fisheries and Food.

While the Conservation of Seals (Scotland) Order 2007 is a matter for the Scottish authorities, I understand that it is concerned with the harbour seal and according to the UK Government's Special Committee on Seals report in 2009, major declines have now been documented in that species around Scotland, with declines of up to 50% since 2000 in Orkney, Shetland, the Moray Firth and the Firth of Tay.

Local Authority Charges

Ciaran Lynch

Question:

199 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of non-residents per local authority area who made payments under the non-principal private residence legislation; and if he will make a statement on the matter. [19736/10]

The latest information available to me in relation to the payment off the non-principal private residence charge by non-residents is as at 3 March 2010 in relation to liability for 2009. That information is set out in a table.

Non-Principal Private Residence Charge 2009

Non-Resident Owners as at 3 March 2010

Total No. of NPPRs

Non-Resident Owners

Carlow County Council

3,042

65

Cavan County Council

3,864

237

Clare County Council

9,194

337

Cork City Council

11,818

186

Cork County Council

25,550

1203

Donegal County Council

13,574

4670

Dublin City Council

55,663

1213

Dún Laoghaire-Rathdown County Council

13,741

548

Fingal County Council

14,780

390

Galway City Council

10,618

171

Galway County Council

9,327

490

Kerry County Council

13,916

862

Kildare County Council

9,377

142

Kilkenny County Council

4,152

95

Laois County Council

3,000

53

Leitrim County Council

2,795

207

Limerick City Council

5,999

62

Limerick County Council

6,597

172

Longford County Council

2,598

72

Louth County Council

5,336

236

Mayo County Council

9,753

794

Meath County Council

6,481

191

Monaghan County Council

2,151

111

North Tipperary County Council

3,379

84

Offaly County Council

2,923

49

Roscommon County Council

3,886

168

Sligo County Council

5,330

343

South Dublin County Council

10,995

259

South Tipperary County Council

4,391

123

Waterford City Council

4,420

44

Waterford County Council

4,091

150

Westmeath County Council

5,296

90

Wexford County Council

11,970

247

Wicklow County Council

6,783

241

Grand Total

306,790

14,305

Grant Payments

Jimmy Deenihan

Question:

200 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government when an outstanding hen harrier payment will be awarded in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [19753/10]

My Department is awaiting receipt of confirmation from the applicant's farm planner of compliance by the applicant with the provisions of the farm plan. Payment can be made when this confirmation is received.

Departmental Staff

Niall Collins

Question:

201 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19830/10]

My salary costs amount to €207,677, consisting of a Ministerial salary of €115,005, paid by my Department, and a Deputy's salary of €92,672, paid by the Houses of the Oireachtas.

The Secretary General, whose salary is €215,590, is the only member of staff in my Department on a comparable or higher salary.

The Chairperson of An Bord Pleanála, with a salary of €206,616 at 1 January 2010, is the only staff member of an agency under the aegis of my Department with a salary comparable to or higher than mine.

Tax Collection

Paul Kehoe

Question:

202 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the reasons for changing the month in which the non-principal private residence tax falls due from October to July; the amount of extra revenue this change generates; and if he will make a statement on the matter. [19844/10]

The €200 non-principal private residence charge was introduced in the Local Government (Charges) Act 2009, which came into force in July 2009. As an exceptional measure for the year of introduction, the liability date for the charge was fixed at 31 July 2009. The Act provides that the liability date for 2010 and future years is 31 March.

Payment does not fall due until two months after the liability date and there is a further one month's grace period before penalties for late payment commence. A person liable for the charge in 2010 thus has until 30 June 2010 to meet that liability without incurring any additional charge. As of 12 May 2010, this charge has generated revenue of some € 62.8 million in respect of its first year of operation i.e. 2009.

Fire Stations

Michael Creed

Question:

203 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the situation regarding proposals for a new fire station at a location (details supplied) in County Cork; if he will accept proposals to either lease existing buildings which have been modified for this purpose or design, build and lease options; and if he will make a statement on the matter. [19846/10]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. The Department's role is one of supporting and assisting local authorities in delivering fire services through the provision of funding under the fire service capital programme and through setting of general policy.

No proposals have been received by my Department from Cork County Council to lease existing buildings for use as a fire station in Macroom. Further investment in the fire service in Cork County Council will be considered under future capital programmes having regard to the existing facilities, the level of activity, the proximity of other fire stations, the fire authority's priorities and the totality of demands of other fire authorities on the limited funds available under the fire services capital programme.

Planning Issues

Paul Kehoe

Question:

204 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government if a person whose family home has been purchased under a compulsory purchase order and who then applies for planning permission for a new family home, will be refused said permission on the grounds that they are not originally from the area; and if he will make a statement on the matter. [19858/10]

The setting of local need criteria for rural dwellings is a reserved function of the elected members of an area within the statutory development plan process. The 2005 Guidelines for Planning Authorities on Sustainable Rural Housing provide that reasonable proposals on suitable sites for persons who are part of, and contribute to, the rural community should be accommodated, subject to the need for proper consideration of matters such as adequate wastewater disposal, road safety and design standards.

The Guidelines use illustrative examples to demonstrate that people who fall into the category of having local roots or links would include people who have spent much of their lives in rural areas and are building their first homes, farmers and their families, returning emigrants, people involved in forestry, inland waterway and marine related occupations, teachers in rural schools and other people whose work is predominantly in rural areas. This list is not intended to be exhaustive; planning authorities are asked to carry out their own assessment of the rural housing needs for their areas, taking account of local conditions and planning issues as appropriate. It should also be noted that, under section 30 of the Planning and Development Act 2000, the Minister for the Environment, Heritage and Local Government cannot exercise any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

Tax Code

Paul Kehoe

Question:

205 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government when he will issue a full response to a query regarding a non-principal private residence tax (details supplied); and if he will make a statement on the matter. [19875/10]

A reply to the correspondence to which the Question refers was issued by my office on 11 May.

Energy Conservation

Frank Feighan

Question:

206 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position regarding the mureas insulation scheme in County Roscommon; the number of applications received to date; the number of insulation jobs that have been completed; the length of waiting lists for applicants. [19878/10]

To date in 2010, the Warmer Homes Scheme (WHS) has been delivered to 4,096 homes nationally of which 151 homes have been in County Roscommon. Twenty of these have been completed by Mureas with an additional 131 having been delivered by Roscommon Integrated Development Company which also provides coverage of the WHS in County Roscommon. Both organisations are supported by private contractors where necessary. Waiting time for the delivery of the scheme by Mureas is about 3 months at present but I can report that the organisation is making good progress in reducing that time.

More generally the Deputy may wish to note that a dedicated hot line — 1800 250 204 — has been in operation for some time and all queries, from scheme applicants and public representatives, on delivery dates for individual households and/or funding agreements are dealt with immediately. In addition, the WHS programme manager, Mr. Michael Martin of the Sustainable Energy Authority of Ireland, is available to deal with queries on 042 939 1548. The availability of both points of contact ensures that there is no delay in dealing with specific queries related to the delivery of the WHS.

Simon Coveney

Question:

207 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if he will list each building energy efficiency scheme in operation for 2010; the amount of Exchequer funding allocated to each scheme in 2010; the amount paid out in each scheme for 2010 to date; and if he will make a statement on the matter. [19710/10]

The following table sets out the capital allocation and expenditure to date for the Home Energy Savings Scheme (HES), the Warmer Homes Scheme (WHS) and the Energy Efficiency Retrofit Fund (EERF) for Public and Business Sector. The table does not include the current costs associated with the administration of these programmes.

Programme/Project

2010 Capital Budget

Amount paid out in 2010 to date

€ million

Home Energy Saving (HES) Scheme

43.6

13.3

Warmer Homes Scheme (WHS)

29.9

3.8

Energy Efficiency Retrofit Fund (EERF) for Public and Business Sector

7.0

Funding will be drawn down in late 2010

I am confident that for 2010 as a whole, there will be a strong drawdown of allocations under the above schemes.

A further €40 million has been allocated by the Minister for the Environment, Heritage and Local Government to improving the energy efficiency of social housing across the country. This unprecedented level of funding in 2010 will support energy efficiency improvements in over 60,000 homes and buildings, support 5,000 jobs and create energy efficiency savings worth a total of €400 million over their lifetime.

Telecommunications Services

Michael Kennedy

Question:

208 Deputy Michael Kennedy asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the need for Eircom to provide an upgrade in the phone exchange in Rush, County Dublin; if he will relay new cabling in the surrounding areas, particularly in Lusk, County Dublin, in order to provide an improved broadband service in these areas; and if he will make a statement on the matter. [19738/10]

The issues of the upgrading of exchanges and the deployment of cabling raised by the Deputy are commercial and operational matters for Eircom and I am therefore not in a position to intervene in this case.

Compensation Schemes

John McGuinness

Question:

209 Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources the progress arising from a meeting held on the 5 May 2010 between officials from his Department and retired coal miners; if his Department will be appointed to progress their claim to determine if there will be a Government response; and if he will make a statement on the matter. [19751/10]

I have, on a number of previous occasions, explained that I have no statutory function in relation to provision of compensation to people who consider their health has suffered as a consequence of working in mines. Any question of compensation to former miners, or any other type of employees, who suffer health problems as a consequence of working conditions in the past, is primarily a matter between them and their employers. The functions of the mines inspectorate, which relate to working conditions of miners, are carried out by the Health and Safety Authority. Responsibility for this area was identified under the Mines and Quarries Act 1965 as residing with the Minister for Industry and Commerce, which has now devolved to the Minister for Enterprise, Trade and Innovation.

A number of Ministers agreed to a request on behalf of the former coal miners that officials from their Departments would meet with their representatives on 5 May to hear their concerns again. Following on from that meeting, the officials concerned are reporting back to their respective Ministers for consideration of the matters raised.

Electricity Generation

James Reilly

Question:

210 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources the total consumption of electricity in 2007, 2008 and 2009; and if he will make a statement on the matter. [19779/10]

EirGrid, plc is the Irish transmission system operator and has a statutory responsibility for forecasting and reporting on supply and demand in the Irish electricity system. EirGrid has provided the following data in relation to the total consumption of electricity in Ireland:

Year

2007

28,336.4 GWh

(based on 52 weeks)

2008

29,357.1 GWh

(based on 53 weeks)

2009

27,319.3 GWh

(based on 52 weeks)

These figures are given as Giga Watt Hours.

EirGrid also publishes an annual Generation Adequacy Report, which sets out estimates of the demand for electricity in the following 7-year period, the likely production capacity that will be in place to meet this demand, and assesses the consequences in terms of the overall supply/demand balance. In its most recent Generation Adequacy Report for the period 2010 to 2016, EirGrid highlighted that the change in the economic climate since 2008 has been reflected in a reduction in electricity demand. It also noted that this reduction in demand, coupled with the connection of new generation, improved generator availability, and increased interconnection, means that there is adequate capacity to meet demand in accordance with system standards over the next seven years.

Telecommunications Services

Paul Connaughton

Question:

211 Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources the reason broadband service provided to a person (details supplied) in County Galway is of such inferior quality; if he will give consideration to the provision of a repeater box for a number of customers in this area who just have a very problematic service from a provider; and if he will make a statement on the matter. [19785/10]

The direct provision of broadband services is a contractual matter between the service provider and its customer and I am therefore not in a position to intervene in such matters.

The service provider retains the primary responsibility for complaint resolution where a user experiences difficulties with the service being provided to them. If a customer is not satisfied with the service provider's complaints handling procedures, he or she may contact the Commission for Communication Regulation (ComReg).

The Communications (Regulation) Act, 2002, as amended outlines ComReg's role in protecting and promoting consumer interests.

Under this Act, ComReg is mandated to ensure a high level of protection for consumers in its dealings with suppliers and to investigate complaints from consumers regarding the supply of and access to, electronic communications services, networks and associated facilities.

Departmental Staff

Niall Collins

Question:

212 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19825/10]

My annual salary as Minister for Communications, Energy and Natural Resources and as a TD is €191,417. The Secretary General is the only other officer in my Department that has a comparable or higher salary, which is currently €215,590.

In relation to the State Agencies under the aegis of my Department the remuneration packages of the Chief Executives of the following Commercial Bodies are comparable to or higher than my salary:

RTÉ;

TG4;

Bord Gáis Éireann;

Bord na Móna;

EirGrid;

ESB;

An Post;

Ordnance Survey Ireland.

Details of the remuneration package for the Chief Executives of the above Bodies are available in the respective Annual Reports.

In relation to the non-commercial Bodies under the aegis of my Department, only the Chair of the Commission for Energy Regulation is in receipt of a comparable or higher salary. The current salary for the Chair is €198,569. The terms and conditions for this post are in line with those of the Civil Service Secretary General Grade III.

Direct Payment Schemes

Tom Sheahan

Question:

213 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 480 of 23 February 2010 the reason his Department has not made contact with a person (details supplied) to date; and if he will as a matter of urgency transfer the unused entitlements to this person; and if he will make a statement on the matter. [19731/10]

A representative of my Department has been in contact with the person named and has notified her that the 7.92 entitlements which were previously lost to the National Reserve due to non-usage in 2007, 2008 and 2009 have now been returned under force majeure due to the extenuating circumstances involved. However, these entitlements now require to be transferred to her as they are currently registered in the name of her late husband. My Department is assisting the person named with this transfer and has offered ongoing assistance where required.

Grant Payments

Willie Penrose

Question:

214 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if an application for review of penalties applied in respect of a person (details supplied) in County Westmeath will be completed; and if he will make a statement on the matter. [19788/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12 May 2009 declaring a total area of 65.24ha.

This application was selected for and was the subject of a ground eligibility inspection. During the course of the inspection discrepancies were found with parcel numbers X13101048 and X13504091 and the area found eligible for Single Payment Scheme was 54.10ha. These discrepancies included inadequate deductions made for Roads, Farmyards and Scrub. As there is an over declaration of over 20% no payment can be made under the Single Payment Scheme/Disadvantaged Area Compensatory Allowance Scheme for the year in question.

A review of the case has been sought by the person named and is currently being dealt with by my Department. My Department will be in touch with the person named shortly to inform them of the result of this review.

If the person named is not happy with the outcome of the review, he may make a further appeal to the Agriculture Appeals Office.

Installation Aid Scheme

Michael Moynihan

Question:

215 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when installation aid will be awarded in respect of a person (details supplied) in County Cork. [19797/10]

The person concerned is an applicant under the Installation Aid Scheme. Payment of the standard amount available under the Scheme issued on 27 January 2009. My Department is currently processing an application for a top-up payment under the Scheme. Payment of this additional grant-aid will be made once it has been established that the requirements of the top-up element have been met. The outcome of my Department's examination of the application will be made known to the applicant shortly.

Michael Moynihan

Question:

216 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when the young farmers’ installation aid will be awarded in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [19798/10]

The person concerned is an applicant under the Young Farmers' Installation Scheme. Under the terms of the Scheme, payment of the grant is made once it has been established that the requirements of the Scheme have been met, including the conditions in relation to property, education and income. The outcome of my Department's examination of the application will be made known to the applicant shortly.

Grant Payments

Michael Moynihan

Question:

217 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when the forestry premium will be awarded in respect of a person (details supplied) in County Cork. [19799/10]

The applicant's Forestry Management Plan was returned to him on 5 May 2010 for clarification on the size of the plantation. No forestry premium will issue until the Plan is returned and outstanding issues clarified.

Departmental Staff

Niall Collins

Question:

218 Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19824/10]

My combined TD and Ministerial salary is €191, 417. The salary of the Secretary General of my Department is €215,590.

The salary of the CEO of Coillte is €297,024. He has a provision in his contract enabling him to participate in a performance related award scheme, though payments under the scheme have been suspended. There is also provision for a car and pension arrangements.

Grant Payments

John O'Mahony

Question:

219 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the REP scheme 4 payment in respect of a person (details supplied) in County Mayo; when payment will issue; and if he will make a statement on the matter. [19839/10]

The application from the person named was received on 17 June 2009 and his REPS 4 contract begins on 1 January 2010. The applicant will not be eligible for a payment in respect of 2010 until administrative checks on all 2010 applications for REPS 4, as well as cross-checks against Single Payment Scheme entitlements, are completed. As a result, payment is likely to take place in the Autumn.

EU Funding

John Deasy

Question:

220 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the amount of funding available from the European Commission under the European Globalisation Fund in respect of former workers at a company (details supplied); the amount of Exchequer funding being provided; the way this will benefit the former employees; and if she will make a statement on the matter. [19699/10]

John Deasy

Question:

221 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the way in which the funding available under the European Globalisation Fund in respect of former workers at a company (details supplied) will be dispersed; the Departments and agencies that will be involved in allocating these funds; if a decision has been made on the amount of funding that will be allocated to each Department and agency; and if she will make a statement on the matter. [19700/10]

John Deasy

Question:

222 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the application process for person’s applying for funding available under the European Globalisation Fund in respect of former workers at a company (details supplied); when a person may start applying; when the application period will close; and if she will make a statement on the matter. [19701/10]

I propose to take Questions Nos. 220 to 222, inclusive together.

My Department submitted an application on 7th August 2009 to the European Commission for a total of €3.95m in funding in relation to over 650 workers made redundant since 30th January 2009 at Waterford Crystal and three ancillary companies. The funds, if approved, will go towards the cost of provision of a personalised package of occupational guidance, training, upskilling, education opportunities and enterprise supports for eligible workers. The maximum 65% contribution allowable (€2.57m) is being sought from the European Globalisation Adjustment Fund (EGF) with the remaining 35% (€1.38m) to be funded by the Government.

FÁS, Enterprise Ireland, Waterford City and County Enterprise Boards, Waterford City and County Vocational Committees and the Waterford Institute of Technology are already offering a range of relevant supports. If the EGF application is subsequently approved by all relevant EU budgetary authorities including the Council of Ministers and the European Parliament, having been approved by the College of Commissioners on 6th May 2010, funding will be distributed through these State agencies for the further provision of eligible supports with my Department acting as the overall managing authority at national level.

FÁS is currently co-ordinating ongoing service provision in co-operation with other relevant State agencies and the Waterford Institute of Technology. A recent public procurement process sought tenders for the services coordination role upon full EU approval of the EGF application and a number of tenders are currently being evaluated in my Department. As such, queries on potential eligibility and on the current availability of services should be directed in the first instance to FÁS and the other relevant State agencies locally. This will allow both for the offering of available services and facilitate the subsequent rollout of services upon full EU approval. The eligibility period for an approved EGF application is 24 months from the submission of the application to the European Commission plus an additional three months in certain circumstances where measures had not previously commenced.

Psychological Service

Ciaran Lynch

Question:

223 Deputy Ciarán Lynch asked the Tánaiste and Minister for Education and Skills when a date will be set for an educational psychology assessment in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [19734/10]

I can inform the Deputy that 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), full details of which are on the Department's website. Where a NEPS psychologist is not assigned to a school, authorities therein may access psychological assessments through SCPA. Under this scheme schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

It should also be noted that in common with many other psychological services, NEPS encourages a staged assessment process, whereby each school takes responsibility for a pupil's initial assessment, educational planning and remedial intervention in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process described above.

I have made enquiries in relation to the child referred to in this question and can inform the Deputy that the normal preparatory arrangements have already been put in place between school authorities and the assigned NEPS psychologist in relation to his assessment. These arrangements are currently being finalised and it is envisaged that the child will be seen by that psychologist during June 2010, at a date and time to be agreed with parents and the school.

Child Protection

Mary Wallace

Question:

224 Deputy Mary Wallace asked the Tánaiste and Minister for Education and Skills the criteria and guidelines for one teacher primary schools regarding the requirement for a second adult to be on the premises during school hours; the number of such schools that exist in the country; when it becomes necessary for a second adult to be on the premises; if there are any child welfare and protection issues involved; and if she will make a statement on the matter. [19688/10]

My Department's most recently published information relates to the 2008/09 school year. In that year there were eight primary schools with one teacher. Such schools have less than 12 pupils enrolled.

My Department has issued child protection guidelines to all primary and post primary schools. The guidelines are based on Children First — the Department of Health & Children's national guidelines for the protection and welfare of children.

The responsibility for day to day management of schools is at local school level. Schools are required to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities.

In 2002, my Department agreed arrangements for the provision of funding for supervision in respect of mid-morning and lunch-time breaks. Circular 21/02 issued at that time and it set out the agreement and arrangements for payment. Specific arrangements apply in the case of 1, 2 and 3 teacher schools. In one teacher schools a grant equivalent to 122 hours of supervision is paid to the Board of Management for the provision of supervision services which may be facilitated by the appointment of an external supervisor.

In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of individual school management authorities to have a safety statement in place in their schools. The Statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils. The Safety Statement should be reviewed on a regular basis.

Higher Education Grants

Olivia Mitchell

Question:

225 Deputy Olivia Mitchell asked the Tánaiste and Minister for Education and Skills the reason there is a delay in the processing of grant applications by the County Dublin Vocational Educational Committee in respect of persons (details supplied) in Dublin 18; and if she will make a statement on the matter. [19720/10]

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

I understand that County Dublin VEC has now advised that the candidates referred to by the Deputy were awarded the grant on 29th April 2010.

Special Educational Needs

Finian McGrath

Question:

226 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if he will support a matter (details supplied). [19726/10]

The Deputy may be aware that my Department has put in place a range of teaching and care supports for pupils with special educational needs. These include the provision of additional teaching and/or special needs assistant support in schools which have enrolled pupils with special educational needs, including Down Syndrome.

All primary schools have the benefit of additional Learning Support/Resource Teaching support through the general allocation system. One of the benefits of the general allocation system is that it has put support teaching resources in place in schools on a more systematic basis and enables them to support pupils with high incidence special educational needs immediately. Some pupils with Down Syndrome, based on their psychological assessment, have been assessed as having a high incidence special educational need.

Other pupils with Down Syndrome fall within the low incidence range of special educational needs. The National Council for Special Education will sanction additional teaching hours where a primary school pupil has been assessed as being within the low incidence category of special need. The general allocation model is only available in primary schools. Second level schools which have enrolled pupils with special educational needs are also allocated additional teaching hours. The number of additional teaching hours sanctioned ranges from one-and-a-half hours to five hours per week depending on the pupil's special educational needs.

Special needs assistant posts are allocated to schools to support students with care needs. Funding has been made available for specialist furniture and/or assistive technology if this is required. My Department can also fund special school transport arrangements.

I have no plans to alter the current criteria for the allocation of special educational needs supports.

School Services Staff

Martin Ferris

Question:

227 Deputy Martin Ferris asked the Tánaiste and Minister for Education and Skills if she is satisfied that her Department is not breaching national legislation which expressly prohibits employers from making any deductions from wages without permission of the employee, in the case of a person (details supplied) who worked for her Department for ten years as a special needs assistant and whose pension has been stopped until an overpayment that was subsequently discovered is repaid. [19735/10]

I understand that the person to whom the Deputy refers requested that her pension be held until the overpayment was recovered in full.

However, if the person now wishes to change this arrangement she should contact officials in the non-teaching staff payroll section of my Department.

Departmental Agencies

Bernard J. Durkan

Question:

228 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills her proposals for the future of FÁS with particular reference to the need for direct accountability to her office and the Houses of the Oireachtas for planning and ongoing expenditure; the extent to which she expects to ensure such accountability in the future; if she will outline the degree to which she expects FÁS to play a leading role in addressing the issues arising from the economic downturn; the extent to which training and upskilling is likely to impact positively on economic recovery; the degree to which her Department, FÁS and other relevant Departments and agencies intend to interact in the rebuilding of the economy with particular reference to employment creation and retention; if she will further outline her proposals if any to examine and address the precise reason for the relocation of manufacturing or service jobs outside this country to other jurisdictions; if arising from any studies, her Department or other agencies have identified the measures needed to address the issues arising; and if she will make a statement on the matter. [19754/10]

In his speech in the Dáil on 23 March the Taoiseach announced a number of Ministerial and Departmental changes designed to ensure closer alignment of the Government's economic objectives to the administrative functions of its departments and agencies. As part of these changes the Transfer of Departmental Administration and Ministerial Functions Order made on 1 May 2010, reallocated responsibility for FÁS as an Agency and its funding related to training and skills from the Department of Enterprise, Trade and Innovation to my Department. Responsibility for the employment service and community service activities of FÁS and its related funding has also transferred to my Department. However, it is proposed that the renamed Department of Social Protection will assume funding and overall responsibility of FÁS employment and community services once the primary legislation necessary to achieve this has been enacted.

Looking further ahead, my colleague the Minister for Social Protection intends to bring forward more detailed legislative proposals at an early date to provide for the full transfer of the employment services and community services programmes of FÁS to his Department. In this way accountability to the Oireachtas will be assured.

These important administrative changes follow closely on from the passing of the Labour Services (Amendment) Act 2009 at the beginning of this year which provides for a significantly stronger governance and accountability structure at FÁS including, notably, the making of the Director General of FÁS accountable to the Oireachtas, as well as providing protection for "whistleblower" members of staff who report serious wrongdoing within the Agency.

The training and upskilling of the country's workforce is a vital element of this country's recovery from the current downturn both in the context of encouraging the emergence of indigenous enterprises as well as attracting inward investment into Ireland. This Department and FÁS is therefore focused on delivering high quality activation services to its priority cohorts including those with low skills or education levels; those who have been on the Live Register for an extended period of time; and those who were previously employed in sectors that have been most affected by restructuring and where recovery to near previous levels is not a realistic prospect in the short to medium term. My Department will continue to keep all labour market interventions delivered by FÁS under review in order to ensure that they remain relevant to the needs of our economy and the country's workforce.

I understand that my colleague the Minister for Enterprise, Trade and Innovation is replying separately to the Deputy on the specific matters of employment creation and the question of relocation of manufacturing and service jobs.

State Examinations

Ciaran Lynch

Question:

229 Deputy Ciarán Lynch asked the Tánaiste and Minister for Education and Skills if provision will be made to accommodate a student (details supplied) in County Cork who was forced to miss a Leaving Certificate Vocational Applied exam due to the volcanic ash disruption; if there is a backup paper available to cover emergencies; and if she will make a statement on the matter. [19783/10]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations, making arrangements for the marking of work presented for examination and issuing the results of examinations.

In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Teaching Qualifications

Jan O'Sullivan

Question:

230 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Education and Skills the reason the standard of primary degree needed for the post-graduate medical course at University of Limerick applies only to the first degree achieved by the student concerned; if she will consider, in conjunction with the Irish Association of Universities and the university concerned, allowing the standard achieved by students who have gone on to a subsequent degree to be taken into account; and if she will make a statement on the matter. [19795/10]

The position is that when the Graduate Entry Programme in Medicine was introduced in 2007 the particular academic entry requirements were decided upon by the universities involved and the Royal College of Surgeons in Ireland. Following careful consideration of the issues involved, and based on international practice and experience, the medical schools decided that candidates must hold a minimum 2.1 (second class honours, grade one) result in their primary honours bachelor degree (NFQ Level 8). As the medical schools are autonomous bodies the entry requirements for any of their programmes are a matter for the institutions themselves. I have no function in the matter.

However, I understand that there is a commitment from the universities and RCSI to examine the new programme within 3 years of its implementation to assess its success and any issues arising. Among the issues expected to be reviewed are the current entry requirements. It is expected that the report of the review group will be available in early summer.

Special Educational Needs

Noel Ahern

Question:

231 Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills further to Parliamentary Question No. 247 of 25 March 2010 and No. 263 of 29 April 2010, if home tuition will now be approved and commenced in respect of a person (details supplied). [19800/10]

I wish to advise the Deputy that no application for Home Tuition was made to the relevant area in my Department on behalf of the child in question. I will arrange for an application form to be forwarded to her parents.

School Enrolments

Arthur Morgan

Question:

232 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills if there are proposals to close or merge a school (details supplied) in county Sligo; and if she will make a statement on the matter. [19811/10]

The Rules for National Schools provide that "aid is not continued to a school at which the average daily enrolment falls below eight units for two consecutive years".

These requirements for recognition of the school referred to by the Deputy are not being met as the enrolment has been below the required level since 2006.

The appropriate steps have been taken and following a consultation process with the school authorities my Department is satisfied at this stage that there is little prospect of a reversal in the school's enrolment trend. In this context, it is intended to withdraw recognition and close the school with effect from 31 August 2010.

The school authorities have recently been notified of this decision. The school authorities undertook to convey this decision to the parents and to advise of the need to enrol their children in another school in the local area for September 2010.

Schools Building Projects

Arthur Morgan

Question:

233 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills the position regarding the proposed improvements at a school (details supplied) in County Sligo; and if she will make a statement on the matter. [19812/10]

Arthur Morgan

Question:

234 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills her plans to build a new school on a green-field site in an area (details supplied) in County Sligo; and if she will make a statement on the matter. [19813/10]

I propose to take Questions Nos. 233 and 234 together.

The school to which the Deputy refers applied to my Department for major capital works in October 2006.

The application was assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 2 rating.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department's website.

The Department's technical staff conducted a site suitability assessment at the end of March this year and the issues raised following this site visit are now being addressed.

The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Recognition

Fergus O'Dowd

Question:

235 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the position regarding a group’s (details supplied) proposals and application; and if she will make a statement on the matter. [19817/10]

My Department is considering a number of broad policy issues relating to the recognition process for second level schools. The applications from Educate Together to establish schools at second level in the area referred to and in a number of other locations is being fully examined within the context of the relevant legal, financial and other factors.

It is my intention to finalise this matter and convey a decision to Educate Together and other relevant bodies at the earliest date possible.

Departmental Staff

Niall Collins

Question:

236 Deputy Niall Collins asked the Tánaiste and Minister for Education and Skills her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19828/10]

My full salary cost is currently €208,526 which comprises of:

€115,854 — Tánaiste salary

€92,672 — T.D. salary.

All the staff at my Department are in receipt of salaries that are lower than the above with the exception of the Secretary General of my Department who is in receipt of a salary of €215,590 per annum.

The information sought by the Deputy in relation to office holders in State Agencies under the aegis of my Department is not readily available. Therefore, I have requested officials at the Personnel Unit of my Department to compile the information and forward it to the Deputy in due course.

Third Level Scholarships

Olwyn Enright

Question:

237 Deputy Olwyn Enright asked the Tánaiste and Minister for Education and Skills the reason a person (details supplied) in County Offaly, who is a fluent Irish speaker attending a school in County Offaly, is not eligible to apply for a scholarship; and if she will make a statement on the matter. [19880/10]

My Department offers 50 third level scholarships annually for students from all-Irish schools under three scholarship schemes as follows:

Scéim Scoláireachtaí Triú Leibhéal do Mhic Léinn Ón nGaeltacht

Scéim Scoláireachtaí Triú Leibhéal (Trí Ghaeilge Teoranta)

Scéim Scoláireachtaí Ghaeilge Triú Leibhéil (Neamh-Theoranta)

These scholarships are awarded to those students who have, among other things, attended an all-Irish second level school and reached a certain minimum standard in the Leaving Certificate Examination. Students are required to apply for these scholarships which are only tenable in respect of specified third level courses.

Students attending the school referred to by the Deputy are not eligible to avail of the Irish scholarships as subjects are taught through the medium of English.

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